Special regulation-making power to support outer bank identification
1014A Special regulation-making power to support outer bank identification
Regulations made under this Act may include a regulation supporting the identification of watercourses and the outer banks of watercourses.
Without limiting subsection (1), a regulation may, by words and diagrams—
indicate how chapter 1, part 2, including the definitions in schedule 4 supporting chapter 1, part 2, must be applied in varying environments and in watercourses, or sections of watercourses, of varying profiles; or
give examples of the occurrence of depositional features and scour marks and of how they may locate outer banks; or
give examples of the occurrence of floodplains and of how the edge of a floodplain may be identified; or
explain how a bench, bar or in-stream island in a watercourse may typically be recognised; or
explain how the bed or a bank of a watercourse may typically be recognised; or
explain how an anabranch may be recognised.
A regulation under this section is not invalid only because it supplements the provisions of this Act by providing greater certainty than would otherwise be the case under this Act in relation to the identification of watercourses and the outer banks of watercourses in particular circumstances or types of circumstances.
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