The Land Title Act 1994 and the Land Act 1994 have been amended to place a temporary stay on the registration plans of tidal boundaries.

This stay, which took effect as of 8 November 2005, operates for three years from that date. It affects certain plans of subdivision, including plans of resurvey.

Who will be affected by this amendment?

This amendment affects those landowners who have a boundary to their land that abuts tidal parts of rivers and the coast, and wish to resurvey this tidal boundary.

Why include this amendment?

When 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 raises public interest issues regarding ownership of, and public access to, beaches and other tidal areas. Owners of the resurveyed lots may (now or some time in the future) restrict access to some areas of foreshore, including beaches. These areas have traditionally been considered public land, and access to them part of the Australian way of life.

What is the purpose of the amendment?

The amendment puts in place a three year ‘stay’ on the registration of certain plans of subdivision, including plans of resurvey.

This will allow the Registrar of Titles to temporarily refuse to register these plans, while the department investigates and consults with stakeholders to work out a solution.

When did the stay commence?

The stay commenced on 8 November 2005.

How will the amendment affect me?

You will be affected only if you own a parcel of land next to a tidal river or coast, and wish to resurvey or subdivide your land.

The stay will not change the current position of your boundaries and will not take away anything already depicted on a registered plan.

You can still register a plan of resurvey or subdivision, provided there is no change to that part of the depicted tidal boundary.

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.

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