28Modification 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 be, 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 Land Management Act 2016 (or a
person authorised by that Minister) has no power under Division 5 of Part 2 of
the Surveying and Spatial Information
Regulation 2012 (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 be, or is likely to be,
restricted or denied.
s 28: Am 2017 No 17,
Sch 4.13.