Queensland Consolidated Acts Queensland Consolidated Acts(1) The representation of the tidal boundary on the first new plan of survey for the land together with associated material, including a plan of survey lodged but not registered before the commencement of this division, must, to the greatest practicable extent, be consistent with the location at law of the boundary as provided for in this subdivision.
(2) Subject to subsection (3), the first new plan of survey must not be a compiled plan of survey in relation to any length of the tidal boundary.
(3) The first new plan of survey may be a compiled plan of survey in relation to any length (the relevant length) of the tidal boundary if—
(a) on the registration of the new plan of survey, the original adopted natural feature rule (tidal) provision applies to locate, at law, the tidal boundary as a natural feature adopted in an old plan of survey (the original plan of survey) to represent the tidal boundary; and
(b) the searchable registered, or otherwise authoritative, information held by the chief executive (land) or the registrar of titles obtained for the purposes of the first new plan of survey, to the extent it is a compiled plan of survey in relation to the relevant length—
(i) is information included in the original plan of survey and associated material for the original plan of survey; or
(ii) is information that allows the tidal boundary to be represented substantially as required under subsection (1), even though no resurvey of the boundary has occurred.
Note—
This subsection will allow for some or all of the tidal boundary to be represented on the first new plan of survey without a resurvey, but will not affect the actual location at law of the tidal boundary under this subdivision.
(4) Subsection (3) applies even if a later old plan of survey represented the tidal boundary generally closer to the water subject to tidal influence than the natural feature mentioned in subsection (3)(a).
Example—
A later old plan of survey represented the tidal boundary at mean high water springs.
(5) In this section—
water subject to tidal influence, in relation to a tidal boundary, means the water that is relevant to the identification of the boundary as a tidal boundary.