New South Wales Consolidated Acts

COASTAL PROTECTION ACT 1979 - SECT 55N

55N Modification of doctrine of erosion and accretion

(1) This section applies to land:

(a) which is within the coastal zone, or which adjoins the tidal waters of Sydney Harbour or Botany Bay, or their tributaries, and

(b) a boundary ( "the water boundary") of which is defined or otherwise determined by reference to a mean high water mark.

(2) A court has no jurisdiction to make a declaration concerning a water boundary that would increase the area of land to the landward side of the water boundary if:

(a) a perceived trend by way of accretion is not likely to be indefinitely sustained by natural means, or

(b) as a consequence of making such a declaration, public access to a beach, headland or waterway will, or is likely to be, restricted or denied.

(3) The Registrar-General has no power under Part 14A of the Real Property Act 1900 to make a determination concerning a water boundary that would increase the area of land to the landward side of the water boundary.

(4) The Minister administering the Crown Lands Act 1989 (or a person authorised by that Minister) has no power under Part 7 of the Surveyors (Practice) Regulation 2001 (or any regulation made by way of replacement, or in substitution, for that Regulation) to approve a determination concerning a water boundary that would increase the area of land to the landward side of the water boundary if:

(a) a perceived trend by way of accretion is not likely to be indefinitely sustained by natural means, or

(b) as a consequence of making such a determination, public access to a beach, headland or waterway will, or is likely to be, restricted or denied.