sec.93Multiple lot declaration (tidal) provision

### sec.93 Multiple lot declaration (tidal) provision The chief executive may by gazette notice make a declaration (a multiple lot declaration (tidal) ) under this section providing for the location of the tidal boundary of each of 2 or more lots (each a relevant lot ). The chief executive may make a multiple lot declaration (tidal) even if, for any relevant lot— a new plan of survey has been lodged, or has been deposited with a view to subsequent lodgement; or there has already been 1 or more new plans of survey registered. However, the chief executive may make a multiple lot declaration (tidal) only if— all the land constituting the relevant lots was the subject of 1 old plan of survey (the original old plan of survey ), whether or not any other land was also the subject of the original old plan of survey; and either— the original adopted natural feature rule (tidal) provision would otherwise apply to 1 or more of the relevant lots but, on a consideration of all the relevant lots taken as a whole, the chief executive is satisfied a circumstance mentioned in subsection (4) exists for the relevant lots; or the second exception for the original adopted natural feature rule (tidal) provision (applied criteria exception) would otherwise have applied to locate the tidal boundary. For subsection (3) (b) (i) , the circumstances are— it is not possible to make a meaningful correspondence between the evidence on the original old plan of survey of an adopted natural feature and evidence on the ground of any natural feature; or the adopted natural feature is currently located in a substantially different location than it would have been if it had been the subject of only gradual change since it was adopted in the original old plan of survey; or the natural feature adopted for representing the tidal boundary in the original old plan of survey was different from the natural feature that should have been adopted, having regard to the directions and instructions applying to surveyors when the original old plan of survey was prepared; or because of circumstances not otherwise provided for in this subdivision, the original adopted natural feature rule (tidal) provision can not practicably be applied. On and from the registration of the next new plan of survey for a relevant lot— the tidal boundary of the relevant lot is, at law, the line that would describe on the ground the line declared by the chief executive to be the tidal boundary for the lot under the multiple lot declaration (tidal); and the tidal boundary is taken to be fixed as if it were a right line boundary. To remove any doubt, it is declared that the gazette notice may incorporate by reference a map or plan held by the chief executive for identifying the location of the tidal boundary of the relevant lots. In making a multiple lot declaration (tidal), the chief executive must ensure, to the greatest practicable extent, having regard to all relevant evidence, that the location of the tidal boundary as provided for in the multiple lot declaration (tidal) complies with the requirements of the first, second and third of the tidal boundary location criteria. On and from the registration of the next new plan of survey for a relevant lot, the lot is taken still to be land having a tidal boundary, even though the location of the boundary becomes fixed as provided for under subsection (5) (b) . The chief executive or registrar of titles may defer dealing with a new plan of survey that has been lodged, or has been deposited with a view to subsequent lodgement, to allow the chief executive a reasonable time to investigate the making of, and make, a multiple lot declaration (tidal). The following requirements apply for the making of a multiple lot declaration (tidal)— the chief executive must take reasonable steps to obtain the views of any registered owner or lessee of each relevant lot about the proposed declaration; the chief executive must make a decision that the chief executive intends to make the proposed declaration, and what the terms of the proposed declaration are to be; the chief executive must give the registered owner or lessee of each relevant lot written notice of— the decision and reasons for the decision; and the owner’s or lessee’s right to appeal against the decision and how the appeal is started; after any review of, and any appeal against, the decision have been completed, the chief executive may, unless, following review or appeal no declaration is to be made, make the multiple lot declaration (tidal)— in accordance with the decision; or if the decision is amended or substituted as a result of review or appeal—in accordance with the decision as amended or substituted. Division 2 , subdivisions 3 and 4 do not provide for the location at law of a tidal boundary of land to the extent their operation would be inconsistent with the operation of this section. s 93 ins 2010 No. 12 s 215 amd 2023 No. 2 s 82 (sec.93-ssec.1) The chief executive may by gazette notice make a declaration (a multiple lot declaration (tidal) ) under this section providing for the location of the tidal boundary of each of 2 or more lots (each a relevant lot ). (sec.93-ssec.2) The chief executive may make a multiple lot declaration (tidal) even if, for any relevant lot— a new plan of survey has been lodged, or has been deposited with a view to subsequent lodgement; or there has already been 1 or more new plans of survey registered. (sec.93-ssec.3) However, the chief executive may make a multiple lot declaration (tidal) only if— all the land constituting the relevant lots was the subject of 1 old plan of survey (the original old plan of survey ), whether or not any other land was also the subject of the original old plan of survey; and either— the original adopted natural feature rule (tidal) provision would otherwise apply to 1 or more of the relevant lots but, on a consideration of all the relevant lots taken as a whole, the chief executive is satisfied a circumstance mentioned in subsection (4) exists for the relevant lots; or the second exception for the original adopted natural feature rule (tidal) provision (applied criteria exception) would otherwise have applied to locate the tidal boundary. (sec.93-ssec.4) For subsection (3) (b) (i) , the circumstances are— it is not possible to make a meaningful correspondence between the evidence on the original old plan of survey of an adopted natural feature and evidence on the ground of any natural feature; or the adopted natural feature is currently located in a substantially different location than it would have been if it had been the subject of only gradual change since it was adopted in the original old plan of survey; or the natural feature adopted for representing the tidal boundary in the original old plan of survey was different from the natural feature that should have been adopted, having regard to the directions and instructions applying to surveyors when the original old plan of survey was prepared; or because of circumstances not otherwise provided for in this subdivision, the original adopted natural feature rule (tidal) provision can not practicably be applied. (sec.93-ssec.5) On and from the registration of the next new plan of survey for a relevant lot— the tidal boundary of the relevant