Landward boundaries of roads and reserves abutting waterways

Non-tidal streams

Where a parcel of land is bounded by existing road or crown reservation of stipulated width (for example, a 30.48 metre wide reserve) abutting onto a watercourse, the landward boundary remains fixed in the position defined at the date of the Grant. The boundary does not move parallel with any subsequent movement of the bank through accretion and/or erosion see McGrath v Williams State Report 1912 Vol. 477.

Plans redefining the landward boundary of these roads or reserves must:

  • be defined by right lines or circular curves in a position approximately parallel to the position of the bank as originally defined see cl.45 Surveying and Spatial Information Regulation 2012
  • indicate the position of the bank as originally defined
  • indicate the position of any existing road formation or occupation.

If the land surveyed has frontage to a non-tidal stream which is greater than 500 metres, a reference mark must be placed near the intersection of each side boundary and the stream bank. See cl.30(6)(c) Surveying and Spatial Information Regulation 2012. The mark should be referenced to a boundary mark placed in accordance with cl.28(4) Surveying and Spatial Information Regulation 2012.

A Statement evidencing the approval should be endorsed on a copy of the plan and accompany the original when lodged in NSW LRS. The statement should include reference to the related Crown Lands file number see Consents to natural boundaries.

Tidal waters

In the same manner as with non-tidal streams, the landward boundary of an existing reservation fronting tidal waters should be defined in all new plans by right lines or circular curves approximately parallel to the position of the mean high water mark as originally defined see cl.45 Surveying and Spatial Information Regulation 2012.

The landward boundary of the reserve must be marked in accordance with clauses 30 and 36 Surveying and Spatial Information Regulation 2012.

Note  The approval of the Minister Administering the Crown Lands Act 1989 must be obtained. For further details see the page Consents to natural boundaries and paragraph 5.3 of the Surveyor Generals Directions No.6 (PDF 204 KB) Water as a Boundary - Procedures.