sec.5Meaning of watercourse

### sec.5 Meaning of watercourse A watercourse is a river, creek or other stream, including a stream in the form of an anabranch or a tributary, in which water flows permanently or intermittently, regardless of the frequency of flow events— in a natural channel, whether artificially modified or not; or in an artificial channel that has changed the course of the stream. A watercourse includes any of the following located in it— in-stream islands; benches; bars. However, a watercourse does not include a drainage feature. Further— unless there is a contrary intention, a reference to a watercourse in this Act, other than in this part or in the definitions in schedule 4 to the extent they support the operation of this part, is a reference to anywhere that is— upstream of the downstream limit of the watercourse; and between the lateral limits of the watercourse; and a reference in this Act to, or to a circumstance that involves, land adjoining a watercourse, is a reference to, or to a circumstance that involves, land effectively adjoining a watercourse. Generally, the non-tidal boundary (watercourse) of land bounded by a watercourse, as provided for under the Survey and Mapping Infrastructure Act 2003 , would not correspond precisely with the line of the outer bank of a watercourse under this Act. In this section— adjoining includes being bounded by, being adjacent to, or abutting. lateral limits , of a watercourse, are the outer bank on one side of the watercourse and the outer bank on the other side of the watercourse. s 5 ins 2010 No. 12 s 239 amd 2014 No. 64 s 63 (sec.5-ssec.1) A watercourse is a river, creek or other stream, including a stream in the form of an anabranch or a tributary, in which water flows permanently or intermittently, regardless of the frequency of flow events— in a natural channel, whether artificially modified or not; or in an artificial channel that has changed the course of the stream. (sec.5-ssec.2) A watercourse includes any of the following located in it— in-stream islands; benches; bars. (sec.5-ssec.3) However, a watercourse does not include a drainage feature. (sec.5-ssec.4) Further— unless there is a contrary intention, a reference to a watercourse in this Act, other than in this part or in the definitions in schedule 4 to the extent they support the operation of this part, is a reference to anywhere that is— upstream of the downstream limit of the watercourse; and between the lateral limits of the watercourse; and a reference in this Act to, or to a circumstance that involves, land adjoining a watercourse, is a reference to, or to a circumstance that involves, land effectively adjoining a watercourse. Generally, the non-tidal boundary (watercourse) of land bounded by a watercourse, as provided for under the Survey and Mapping Infrastructure Act 2003 , would not correspond precisely with the line of the outer bank of a watercourse under this Act. (sec.5-ssec.5) In this section— adjoining includes being bounded by, being adjacent to, or abutting. lateral limits , of a watercourse, are the outer bank on one side of the watercourse and the outer bank on the other side of the watercourse. - (a) in a natural channel, whether artificially modified or not; or - (b) in an artificial channel that has changed the course of the stream. - (a) in-stream islands; - (b) benches; - (c) bars. - (a) unless there is a contrary intention, a reference to a watercourse in this Act, other than in this part or in the definitions in schedule 4 to the extent they support the operation of this part, is a reference to anywhere that is— (i) upstream of the downstream limit of the watercourse; and (ii) between the lateral limits of the watercourse; and - (i) upstream of the downstream limit of the watercourse; and - (ii) between the lateral limits of the watercourse; and - (b) a reference in this Act to, or to a circumstance that involves, land adjoining a watercourse, is a reference to, or to a circumstance that involves, land effectively adjoining a watercourse. Note for paragraph (b) — Generally, the non-tidal boundary (watercourse) of land bounded by a watercourse, as provided for under the Survey and Mapping Infrastructure Act 2003 , would not correspond precisely with the line of the outer bank of a watercourse under this Act. - (i) upstream of the downstream limit of the watercourse; and - (ii) between the lateral limits of the watercourse; and