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.47 Surveying Regulation 2006.

The boundary need not be marked in accordance with clauses 30 and 36 Surveying Regulation 2006, but reference marks must be placed at the terminals of the boundary and at intervals of not more than 1000 metres along the boundary.

A Statement evidencing the approval should be endorsed on a copy of the plan and accompany the original when lodged in LPI. The statement should include reference to the related Crown Lands Division 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.47 Surveying Regulation 2006.

The landward boundary of the reserve must be marked in accordance with clauses 30 and 36 Surveying Regulation 2006.

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.