Queensland Consolidated Acts

LAND ACT 1994 - SECT 13A

13A Land adjacent to non-tidal boundary (watercourse) or non-tidal boundary (lake) owned by State

(1) If land has a non-tidal boundary (watercourse), other land that adjoins the boundary and is on the watercourse side of the boundary is the property of the State.

(2) If land has a non-tidal boundary (lake), other land that adjoins the boundary and is on the lake side of the boundary is the property of the State.

(3) Subsections (1) and (2) apply despite the alienation of land by the State.

(4) A person (the
"owner" ) who may take water under the Water Act 2000 , section 96 —

(a) may exercise a right of access for the owner, the owner’s family, executive officers, employees, agents and stock over the part (the
"adjacent area" ) of the watercourse or lake that is the property of the State and that adjoins the owner’s land; and

(b) may exercise a right of grazing for the person’s stock over the adjacent area; and

(c) may bring action against a person who trespasses on the adjacent area as if the owner were the registered owner of the adjacent area.

(5) If the adjacent area is being used by the State for a purpose under the Water Act 2000 —

(a) subsection (4) (a) and (b) applies only to the extent exercising the right does not interfere with the State’s use of the adjacent area; and

(b) subsection (4) (c) does not allow the owner to bring an action against a person acting on behalf of the State.

(6) If the adjacent area is part of a reserve or the subject of a lease—

(a) subsection (4) (a) and (b) applies only to the extent exercising the right does not interfere with—

(i) a trustee of the reserve performing the trustee’s functions, and fulfilling the trustee’s duty of care for the land in the reserve; or

(ii) the lessee’s rights and interests under the lease; and

(b) subsection (4) (c) does not allow the owner to bring an action against—

(i) a trustee of the reserve, a person acting for a trustee, or a person with a registered interest in the land in the reserve; or

(ii) the lessee, a person acting for the lessee, or a person with a registered interest in the lease.

Note—

This section effectively replaces the Water Act 2000 , section 21 (Beds and banks forming boundaries of land are State property), which was repealed by the Natural Resources and Other Legislation Amendment Act 2010 . However, that Act inserted a transitional provision into the Water Act 2000 to provide that the repealed section 21 continues to apply for all matters arising before its repeal.