I own the waterway...Leave now.

[LC76]

Thanks DWT - that's pretty succinct is't it - "game, set, and match" I'd say for us Victorians...........

casper

Bit dramatic isn't it?

 

[Redfin]

by the time we parted company she was looking forward to the next time that we should meet.

and???? 8)

 

[silver]

HaHaha,...no ,it was not a romantic encounter(hee hee hee).

by the time we parted company she was looking forward to the next time that we should meet.

and???? 8)

 

[Marked]

Thanks DWT - that's pretty succinct is't it - "game, set, and match" I'd say for us Victorians...........

casper

So ... (clearly?) ... We have the right to prospect on unreserved Crown land (i.e. unleased?) but cannot cross private property or leased Crown land to get to it.

Or is the "unreserved" referring to the excluded list (
... lands reserved for public use)??

 

[AtomRat]

I'll come and help you give them a poke in the eye..

 

[Tassie Daz]

Hi all, just reading thread and wondered if this doc I found will shed some light on the subject. Must say haven't read it my self yet so if its all pie in the sky just disregard it.

http://www.icsm.gov.au/cadastral/Fundamentals_of_Land_Ownership_Land_Boundaries_and_Surveying.pdf

 

[Twapster]

Hi all, just reading thread and wondered if this doc I found will shed some light on the subject. Must say haven't read it my self yet so if its all pie in the sky just disregard it.

http://www.icsm.gov.au/cadastral/Fundamentals_of_Land_Ownership_Land_Boundaries_and_Surveying.pdf

Someone else can decipher and let us know! lol

 

[user 4485]

The only light in that doc Tassie is a theodolite. :lol:

It's interesting to read different people's thoughts on this. Coming from the country I would respect their wishes & leave. Not saying that is what everyone should do & can see where some people think that you should get the "authorities" involved etc. I would just find somewhere else with less hassles.
One thing to keep in mind is going on the attack in some of these small community areas can be counter productive also. You upset one farmer in some of these spots then watch how many barriers & closed gates come up. Being tactful could see those barriers & gates open up? Sometimes people just don't want strangers hanging around their place - kinda sounds like anyones home.

 

[Simmo]

You back Matty!!

 

[DeckyDan]

I know that for fishing on a river or creek you are allowed to fish non crown land. So keep a copy of this with your kit,(and if they complain you aren't fishing pull out a hand line or rod )

NSW Fisheries Management Act 1994 No 38, Part 2, Division 5, Section 38
Right to fish in certain inland waters
(1) A person may take fish from waters in a river or creek that are not subject to tidal influence despite the fact that the bed of those waters is not Crown land if, for the purpose of taking those fish, the person is in a boat on those waters or is on the bed of the fiver or creek.
(2) The right conferred by this section is subject to the other provisions of this Act.
(3) In this section, bed of a river or creek includes any part of the bed of the river or creek which is alternatively covered and left bare with an increase or decrease in the supply of water (other than during floods).

Ha! And tell them the sluice is bait gathering! lol

 

[Mungoman]

Throughout NSW many properties are bound by waterways, tidal and non-tidal waters including oceans, rivers and lakes. The beds of most tidal waters (including oceans and rivers) and many of the beds of non-tidal waters (including rivers, streams and lakes) comprise Crown land and are managed by NSW Department of Primary Industries - Lands (the Department).

Where the bed of the water body is not Crown land or is vested in another authority, such as in the case of Sydney Harbour, then approval is required from the respective owner or authority.

In most cases the bed of the water body and the majority of its bank is governed by Crown Lands Acts or the equivalent in each state and territory. This makes it land owned by the government and therefore often accessible to the general public as long as they do not use private land to access the water.

In situations of very old freeholds, ownership/lease of land can extend to the centre of the waterway and landowners on either side may have jurisdiction over half the waterway each. On a limited number of waterways most notably in NSW, being on a river that passes through a farm could lead you to trespassing.

It would usually be interpreted that if a waterway can be entered through public access you can expect to be able to paddle the water and set foot on its immediate banks. If you wish to venture further up the banks you will require specific permission of the landowner or lessee.

 

[nucopia]

Thanks this has been a very informative thread.
horse did you ever go back and what transpired ?
Cheers

 

[Guest]

If it's state forest in Vic, it's fair game, unless otherwise stated. But the waterways can be crown land or private land. If it's not on the prohibited list, then you need to find out if it's privately owned. I think this applies to a fair few smaller creeks and courses.
That would be the process of elimination.

 

[Guest]

G'day all, this is the first time a subject has made me make the effort to post something. I agree with horse and our right to legally
pursue our hobby. Maybe our country/bush brothers that own land near waterways need to look back at all the times we city folks
have helped them out during times of hardship such as fires, floods and drought.
cheers
andy

It is the unpaid country volunteers who travel interstate to fight bushfires, while the MFS applicants wait in line for someone to die or retire to get their cushy, well paid job.