National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 2 · Trusts
353. Resurvey of land alienated before commencement by reference to natural feature boundaries
Feedback & supportWhere any land alienated before the commencement of this Act is expressed in the document of title thereto to extend to a boundary or boundaries consisting of any natural feature, the Director of Survey and Mapping shall, at the request of the
land
“land” includes— (a) that surface of the earth and all substances forming that surface; (b) the earth below the surface and all substances therein; (c) all vegetation and other natural products, whether or not requiring the periodical application of labour to their production, and whether on or below the surface; (d) all things attached to the earth or permanently fastened to anything attached to the earth, whether on or below the surface; and (e) land covered by water;
State Director, cause the boundary or boundaries in question to be determined by right lines.
State Director
“State Director” means the State Director of Lands and Mines for the State appointed under section 12, and includes a Deputy Director of Lands and Mines appointed thereunder;
Where the natural feature referred to in subsection (1)
consists of the foreshore, the coastline or the sea, a river or riverbank, or any other feature the line of which is liable to alter from time to time, then, for the purposes of this section the boundary shall be taken to follow any survey traverse made for the purpose of determining the line of that feature at the time the land was alienated:
foreshore
“foreshore” means all that land lying between the shoreline and the low-water mark of ordinary spring tides…
Provided that—
the traverse shall be disregarded to the extent, if any, necessary to take account of any advance of the shoreline, or of the bed of any river;
unless the proprietor of the land would thereby become entitled to an area substantially greater than that specified in his document of title, the traverse shall also be disregarded to the extent, if any, necessary to include within the boundaries of the land any revetment, sea wall, river wall or other structure lawfully erected by the proprietor or any predecessor in title.
Where any boundary has been determined in pursuance of subsection (1), the Director of Survey and Mapping—
Director of Survey and Mapping
“Director of Survey and Mapping” means the Director of Survey and Mapping of the State appointed under section 12, and includes a Deputy Director of Survey and Mapping appointed thereunder;
shall cause such action to be taken as may be necessary to secure that it is demarcated on the surface of the land by boundary marks, or is capable of being ascertained therefrom;
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shall cause the area of the land to be recalculated;
may, if he thinks fit, assign a new lot number to the land;
and
shall cause a certified plan to be prepared for his approval showing the boundaries of the land (including the boundary or boundaries so determined), the position of the boundary marks and the area and lot number.
When the plan prepared under paragraph (3)(d) has been approved by the Director of Survey and Mapping, it shall for the purposes of subsection 396(2) be deemed to be the plan approved under paragraph (1)(e) of that section.