The following information relates to the use of a water boundary to define the horizontal extent of a parcel including the application of rule 6.7 when the water margin has moved.
Water boundary types include, but are not limited to, river bank, MHWM, and MHWS.
Each water boundary terminates at an end point.
Each end point is required to have two vectors recorded in the CSD [r 9.6.13]
Where the current physical edge of the water body does not coincide with the existing documentary water boundary (eg as a result of avulsion or artificial diversion), this existing water boundary becomes a fixed boundary and must be converted to right-line boundaries [r 6.7(a)(i)]. Note the alternative cases in rule 6.7(b).
An exception to the right lining requirements is where the boundary is permitted to be adopted as a class C boundary, in which case it becomes an irregular boundary which is fixed in position [r 6.7(a)(ii)].
Water boundaries or irregular boundaries that have been converted to right-lines must be defined by survey [r 6.2(a)(iii)] and, in the case of a class A boundary, must be marked on the ground [r 7.1(c)]. Only class A and B boundaries are required to be witnessed.
Where entitlement to accretion beyond the water boundary is not being claimed, the documentary water boundary may be adopted as a water boundary in its former position [r 6.7(b)(i)].
Because the boundary remains as a movable water boundary, any entitlement to accretion can be applied for at a later date.
Where the usque ad medium filum aquae presumption in relation to a water boundary is available but is not being claimed, then the documentary water boundary may be adopted as a water boundary in its former position [r 6.7(b)(ii)].
Because the boundary remains as a movable water boundary, any entitlement to AMF rights can be applied for at a later date.