sec.99Meanings of non-tidal boundary (lake) and non-tidal boundary (watercourse)

### sec.99 Meanings of non-tidal boundary (lake) and non-tidal boundary (watercourse) A boundary of land is a non-tidal boundary (lake) if— under the source material for the land, the boundary is identified with reference to a lake, however described; and the southwest bank of Victoria Lake the eastern bank of the lagoon having regard to how the boundary is identified, no part of the boundary can appropriately be represented on a plan of survey as a right line boundary; and the boundary is not a tidal boundary. A boundary of land is a non-tidal boundary (watercourse) if— under the source material for the land, the boundary is identified, either expressly or by necessary implication— with reference to a watercourse, however described; or the left bank of the Calladoon Anabranch of the Macintyre River the Bremer River the left bank of the Gregory River with reference to a natural feature or other thing whose existence and location are dependent on, or otherwise linked to the existence and location of, a watercourse; and an identified scour mark on a bank of the watercourse an identified depositional feature on a bank of the watercourse having regard to how the boundary is identified, no part of the boundary can appropriately be represented on a plan of survey as a right line boundary; and the boundary is not a tidal boundary. Under the Land Act 1994 , section 290JA (2) (c) and the Land Title Act 1994 , section 51 (3) (b) , a registered plan of subdivision is taken to be source material for land for this section in particular circumstances. s 99 ins 2010 No. 12 s 215 amd 2013 No. 23 s 352 sch 1 pt 1 ; 2024 No. 12 s 131 sch 1 pt 2 (sec.99-ssec.1) A boundary of land is a non-tidal boundary (lake) if— under the source material for the land, the boundary is identified with reference to a lake, however described; and the southwest bank of Victoria Lake the eastern bank of the lagoon having regard to how the boundary is identified, no part of the boundary can appropriately be represented on a plan of survey as a right line boundary; and the boundary is not a tidal boundary. (sec.99-ssec.2) A boundary of land is a non-tidal boundary (watercourse) if— under the source material for the land, the boundary is identified, either expressly or by necessary implication— with reference to a watercourse, however described; or the left bank of the Calladoon Anabranch of the Macintyre River the Bremer River the left bank of the Gregory River with reference to a natural feature or other thing whose existence and location are dependent on, or otherwise linked to the existence and location of, a watercourse; and an identified scour mark on a bank of the watercourse an identified depositional feature on a bank of the watercourse having regard to how the boundary is identified, no part of the boundary can appropriately be represented on a plan of survey as a right line boundary; and the boundary is not a tidal boundary. Under the Land Act 1994 , section 290JA (2) (c) and the Land Title Act 1994 , section 51 (3) (b) , a registered plan of subdivision is taken to be source material for land for this section in particular circumstances. - (a) under the source material for the land, the boundary is identified with reference to a lake, however described; and Examples of non-tidal boundary (lake) identifiers— • the southwest bank of Victoria Lake • the eastern bank of the lagoon - • the southwest bank of Victoria Lake - • the eastern bank of the lagoon - (b) having regard to how the boundary is identified, no part of the boundary can appropriately be represented on a plan of survey as a right line boundary; and - (c) the boundary is not a tidal boundary. - • the southwest bank of Victoria Lake - • the eastern bank of the lagoon - (a) under the source material for the land, the boundary is identified, either expressly or by necessary implication— (i) with reference to a watercourse, however described; or Examples of non-tidal boundary (watercourse) identifiers for subparagraph (i) — • the left bank of the Calladoon Anabranch of the Macintyre River • the Bremer River • the left bank of the Gregory River (ii) with reference to a natural feature or other thing whose existence and location are dependent on, or otherwise linked to the existence and location of, a watercourse; and Examples of non-tidal boundary (watercourse) identifiers for subparagraph (ii) — • an identified scour mark on a bank of the watercourse • an identified depositional feature on a bank of the watercourse - (i) with reference to a watercourse, however described; or Examples of non-tidal boundary (watercourse) identifiers for subparagraph (i) — • the left bank of the Calladoon Anabranch of the Macintyre River • the Bremer River • the left bank of the Gregory River - • the left bank of the Calladoon Anabranch of the Macintyre River - • the Bremer River - • the left bank of the Gregory River - (ii) with reference to a natural feature or other thing whose existence and location are dependent on, or otherwise linked to the existence and location of, a watercourse; and Examples of non-tidal boundary (watercourse) identifiers for subparagraph (ii) — • an identified scour mark on a bank of the watercourse • an identified depositional feature on a bank of the watercourse - • an identified scour mark on a bank of the watercourse - • an identified depositional feature on a bank of the watercourse - (b) having regard to how the boundary is identified, no part of the boundary can appropriately be represented on a plan of survey as a right line boundary; and - (c) the boundary is not a tidal boundary. - (i) with reference to a watercourse, however described; or Examples of non-tidal boundary (watercourse) identifiers for subparagraph (i) — • the left bank of the Calladoon Anabranch of the Macintyre River • the Bremer River • the left bank of the Gregory River - • the left bank of the Calladoon Anabranch of the Macintyre River - • the Bremer River - • the left bank of the Gregory River - (ii) with reference to a natural feature or other thing whose existence and location are dependent on, or otherwise linked to the existence and location of, a watercourse; and Examples of non-tidal boundary (watercourse) identifiers for subparagraph (ii) — • an identified scour mark on a bank of the watercourse • an identified depositional feature on a bank of the watercourse - • an identified scour mark on a bank of the watercourse - • an identified depositional feature on a bank of the watercourse - • the left bank of the Calladoon Anabranch of the Macintyre River - • the Bremer River - • the left bank of the Gregory River - • an identified scour mark on a bank of the watercourse - • an identified depositional feature on a bank of the watercourse