lot is, at law, the line that would describe on the ground the line declared by the chief executive to be the tidal boundary for the lot under the multiple lot declaration (tidal); and the tidal boundary is taken to be fixed as if it were a right line boundary. (sec.93-ssec.6) To remove any doubt, it is declared that the gazette notice may incorporate by reference a map or plan held by the chief executive for identifying the location of the tidal boundary of the relevant lots. (sec.93-ssec.7) In making a multiple lot declaration (tidal), the chief executive must ensure, to the greatest practicable extent, having regard to all relevant evidence, that the location of the tidal boundary as provided for in the multiple lot declaration (tidal) complies with the requirements of the first, second and third of the tidal boundary location criteria. (sec.93-ssec.8) On and from the registration of the next new plan of survey for a relevant lot, the lot is taken still to be land having a tidal boundary, even though the location of the boundary becomes fixed as provided for under subsection (5) (b) . (sec.93-ssec.9) The chief executive or registrar of titles may defer dealing with a new plan of survey that has been lodged, or has been deposited with a view to subsequent lodgement, to allow the chief executive a reasonable time to investigate the making of, and make, a multiple lot declaration (tidal). (sec.93-ssec.10) The following requirements apply for the making of a multiple lot declaration (tidal)— the chief executive must take reasonable steps to obtain the views of any registered owner or lessee of each relevant lot about the proposed declaration; the chief executive must make a decision that the chief executive intends to make the proposed declaration, and what the terms of the proposed declaration are to be; the chief executive must give the registered owner or lessee of each relevant lot written notice of— the decision and reasons for the decision; and the owner’s or lessee’s right to appeal against the decision and how the appeal is started; after any review of, and any appeal against, the decision have been completed, the chief executive may, unless, following review or appeal no declaration is to be made, make the multiple lot declaration (tidal)— in accordance with the decision; or if the decision is amended or substituted as a result of review or appeal—in accordance with the decision as amended or substituted. (sec.93-ssec.11) Division 2 , subdivisions 3 and 4 do not provide for the location at law of a tidal boundary of land to the extent their operation would be inconsistent with the operation of this section. - (a) a new plan of survey has been lodged, or has been deposited with a view to subsequent lodgement; or - (b) there has already been 1 or more new plans of survey registered. - (a) all the land constituting the relevant lots was the subject of 1 old plan of survey (the original old plan of survey ), whether or not any other land was also the subject of the original old plan of survey; and - (b) either— (i) the original adopted natural feature rule (tidal) provision would otherwise apply to 1 or more of the relevant lots but, on a consideration of all the relevant lots taken as a whole, the chief executive is satisfied a circumstance mentioned in subsection (4) exists for the relevant lots; or (ii) the second exception for the original adopted natural feature rule (tidal) provision (applied criteria exception) would otherwise have applied to locate the tidal boundary. - (i) the original adopted natural feature rule (tidal) provision would otherwise apply to 1 or more of the relevant lots but, on a consideration of all the relevant lots taken as a whole, the chief executive is satisfied a circumstance mentioned in subsection (4) exists for the relevant lots; or - (ii) the second exception for the original adopted natural feature rule (tidal) provision (applied criteria exception) would otherwise have applied to locate the tidal boundary. - (i) the original adopted natural feature rule (tidal) provision would otherwise apply to 1 or more of the relevant lots but, on a consideration of all the relevant lots taken as a whole, the chief executive is satisfied a circumstance mentioned in subsection (4) exists for the relevant lots; or - (ii) the second exception for the original adopted natural feature rule (tidal) provision (applied criteria exception) would otherwise have applied to locate the tidal boundary. - (a) it is not possible to make a meaningful correspondence between the evidence on the original old plan of survey of an adopted natural feature and evidence on the ground of any natural feature; or - (b) the adopted natural feature is currently located in a substantially different location than it would have been if it had been the subject of only gradual change since it was adopted in the original old plan of survey; or - (c) the natural feature adopted for representing the tidal boundary in the original old plan of survey was different from the natural feature that should have been adopted, having regard to the directions and instructions applying to surveyors when the original old plan of survey was prepared; or - (d) because of circumstances not otherwise provided for in this subdivision, the original adopted natural feature rule (tidal) provision can not practicably be applied. - (a) the tidal boundary of the relevant lot is, at law, the line that would describe on the ground the line declared by the chief executive to be the tidal boundary for the lot under the multiple lot declaration (tidal); and - (b) the tidal boundary is taken to be fixed as if it were a right line boundary. - (a) the chief executive must take reasonable steps to obtain the views of any registered owner or lessee of each relevant lot about the proposed declaration; - (b) the chief executive must make a decision that the chief executive intends to make the proposed declaration, and what the terms of the proposed declaration are to be; - (c) the chief executive must give the registered owner or lessee of each relevant lot written notice of— (i) the decision and reasons for the decision; and (ii) the owner’s or lessee’s right to appeal against the decision and how the appeal is started; - (i) the decision and reasons for the decision; and - (ii) the owner’s or lessee’s right to appeal against the decision and how the appeal is started; - (d) after any review of, and any appeal against, the decision have been completed, the chief executive may, unless, following review or appeal no declaration is to be made, make the multiple lot declaration (tidal)— (i) in accordance with the decision; or (ii) if the decision is amended or substituted as a result of review or appeal—in accordance with the decision as amended or substituted. - (i) in accordance with the decision; or - (ii) if the decision is amended or substituted as a result of review or appeal—in accordance with the decision as amended or substituted. - (i) the decision and reasons for the decision; and - (ii) the owner’s or lessee’s right to appeal against the decision and how the appeal is started; - (i) in accordance with the decision; or - (ii) if the decision is amended or substituted as a result of review or appeal—in accordance with the decision as amended or substituted.