sec.5BDeclaration of outer bank

### sec.5B Declaration of outer bank The chief executive may by gazette notice declare an outer bank of a watercourse for a length (the relevant length ) of the watercourse. The chief executive may make a declaration under subsection (1) only if— it is not reasonably practicable to otherwise identify the outer bank of the watercourse for the relevant length; or the chief executive is satisfied that the outer bank of the watercourse for the relevant length does not appropriately locate a watercourse for the purposes of the exercise of jurisdiction over watercourses under this Act. If the chief executive acts under subsection (2) (a) , the chief executive must, in making a declaration under subsection (1) , take reasonable steps to declare the outer bank consistently with what would have been the location of the outer bank if it had not become impracticable to identify it. However, a declaration can not have effect to locate an outer bank for any period before the declaration is made. s 5B ins 2010 No. 12 s 239 (sec.5B-ssec.1) The chief executive may by gazette notice declare an outer bank of a watercourse for a length (the relevant length ) of the watercourse. (sec.5B-ssec.2) The chief executive may make a declaration under subsection (1) only if— it is not reasonably practicable to otherwise identify the outer bank of the watercourse for the relevant length; or the chief executive is satisfied that the outer bank of the watercourse for the relevant length does not appropriately locate a watercourse for the purposes of the exercise of jurisdiction over watercourses under this Act. (sec.5B-ssec.3) If the chief executive acts under subsection (2) (a) , the chief executive must, in making a declaration under subsection (1) , take reasonable steps to declare the outer bank consistently with what would have been the location of the outer bank if it had not become impracticable to identify it. (sec.5B-ssec.4) However, a declaration can not have effect to locate an outer bank for any period before the declaration is made. - (a) it is not reasonably practicable to otherwise identify the outer bank of the watercourse for the relevant length; or - (b) the chief executive is satisfied that the outer bank of the watercourse for the relevant length does not appropriately locate a watercourse for the purposes of the exercise of jurisdiction over watercourses under this Act.