new south wales Rivers on private land

[Ducks Nuts]

Hi, just wondering if you need permission to follow a river from the side of the road through private lane I you stay on said river? Dpi website is confusing…

[AUS-BNE-FISHO]

14 minutes ago, Ducks nuts said:

Hi, just wondering if you need permission to follow a river from the side of the road through private lane I you stay on said river? Dpi website is confusing…

I think all tidal waterways are public (or at least below the high tide mark). I'm not sure about freshwater though. It would probably be best to check with the landowner anyways. 

[Angry51]

What Hamish said.

Always get permission from landholder.

[Dinodadog]

Confusing is right,my son has a country property, with a creek. I tried to find out the rules and it was like bashing my head against a brick wall. There are several types of deeds. Some own the property to the top of the bank, some to the middle of the creek and some who own property on both sides of creek, also own the creek.As said above get permission, only trouble is they will tell you what they want you to know, not necessary the truth.

Dino

[Ducks Nuts]

12 hours ago, AUS-BNE-FISHO said:

I think all tidal waterways are public (or at least below the high tide mark). I'm not sure about freshwater though. It would probably be best to check with the landowner anyways. 

Haha! No I should have been more specific.

im the land owner. I have people coming in on the river all the time. I just want to know where I stand.

[Angry51]

The law used to be that the crown owned the land 22yards off each bank and anyone could use it as 

in travelling stock etc. Rivers only creeks don't apply. But if people are using the river only and not going on land I doubt you could do much about it.

Check with your local council/member lawyer etc.

[Exile]

This might be of use to you

https://www.dpi.nsw.gov.au/fishing/recreational/resources/angler-access

 

Cheers

[Ed.]

Well, that to me is about as clear as mud! I would send an email to that department with a map and location of the river/creek on it and ask them to put it in writing in a simple yes/no answer. Don't expect an answer though.

[Ducks Nuts]

Yeah man, I’ve tried that and ur right. No clear answer!

I asked them

1, can’t people follow the river

2, what are my insurance issues

3, do I need to turn off my electric fence flood gates as my stock will get out

4, what if they leave gates open as it will take me weeks to sort out my stock.

can’t give me an answer on any of it!

frustrating as f###

[Hweebe]

My understanding talking about this a while ago with a land surveyor.

The 10m-20m is really only a myth. There is no such rule in law.

However in NSW he said generally the land owner  adjcent to the stream owns to the bank of the stream , in rarer cases to the centre of the stream and occasionally a specific reserve may exist which could be used for access.

So unless there is a specific reserve they should really be asking you for permission.

[Angry51]

I just know the boundary on our station had 2 rivers on it and by the map we

had to by law not fence within 22yards of the bank.

This area was owned by the crown. this is in QLD.

Law could have changed as I'm  talking 65 years ago.

[Ed.]

I wonder if you could put a "Private land -All trespassers will be prosecuted" sign at the entrance or on both sides of the creek/river, or will this be another legal can of worms? It could be enough of a deterrent for most people to keep out even if it wasn't legally enforceable.

 

[Tuna are fish]

25 minutes ago, Ed. said:

I wonder if you could put a "Private land -All trespassers will be prosecuted" sign at the entrance or on both sides of the creek/river, or will this be another legal can of worms? It could be enough of a deterrent for most people to keep out even if it wasn't legally enforceable.

like said there if you just walk up the bank placing signs saying there are cameras or place fake cameras would be a good deterrent, although make sure it is on your property that you place them or you could be the one in legal trouble.

[Gad]

On 23/05/2022 at 4:47 PM, Ducks nuts said:

Yeah man, I’ve tried that and ur right. No clear answer!

I asked them

1, can’t people follow the river

2, what are my insurance issues

3, do I need to turn off my electric fence flood gates as my stock will get out

4, what if they leave gates open as it will take me weeks to sort out my stock.

can’t give me an answer on any of it!

frustrating as f###

okay, I'm not sure whether you are saying these people are accessing your property from the river itself or whether they are accessing your property via a private lane...
if they are accessing through a private lane, put up a no trespassing, private property sign.

if they are coming in from the river it's self, the following is on the Australian Canoeing site.
https://www.exploroz.com/forum/45914/public-access-to-waterways-on-private-land

if all gates fences etc are on your property, no pr**k has any right to interfere with them.

Now in offering the above, I can assure you that if you lock access gates, put no trespassing signs up, and tell people it's private property and @*** OFF, call police to remove people if necessary, it will take years and years worth of letters from and between Council, State Departments etc to wade through what is and what isn't...

This of course is just my view and I always talk to my self before I follow my own views...