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Access along rivers

PostPosted: Mon 22 Dec, 2014 4:08 pm
by LAMEA-Gals
A friend and I were doing some liloing down the Colo River on the weekend. We had started in Wollemi National Park and eventually got out into farmland and private property. At one stage we got to a section with some fairly 'firm' signs nailed to trees on the riverbank saying it was private property, keep out, access forbidden etc etc. As we wanted to stop for a break we were debating whether we could stop or were trespassing. Our intention wasn't too stop for long nor go beyond the sandbar but we ended up pushing on...the local property owners sign and nearby barking dogs spooked us.

Does anyone know what rights we have on rivers in NSW that pass through private property?

Re: Access along rivers

PostPosted: Mon 22 Dec, 2014 4:25 pm
by tastrax
Its a frequently asked question that does not have a definitive answer unfortunately. The link below is from a couple of years ago but has some useful information.

https://www.prospectingaustralia.com.au ... hp?id=2585

This link will also tell you about the property titles

http://nswtitles.minerals.nsw.gov.au/nswtitles/

Re: Access along rivers

PostPosted: Mon 22 Dec, 2014 5:15 pm
by climberman
LAMEA-Gals wrote:A friend and I were doing some liloing down the Colo River on the weekend. We had started in Wollemi National Park and eventually got out into farmland and private property. At one stage we got to a section with some fairly 'firm' signs nailed to trees on the riverbank saying it was private property, keep out, access forbidden etc etc. As we wanted to stop for a break we were debating whether we could stop or were trespassing. Our intention wasn't too stop for long nor go beyond the sandbar but we ended up pushing on...the local property owners sign and nearby barking dogs spooked us.

Does anyone know what rights we have on rivers in NSW that pass through private property?


A licensed angler engaged in fishing can access the 'bed and bank' of a river in NSW. They can't access the river via private property without permission though.

The bed of rivers and the waters are owned by the State. The absurdly small number of exceptions to this do not bear considering, within NSW. Other States' experiences are different.

Re: Access along rivers

PostPosted: Mon 22 Dec, 2014 5:38 pm
by DaveNoble
climberman wrote: The absurdly small number of exceptions to this do not bear considering, within NSW. Other States' experiences are different.


I think however, that one of the exceptions is the Coxs River in Megalong Valley. I think the land titles are quite old and include the actual river. This is one place that is visited a lot by bushwalkers who don't want to stay on the Six Foot Track.

Dave

Re: Access along rivers

PostPosted: Mon 22 Dec, 2014 10:48 pm
by johnf
The lot boundaries as drawn on http://maps.six.nsw.gov.au/ seem to indicate that the Coxs river is not part of the title.

Re: Access along rivers

PostPosted: Tue 23 Dec, 2014 6:40 am
by climberman
DaveNoble wrote:
climberman wrote: The absurdly small number of exceptions to this do not bear considering, within NSW. Other States' experiences are different.


I think however, that one of the exceptions is the Coxs River in Megalong Valley. I think the land titles are quite old and include the actual river. This is one place that is visited a lot by bushwalkers who don't want to stay on the Six Foot Track.

Dave

Many landowners will tell you they own the river. Some even believe it.