The following information relates to the determination of boundaries to a sufficient level of accuracy to address the risk of incompatible rights overlapping.
A boundary is not permitted to be defined by adoption or accepted where there is a risk of it intersecting or overlapping a new boundary and creating incompatible rights [r3.3.2].
Note the risk of intersection / encroachment applies to all forms of adopted and accepted boundaries including right-line, irregular, and water boundaries.
The accuracy between a new non-primary boundary and an existing underlying parcel boundary must comply with rule 3.3.1 (class A or B), rule 3.2.3(b) (class C), or rule 3.2.4(b) (class D) as appropriate.
Where the relationship between all of the new non-primary parcel boundaries and the underlying parcel boundaries cannot be accurately determined, rule 17 will apply (refer to Alternative requirements for non-primary parcels (rule 17)).
In some circumstances that cannot be foreseen by regulation, the tolerances specified by rules 3.3 and 3.4 will not be adequate. This is particularly where new and existing boundaries are close to each other and the errors in the old surveys are either unknown or unable to be specifically located with confidence.
In these circumstances, the relationship between the boundaries must be determined to more precise accuracies to determine if the boundaries intersect or overlap [r 3.3.2, 3.4(a) and 6.3(a)].