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LAND ACT 1994 - SECT 13B
Power to declare and deal with former watercourse land
(1) A person (the
"applicant" ) who is the owner of land (the
"relevant land" ) having a non-tidal boundary (watercourse) may apply to the
chief executive (water) to have land (the
"watercourse land" ) adjoining the relevant land’s non-tidal boundary
(watercourse) declared to be former watercourse land if— (a) no person holds
a registered interest in the watercourse land; and
(b) the physical location
of the boundary’s associated watercourse has been the subject of change,
whether before or after the commencement of this section; and
(c) on an
application of the ambulatory boundary principles, the location at law of the
non-tidal boundary (watercourse) has not changed correspondingly; and
(d) the
watercourse land has effectively ceased to be part of a functioning
watercourse.
(2) However, before applying, the person must give notice of the
person’s intention to make the application to the owners of any land that
adjoins the watercourse land.
(3) The chief executive (water) may by gazette
notice declare the watercourse land to be former watercourse land.
(4)
However, the chief executive (water) may make the declaration only if
satisfied that— (a) the matters stated in subsection (1) (a) to (d) are
true; and
(b) taking a long-term perspective, there is negligible likelihood
that the watercourse land will again become part of a functioning watercourse.
(5) In making the application, the applicant must give the chief executive
(water) enough evidence to satisfy the chief executive (water) that the
watercourse land has effectively ceased to be part of a functioning
watercourse. Examples of evidence— photographs, survey material identifying
topographical changes and authoritative information about flow history
(6)
The applicant may appeal against the refusal of the application, and a person
entitled to be given notice of the proposed application under subsection (2)
may appeal against the granting of the application.
(7) When the
watercourse land becomes former watercourse land, it does not become
unallocated State land, but it may be dealt with under this Act as if it were
unallocated State land.
(8) Despite subsection (7) , the granting of an
estate in fee simple, a lease or a permit to occupy for the purpose of dealing
with the former watercourse land under that subsection is not subject to any
public auction, tender or ballot requirements under chapter 4 , part 1 ,
division 1 .
(9) To remove any doubt, it is declared that the
former watercourse land declaration may incorporate by reference a map or plan
held by the chief executive under this Act for identifying the boundaries of
the former watercourse land.
(10) The chief executive (water) may delegate
his or her powers under this section to an appropriately qualified public
service officer or public service employee.
(11) In this section—
"associated watercourse" , of a non-tidal boundary (watercourse), means the
watercourse on which the boundary is based.
"former watercourse land" means the land the subject of a
former watercourse land declaration.
"former watercourse land declaration" means a declaration under subsection (3)
.
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