WATER ACT 2000 - SECT 5B Declaration of outer bank

WATER ACT 2000 - SECT 5B

5B Declaration of outer bank

(1) The chief executive may by gazette notice declare an outer bank of a watercourse for a length (the
"relevant length" ) of the watercourse.

(2) The chief executive may make a declaration under subsection (1) only if—

(a) it is not reasonably practicable to otherwise identify the outer bank of the watercourse for the relevant length; or

(b) the chief executive is satisfied that the outer bank of the watercourse for the relevant length does not appropriately locate a watercourse for the purposes of the exercise of jurisdiction over watercourses under this Act.

(3) If the chief executive acts under subsection (2) (a) , the chief executive must, in making a declaration under subsection (1) , take reasonable steps to declare the outer bank consistently with what would have been the location of the outer bank if it had not become impracticable to identify it.

(4) However, a declaration can not have effect to locate an outer bank for any period before the declaration is made.