Accesssing creeks on private property

[OrangeNugget]

Yeah farmers are super Anal about their land
and the real reason is this.

if you jump the fence go detecting or whatever
and hurt yourself.
You can actually sue the land owner!
and you will probably win!

thats the real reason.

 

[mudgee hunter]

Try this link for NSW.

https://sites.google.com/site/nswangleraccess/access-rights-and-privileges

I can't see any relevance to this link.
As Pauline said.... please explain?
I would advise reading the thread from the start before getting a cap shot over your head!

 

[mudgee hunter]

Yeah farmers are super Anal about their land
and the real reason is this.

if you jump the fence go detecting or whatever
and hurt yourself.
You can actually sue the land owner!
and you will probably win!

thats the real reason.

I think otherwise from my experience,
But i have met a farmer with that situation.
Stereotyping farmers concerns is hard.
Guns, dogs, litter, theft, fire and basic privacy of their life on their land!
G'day neighbor, can me and my mates swim in your pool?
Asking first is the best way, almost bordering the only way really!
There are tools out there that will fob you off, lie etc.
And some really great farmers/owners that will say " your wasting your time there, try going 500m past my hay shed on the bed rock, close any gates you open,.....

 

[user 5263]

Try this link for NSW.

https://sites.google.com/site/nswangleraccess/access-rights-and-privileges

I can't see any relevance to this link.
As Pauline said.... please explain?

Although it relates to anglers it is about access to rivers. i.e. the same rivers you might like to have access to in order to fossick.

Basically as I understand it (I am more than often wrong) is that land owners do not own perennial water courses and if they can be accessed from public land i.e. a bridge crossing therefore you are not trespassing. However some land titles that would date back to the mid/late 19th century does give landowners the ownership of such waters or the midstream if they do not own both sides of the waterway.

I'll see if I can find the discussion paper I got this from, which was quite some time ago.

I do remember having a serious discussion with a NSW Ranger in Nundle over this after someone complained. I hadn't crossed a fence line and he left and I went on panning after I convinced him I wasn't causing turbidity in the river.

 

[mudgee hunter]

And NEVER pull the Douge Stone trick saying it's marked on the map.
Most properties already trespassed in these areas have heard it time and time again!
And your ignorance will pizz them off even more !
Ask first and you "may" receive.
It's that bloody simple!

 

[user 5263]

Some more reading for those interested:

http://www.dohertysmith.com.au/blog...e-rule-or-20-metre-rule-do-they-exist-in-nsw/

 

[mudgee hunter]

In NSW, on/In rivers fished, your generally ok, and ignored by owners.
Unless you start messing around up the bank, or make it worse with a larger breed of dog.
Chances are you will get approached, or a drive by at least.
A drive by... honest wave..
A drop in...
Play it by ear, and intro.
Might well just be curious.
I'm sure 98% of people reading this know how to chin wag etc!
But to those 2% who start ranting and dictating terms off the bat.....
It won't end well. And those people are always looking over their shoulder, and duck for cover at every gun shot they hear!
Not worth the gram of gold!

 

[user 5263]

In NSW, on/In rivers fished, your generally ok, and ignored by owners.
Unless you start messing around up the bank, or make it worse with a larger breed of dog.
Chances are you will get approached, or a drive by at least.
A drive by... honest wave..
A drop in...
Play it by ear, and intro.
Might well just be curious.
I'm sure 98% of people reading this know how to chin wag etc!
But to those 2% who start ranting and dictating terms off the bat.....
It won't end well. And those people are always looking over their shoulder, and duck for cover at every gun shot they hear!
Not worth the gram of gold!

Quite right: a discussion about access is a lot different to what you do once accessed, you will end up in all sorts of trouble and quite rightly if you start damaging any river environment. I could put up a NSW Gov't paper on river bank responsibilities but I am going to leave it alone now. If in doubt don't is always a good rule.

 

[mudgee hunter]

Photo copy your license, a clear picture of your vehicle and Rego, and put your mobile number on it.
Offer it up at a door knock at homestead.
This shows pure transparency!

 

[savage bitter]

I catch at least 4-5 lots looking for opal on my place every year and get the fossicking permit pushed into my face every time even been told I have trespassed but I don't own the dirt under the surface some even say I am not doing any harm so who cares but when the cops come out and seize your car and camper then find you for trespassing the attitude changes pretty quick.
just about everyone who comes out and asks will get on after a few small rules are given its not hard to ask but if I catch you trespassing watch out I have no time for those people and will tell the cops to go hard as they can on you

 

[beaul]

I can't believe the comments about going on to farmers land without their permission, it is a wonder you don't get shot, all farmers have guns.
Have a business card made up showing your personal details, be polite and abide by their rules, it is their land, get over it.
i just read jack lange's book, it would seem all of his finds were on farmers land. farmer are not psycho just trying to protect what they believe is theirs

 

[Martin]

I can't believe the comments about going on to farmers land without their permission, it is a wonder you don't get shot, all farmers have guns.
Have a business card made up showing your personal details, be polite and abide by their rules, it is their land, get over it.

