Hazlett v. Presnell and Others

Abstract

Territory — Boundaries — Rivers — New South Wales and Victoria having River Murray as boundary — Whole of the watercourse of the river in New South Wales — Island in the river — Agreement between both States that island in Victoria — Effect of changes in course of river — Lessee of island prosecuted for taking water for irrigation from the river — Whether island no longer in Victoria — Whether “whole of the watercourse ” implied a variable boundary — Imperial Acts of 1850 (c. 59) and 1855 (c. 54)

Rivers — River boundaries — River Murray forming boundary of New South Wales and Victoria — Whole of the watercourse of the river in New South Wales — Island in the river formed by two streams of the river — Siltation in river effecting changes in main stream — Whether affecting status of island — Whether island no longer in Victoria — Whether boundary follows changes in the river — Common law principles regarding changes in the course of rivers by erosion and accretion — The law of Australia