Land adjacent to tidal boundary or right line tidal boundary owned by State
9 Land adjacent to tidal boundary or right line tidal boundary owned by State
If land has a boundary that is a tidal boundary or right line tidal boundary, other land that is on the same side of the boundary as the water subject to tidal influence—
is the property of the State; and
may be dealt with as unallocated State land.
Subsection (1) does not apply to land if it is inundated land or a registered interest in the land is held by someone else.
Subsections (1) and (2) apply even if a person owns land having tidal boundaries or right line tidal boundaries on both sides of water subject to tidal influence.
Example—A person owns land that has as its northern boundary a tidal boundary that is located on the southern edge of a river. The same person also owns land in the same locality that has as its southern boundary a tidal boundary located on the northern edge of the same river. The ownership of land on both sides of the river does not in these circumstances confer on the person ownership of the river itself.
To remove any doubt, it is declared that, before the commencement of this section, if a boundary of land (the relevant land) was formed by high-water mark—
other land that adjoined the boundary and was below high-water mark was, and always was, the property of the State, unless it was inundated land or a registered interest in the land was held by someone else; and
if the line of the high-water mark shifted over time by gradual and imperceptible degrees, the shift was a shift in the boundary of the relevant land.
An act before the commencement of this section to occupy, use, build works or remove material or product, with or without lawful authority, could never divest the State of its ownership of land below high-water mark.
An act after the relevant commencement to occupy, use, build works or remove material or product, with or without lawful authority, can not divest the State of its ownership of land that is on the same side of a boundary that is a tidal boundary or right line tidal boundary as the water subject to tidal influence.
For subsection (6), relevant commencement means—
in relation to a tidal boundary or right line tidal boundary under section 8, definition right line tidal boundary, paragraph (a)—the commencement of subsection (6); or
in relation to a right line tidal boundary under section 8, definition right line tidal boundary, paragraph (b)—the commencement of this subsection.
This Act’s bill:Explanatory memorandum
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