Yep I agree. No harm in asking and being honest about it.

You might end up like this bloke, going back onto private property and it looks like the owners finally had enough:

https://www.abc.net.au/news/2019-12...-man-murdered-at-palmerville-station/11834344

Mystery still surrounds gold prospector's murder

Schuler, a retired builder, had been gold prospecting in a dry gully on Palmerville Station with three friends when he disappeared.

In July 2015 at the Supreme Court in Cairns, the station's owners, Stephen Struber and Dianne Wilson-Struber, were found guilty of his murder and with interfering with a corpse.

It was a murder case without a body or any direct forensic evidence linking the couple to Schuler's death.

The trial heard police found drops of Schuler's blood, burnt patches of grass, and tyre marks matching the Strubers' car in a gully about two kilometres from the homestead.

The Crown's case rested on the evidence of Schuler's fellow prospectors who reported hearing two gunshots several minutes apart after a vehicle matching the Struber's pulled up in the area where they were searching for gold.

The prospectors were on the Struber's land without permission, and one of them had been confronted by Stephen Struber about a week prior and was told him to get off his land.

 

[Banjo68]

On one of my first prospecting outings , after weeks of research I drove out blindly to where I knew there were some old mines. I new they were on leased land. But some were not. So I thought I would check out the area. Never know until ya go. I was driving past a a property that I knew there was old workings in the hill behind it. But leased land. I noticed a bloke planting some trees out near the front gate. So I stopped and introduced myself,asked if he new anything about the old mines. He said he had the lease on the SF land and told me that the old mines were just up behind his place. He gave me access through his place. I found the old mines and had a great day in the bush. All my research paid off. No gold 8.( But that wasn't the purpose of the day.
Anyway just saying have some respect and if you don't ask you won't get.
Old mate didn't have to let me on his land but I think he saw I was not a ******** a new I had done some research to find the place. And made a friend :Y:
I'll be going back not done with that area yet layful:

 

[mudgee hunter]

Once you earn good respect with one owner, it opens up gates of neighbors. And will advise you of his gold knowledge and of who else is approachable.

 

[Banjo68]

Could not agree more MH :100: :Y:

 

[TroopyLove]

I didnt think anyone was allowed to own part of a river, stream, ocean, etc. Thought everyone had right of access to all water.

 

[Smoky bandit]

In Qld you have the right if it's navigatable by boat.Other than that it can be private property. I'm sure someone will correct me if I'm wrong or the laws changed. :Y:

 

[mudgee hunter]

Here we go again! Ha.
NSW rivers you are generally ok to navigate (boat, canoe etc) through them, as long as enter the water way via public property, or consent of the land owner.
Even if the river is a stone's throw from the road, and there is a fence...... You can't jump it.
Creeks are creeks.... next thing to a gully.
Even if they have a name or not.
If they go through a private property.... it's exactly that.
The property owner dose not "own" the water. But he owns the creek bed. He is also bound to follow rules of water acts.
He can't make a weir or dams unless permitted.
If you where to lawfully launch your boat and head upstream and find a gravel bar in the river bed exposed.
And farmer Brown owns both sides say..
I'm sure you would be fine having a fossik their.
But I would stay off the bank where normally dry.
I have only ever a couple of properties dived as a boundary of a creek. A fence on either side.
Very rare.
Farmer Brown might fence along the rivers edge above normal flood level, but chances are it is only a perimeter of a paddock, NOT his true boundary.
Some private property is not fenced "un-fenced" / open, off the side of the road, generally you can't get hit straight off the bat for trespassing, unless clearly sign posted.
Decline to leave asap, your now trespassing.
" Enclosed land", jump that fence, your toast without a word being exchanged.

 

[Ubutey45]

Since when may I ask Mudgee,I would just like to know ,It used to be or still is any waterway shown on a topo map that is named you have the right of way to walk up or down with in its banks or high water mark but nothing else , if you want to eg fish gold pan , detect you need permission from the land owner .

Yes your most probably right there as many years ago I basically confirmed this with nsw primary forestry department

 

[Ubutey45]

This would be up to date ,so if you stick to this theres no probs