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9 (1) Where the land intended to be included in a bare land strata plan adjoins a lake, river, stream or other body of water, the approving officer may refuse to approve it unless the owner-developer has provided by dedication without compensation a strip of land not exceeding 7 m in width along the bank or shore for the purpose of providing public access, if, in his opinion, it is in the public interest to do so.

  • (2) Land dedicated under this section shall be measured from
  • (a) the high water mark,
  • (b) the controlled high water mark, or
  • (c) the natural boundary of the lake, river, stream or other body of water as defined by the Land Act,
  • whichever is applicable.
  • (3) The amount of land provided for public access under this section shall not exceed 5% of the land in the bare land strata plan.
  • (4) This section does not apply where the smallest strata lot intended to be created by the bare land strata plan exceeds 2 ha.