41Survey of land bounded by natural features

41 Survey of land bounded by natural features

41 Survey of land bounded by natural features

(1) This section applies to a survey carried out if a natural feature forms a boundary of the land surveyed.

(2) A surveyor must locate each change of course or direction of the natural feature.

(3) If a boundary with a natural feature has not previously been defined, the surveyor must adopt the natural feature as the boundary.

(4) If the middle line of non-tidal waters forms the boundary, a surveyor must survey both banks to determine the position of the middle line.

(5) If the natural feature is in substantially the same position as in the current plan for the land, a surveyor must adopt the natural feature as the boundary.

(6) If the natural feature is not in substantially the same position as in the current plan for the land, a surveyor must adopt a boundary—

(a) for a natural feature fronting tidal waters—in accordance with subsection (7),

(b) otherwise—in accordance with subsection (8).

(7) For a natural feature fronting tidal waters, a surveyor must—

(a) if the change is consistent with the doctrine of accretion and erosion—adopt the natural feature as the boundary, or

(b) if the change is not consistent with the doctrine of accretion and erosion—adopt the position of the mean high-water mark as defined by a survey plan, survey report or survey record filed or recorded by the Registrar-General or a public authority before the change.

Note—

The Coastal Management Act 2016, section 28 modifies the doctrine of accretion and erosion in its application to the definition of certain water boundaries.

(8) For another natural feature, a surveyor must—

(a) if the change is consistent with the doctrine of accretion and erosion—adopt the natural feature as the boundary, or

(b) if the change is not consistent with the doctrine of accretion and erosion—

(i) if the boundary is defined in the current plan—adopt the boundary as defined, or