Land Act 1994

If inundated land adjoins the limits of a port, the land forms part of the port for an Act applying to tidal water in the port.

If inundated land is outside the limits of a port, the land forms part of the tidal water for an Act applying to tidal water.

The registered owner of inundated land may suitably indicate where the boundaries of the land are across the surface of the water.

If the registered owner of inundated land has suitably indicated where the boundaries of the land are, the registered owner may regulate or prohibit the use or movement of ships in or over the water above the inundated land.

To remove any doubt, it is declared that an interest in freehold land immediately before the land becomes inundated land is not affected by the inundation and neither the State nor a port authority, port lessor, port lessee or port manager is authorised to deal with or give an interest in the land unless the State, port authority, port lessor, port lessee or port manager is the registered owner of the land.

In this section—registered owner of inundated land includes a lessee of the land.