Survey plans with tidal boundaries
Amendments to the Land Title Act 1994
In 2005, the Land Title Act 1994 and the Land Act 1994 were amended to place a temporary stay on the registration of survey plans with tidal boundaries, to address issues regarding ownership of, and public access to, beaches and other tidal areas.
The stay, which took effect on 8 November 2005, operated from that date. It affects landholders who have land next to a tidal river or coast and wish to resurvey or subdivide the land.
In November 2009, the stay was extended until 8 May 2010.
Why was the stay extended?
The stay was extended due to the complex issues identified during the research into alternative survey methods and analysis of the impacts on landholders.
Legislation is being finalised to address these issues, which will provide an appropriate balance between the rights of individual landholders, and the public's right to access the beach.
What is the purpose of the stay?
While the stay is in place, the Registrar of Titles may refuse to register plans caught by the stay. The stay allows the department to investigate and consult with stakeholders to work out a solution.
Why include this amendment?
Before the stay commenced, the tidal boundaries of freehold lots along coastal areas (particularly the central coast) were being resurveyed and new plans were being registered. Some of these plans showed a significantly greater land area than the original survey registered in the 1800s or early 1900s. In some cases, the boundaries of the freehold land had been extended to include public beaches and foreshores.
This raised public interest issues regarding ownership of, and public access to, beaches and other tidal areas. These areas have traditionally been considered public land and under the current provisions, landholders of the resurveyed lots may (now or some time in the future) restrict access to some areas of foreshore, including beaches.
Who will the amendments affect?
The amendments will affect landholders who own parcels of land next to tidal rivers or coasts, and wish to resurvey or subdivide their land.
The stay will not change the current boundary positions or take away anything already depicted on registered plans.
Landholders can still register plans of resurvey or subdivision, provided there is no change to the depicted tidal boundaries.
The amendments set out limited circumstances in which the Minister can approve the registration of a plan that shows the tidal boundary in a different location. The standards for cadastral surveys set out the requirements for tidal boundary plans, in chapter 4.
Last updated: 05 November 2009