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 tidal waters, non-tidal lakes and streams or other natural features, 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 (or other natural feature) 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, in accordance with clause 45 Surveying and Spatial Information Regulation 2017:
- define the landward boundary by straight lines in a position approximately parallel to the position of the bank (or other natural feature) as originally defined,
- show the position of the bank (or the natural feature) as originally defined (this is not required for tidal waters),
- show the position of any existing road formation or fencing (this is not required for tidal waters).
If the landward boundary is relative to non-tidal waters or other natural feature it is not required to place boundary marks on this boundary. If marks are not placed, a reference mark must be placed at each terminal and at intervals of not more than 1,000 metres along the boundary.
See also clause 30(6)(c) Surveying and Spatial Information Regulation 2017.
Clause 45(3) Surveying and Spatial Information Regulation 2017 requires approval of the relevant minister to boundaries defined in accordance with clause 45.
A Statement evidencing the approval should be endorsed on a copy of the plan and accompany the original when lodged for registration. The statement should include reference to the related Crown Lands file number see Consents to natural boundaries.
See also Surveyor-General’s Direction No. 6 (Water as a Boundary).