sec.90Boundary of land with excluded or dedicated esplanade—source material coming into force before commencement

### sec.90 Boundary of land with excluded or dedicated esplanade—source material coming into force before commencement This section applies if— either— source material for land (the relevant land ) coming into force before the commencement of this section, and still in force on the commencement, provides for the exclusion of land from the relevant land for an esplanade; or source material for land (also the relevant land ) coming into force before the commencement of this section, and still in force on the commencement, provides for the reservation of land within the relevant land for an esplanade, and the land the subject of the reservation has been dedicated as an esplanade; and the esplanade is bounded on one side by a tidal boundary and on the other by the relevant land; and the boundary between the relevant land and the esplanade (the esplanade boundary of the relevant land) is not a right line boundary. To remove any doubt, it is declared that subdivisions 2 to 4 apply to the location at law of the tidal boundary unless, under subdivision 1 , the subdivisions do not apply to its location. The location of the esplanade boundary of the relevant land is taken to have been fixed as if it were a right line boundary on the coming into force of— if subsection (1) (a) (i) applies—the source material; or if subsection (1) (a) (ii) applies—the dedication. If the tidal boundary of the esplanade is for any reason eroded, there is no corresponding change in the location of the esplanade boundary of the relevant land. If subsection (1) (a) (i) applies and a survey was performed to identify the location of the tidal boundary, the esplanade boundary is located at the offset from the tidal boundary as provided for in— the source material; and the plan of the survey, whether or not the plan forms part of the source material. If subsection (1) (a) (i) applies and no survey was performed to identify the location of the tidal boundary, the esplanade boundary is located at an offset, consistent with the source material, from the tidal boundary’s location at law when the source material came into force. If subsection (1) (a) (ii) applies, the esplanade boundary is located as provided for in the dedication of the esplanade. s 90 ins 2010 No. 12 s 215 (sec.90-ssec.1) This section applies if— either— source material for land (the relevant land ) coming into force before the commencement of this section, and still in force on the commencement, provides for the exclusion of land from the relevant land for an esplanade; or source material for land (also the relevant land ) coming into force before the commencement of this section, and still in force on the commencement, provides for the reservation of land within the relevant land for an esplanade, and the land the subject of the reservation has been dedicated as an esplanade; and the esplanade is bounded on one side by a tidal boundary and on the other by the relevant land; and the boundary between the relevant land and the esplanade (the esplanade boundary of the relevant land) is not a right line boundary. (sec.90-ssec.2) To remove any doubt, it is declared that subdivisions 2 to 4 apply to the location at law of the tidal boundary unless, under subdivision 1 , the subdivisions do not apply to its location. (sec.90-ssec.3) The location of the esplanade boundary of the relevant land is taken to have been fixed as if it were a right line boundary on the coming into force of— if subsection (1) (a) (i) applies—the source material; or if subsection (1) (a) (ii) applies—the dedication. If the tidal boundary of the esplanade is for any reason eroded, there is no corresponding change in the location of the esplanade boundary of the relevant land. (sec.90-ssec.4) If subsection (1) (a) (i) applies and a survey was performed to identify the location of the tidal boundary, the esplanade boundary is located at the offset from the tidal boundary as provided for in— the source material; and the plan of the survey, whether or not the plan forms part of the source material. (sec.90-ssec.5) If subsection (1) (a) (i) applies and no survey was performed to identify the location of the tidal boundary, the esplanade boundary is located at an offset, consistent with the source material, from the tidal boundary’s location at law when the source material came into force. (sec.90-ssec.6) If subsection (1) (a) (ii) applies, the esplanade boundary is located as provided for in the dedication of the esplanade. - (a) either— (i) source material for land (the relevant land ) coming into force before the commencement of this section, and still in force on the commencement, provides for the exclusion of land from the relevant land for an esplanade; or (ii) source material for land (also the relevant land ) coming into force before the commencement of this section, and still in force on the commencement, provides for the reservation of land within the relevant land for an esplanade, and the land the subject of the reservation has been dedicated as an esplanade; and - (i) source material for land (the relevant land ) coming into force before the commencement of this section, and still in force on the commencement, provides for the exclusion of land from the relevant land for an esplanade; or - (ii) source material for land (also the relevant land ) coming into force before the commencement of this section, and still in force on the commencement, provides for the reservation of land within the relevant land for an esplanade, and the land the subject of the reservation has been dedicated as an esplanade; and - (b) the esplanade is bounded on one side by a tidal boundary and on the other by the relevant land; and - (c) the boundary between the relevant land and the esplanade (the esplanade boundary of the relevant land) is not a right line boundary. - (i) source material for land (the relevant land ) coming into force before the commencement of this section, and still in force on the commencement, provides for the exclusion of land from the relevant land for an esplanade; or - (ii) source material for land (also the relevant land ) coming into force before the commencement of this section, and still in force on the commencement, provides for the reservation of land within the relevant land for an esplanade, and the land the subject of the reservation has been dedicated as an esplanade; and - (a) if subsection (1) (a) (i) applies—the source material; or - (b) if subsection (1) (a) (ii) applies—the dedication. - (a) the source material; and - (b) the plan of the survey, whether or not the plan forms part of the source material.