Tidal waterways, like oceans, rivers, harbours and inlets, adjoin property across NSW. The beds of most tidal waters include Crown land.
If the land below the Mean High Water Mark (MHWM) is Crown land, you need approval from the Minister administering the Crown Lands Management Act 2016. There are 3 main categories for approvals:
First tidal boundary definition - s75(2)(a) SSIR 2024: If the boundary hasn’t been depicted on a plan defining cadastral boundaries before, a first definition of the boundary is needed.
Changed tidal boundary - s75(2)(b) SSIR 2024: If natural causes like erosion have changed the boundary, the current land title may not necessarily reflect the location of the actual boundary. If a changed definition of a MHWM boundary is recommended, a new definition must satisfy the doctrine of accretion or erosion and consider s28 of the Coastal Management Act 2016.
Prior tidal approval older than 20 years - s75(2)(c) SSIR 2024: If a prior approval exists to the boundary being defined, and the underlying definition is being adopted, but the approval is more than 20 years old, a current approval will be required.
Before you apply
The following is required as part of the application form and prescribed fee:
- ensure the waterway is administered by Crown Land, as this is not the case for all tidal waterways (e.g., Sydney Harbour, Botany Bay, Port Hunter, and Port Kembla Harbour)
- confirm that the land is downstream of tidal limits
- an approved method must be used to determine the present shoreline. The three approved methods are outlined in section 22.5 of the Integrated Survey Manual
- refer to Manly Hydraulics AHD value for the adopted level of MHW from MHL2786 NSW Tidal Planes Analysis 2001-2020 report if applicable.
Application fee
We will send you an invoice for any fees after we receive your application. Once you pay the application fee, we will process your application.
Fees are non-refundable if we are not the adjoining owner.
Important information
- By selecting the Submit button, you have read and agreed to the Department's privacy statement.
- The fields marked with an asterisk * are mandatory and must be completed in order to submit the form.
- After you have submitted your form, a copy of the application can be emailed to the address entered in the form or a copy can be saved or printed.