Can I poach your dams Gav
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| Access to waterways on private land http://byap.backyardmagazines.com/forum/viewtopic.php?f=5&t=14851 |
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| Author: | orpmoc [ Jan 8th, '13, 23:19 ] |
| Post subject: | Access to waterways on private land |
Marron season started today, caught three, and I was google earthing prospective new spots. Does anyone know, and ideally point me to and act/legislation, what the legallities are when accessing waterways that are on private land in Western Australia. I have done a heap of searching but have not come up with anything definitive. There is a general consensus and I am pretty sure its accurate, that you cannot gain acces to the waterway without permission if it involves crossing private land. Access has to be from a public road, public land, upstream of a river from the ocean etc The next part is the one I am not sure about. The definition of where Stateland/Crownland begins and ends varies. They all use the the high waterline in spring as a reference point but vary the boundary from the high waterline to +7m, +20m, +22ft etc. From what I have read I tend to steer towards the 7m and 22ft as they are mentioned in multiple different snippets , are also essentially the same, giving them my vote by majority. However, if I am confronted by some angry farmer I would rather be informed as to what my rights are exaclty. Anyone know and can point me where to look. |
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| Author: | orcy2010 [ Jan 9th, '13, 06:21 ] |
| Post subject: | Re: Access to waterways on private land |
why dont you just ask all the farmers along the piece of river/creek you want access to? its always better to have permission than get in a fight in the back of a paddock where no-one can hear you scream. |
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| Author: | earthbound [ Jan 9th, '13, 10:23 ] |
| Post subject: | Re: Access to waterways on private land |
I'd be looking for possible places on state or federal land if at all possible. We found a lake down south that was out of the way and unplundered. Had many years of marroning in there catching jumbos because we kept it very quiet.. |
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| Author: | Charlie [ Jan 9th, '13, 11:09 ] |
| Post subject: | Re: Access to waterways on private land |
Around here its as simple as asking the station owner for permission. Considering that most of the land surrounding kalgoorlie is Woolibar station it narrows it down to 2 blokes I have to speak to. There is a few idiots around here that shoot their cattle and cut down fences and if they ever caught them Id hate to see what they'd do. So its in my own best interest to be respectful and ask for permission. I know someone who might know about your area Orpmoc, Ill ask tonight and get back to you. |
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| Author: | RupertofOZ [ Jan 9th, '13, 12:59 ] |
| Post subject: | Re: Access to waterways on private land |
Yep, ask permission... and the old rule that applied (in NZ anyway)... was leave the gates as you find them... If they're open, leave them open.. if they were shut... close them behind you... |
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| Author: | Troutman [ Jan 9th, '13, 13:20 ] |
| Post subject: | Re: Access to waterways on private land |
There is no common answer to your questions as the extent of the property boundaries will vary. Land that was granted back in the early days the title usually extends down to the middle of the river and in some cases includes the river so technically speaking if you walk along the river bank you are trespassing. Where land has been subdivided from the original Crown Grant the area along the river will usually be Crown Land allowing public access. Your best bet is to contact Landgate and ask for a copy of Smart Plan for the area you require. This will show you what land is freehold and what is held by the Crown. |
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| Author: | Charlie [ Jan 9th, '13, 13:43 ] |
| Post subject: | Re: Access to waterways on private land |
Can I poach your dams Gav
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| Author: | Stuart Chignell [ Jan 11th, '13, 04:50 ] |
| Post subject: | Re: Access to waterways on private land |
In Victoria even if the title extend to the river or even both sides of a river or creek there is still a right for the public to access the water way. Around here a lot of farmers have dams on the creeks which means that you don't need permission to fish in their dams. You would need permission to cross their land to get to the dam or creek but not if you were travelling upstream or down. |
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