Millard, Aaron (2011) Property rights, cadastral boundaries & coastal erosion in New South Wales. [USQ Project]
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Abstract
The aim of this project is to investigate the effects of coastal erosion on coastal boundaries and to determine the rights, obligations and limitations attached to that
land with respect to both the private land owner and the general public.
The effects of coastal erosion along urbanised foreshores has seen the loss of land to private property by title as well as physical loss of land to the ocean, while public
land is disappearing as erosion forces its natural coastal boundaries landward towards private fixed-line boundaries.
As Australia continues to urbanise along its coastline, the value of coastal land near large cities in Australia is continually increasing, further highlighting the importance of resolving issues that surround coastal property boundaries.
These issues have been demonstrated through a literature review. The collection and critical review of current legislation, case law, survey regulations as well as
investigation into examples of coastal remedial works (both successful and unsuccessful) was then applied to a primary research study, located at Collaroy- Narrabeen Beach, within the local government area of Warringah, NSW.
A detail survey was conducted of the foreshore and adjoining properties along the described length of Collaroy-Narrabeen Beach, as well as boundary survey to define
the cadastral boundaries between the beach reserve and private properties that it adjoins. This study revealed significant deficiencies that continue to see the loss of
land along the foreshore, affecting both private land owners and public beach users.
This study has proven that there are serious and concerning issues surrounding coastal erosion, and its effect on coastal property boundaries. As Australia’s stunning
and iconic coastline continues to urbanise, the importance of collective and responsibly considered actions which successfully manage the delicate balance between protecting privately owned land and public interests from coastal erosion in New South Wales has never been more significant.
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