Trout fishing and private property

[Hawker]

Hi Guys

Ok went on a trip to the New England district not too long ago and was frustrated by the amount of fences around and private property bordering prime trout fishing water.

I also had similar experiences in the Blue Mountains area.

So the question is how does one go about trout fishing in NSW when most of the land bordering the streams are private property?

Cheers
H

[mattooty]

Drive around to the nearest driveway and ask for permission. Most cockies have no problem letting you on for a fish if you're respectful and straight up. Tell them you fished up to their boundary and were hoping that you could continue on. If they say no respect their wishes and move on. They might have had a bad day, no time or had bad run ins with knobs previously.
What area were you in? Ebor? Armidale?

[tunaticer]

One thing cockies really hate is trespassers, they could be there for any number of illegal reasons.
Most cockies don't mind a guy knocking on the door and asking permission to fish their bit of water, at least they know exactly why they are on their property.
Sadly the cockies do suffer losses at times, sometimes in a big way either through ignorance or pure theft or malicious damages. Duffing seems to be on much bigger scales these days when it does occur than a few decades ago. It is no wonder sometimes they say no or chase you off their property with a shotgun in hand if you are caught trespassing.

[Hawker]

Thanks for the tips guys , now I just got to make sure I dont get shot with a rifle ;D

I was in the Ebor area not too far from the falls.

A beautiful part of the world!

regards
H

[spelchek]

Correct me if I'm wrong but -technically- aren't all waterways and banks of waterways free-access in Aus? Not that I'm arguing NOT to inform land-owner, just asking the question.

[aussiebasser]

Correct me if I'm wrong but -technically- aren't all waterways and banks of waterways free-access in Aus? Not that I'm arguing NOT to inform land-owner, just asking the question.

Sadly, you're incorrect in your assumption.

[spelchek]

Sorry for the delay in reply - been busy and quite honestly forgot about this thread.

What part of my assumption am I incorrect about, aussiebasser? A very quick google gives me this from the Australian Canal Society (http://www.auscanal.org.au/BoatingInAustralia.php):

There are numerous rivers and lakes in Australia that can provide the visitor with varied and rewarding holiday experiences in various price ranges. Access along Australian rivers and on lakes is virtually unrestricted except for the obvious places such as near military/naval installations, and storage dams for clean water.
Generally, if you leave the water to enter land that is not publicly accessible nor is Crown land, you will have to seek permission of the land owner particularly if you wish to camp or bury rubbish. You should not have any problems if you respect the needs of farmers and other landowners, leave the environment as you find it and are courteous to people with reason to enquire about your actions.
So is this incorrect? I see I was wrong about the banks of waterways - but canoeing, boating etc ...? Remember - I'm not debating what is the right thing to do - just interested about the technicality.

[MudRiverDan]

I was at Whalca a few years ago and there is a list of landholders on the McDonald river and probably other rivers around Weabonga and Niangla that allow rec fishers.
Pretty much have do call em up, though if they are not on the list you gotta drive up and have a chat, don't go on Sunday morning because they will be at church.

Dan

[MudRiverDan]

One thing cockies really hate is trespassers, they could be there for any number of illegal reasons.
Most cockies don't mind a guy knocking on the door and asking permission to fish their bit of water, at least they know exactly why they are on their property.
Sadly the cockies do suffer losses at times, sometimes in a big way either through ignorance or pure theft or malicious damages. Duffing seems to be on much bigger scales these days when it does occur than a few decades ago. It is no wonder sometimes they say no or chase you off their property with a shotgun in hand if you are caught trespassing.
Yeah people don't like trespassers in the country, reason being for most of it is the stuff that gets pinched from the land and the shed, anything from fencing wire to fuel to the tractor or quadrunner.
Then there is litter and gates been left open, horses spooked by dogs, cowboy shooters etc etc
oh yeah and of late and for some time there is still such a thing as cattle rustlers :o , yep, it's common these days, so a landholder kinda has to watch out all the time.

Best to make yourself known, and also so they can let you know if they got gates, crops, stock or anything else going on.

Dan

[four_button_arnie]

I used to fish alot around Lithgow and Bathurst and fences where always a drama (fences limiting bank access as you walk the river - simply get your fet wet and cross on the river side), as long as you can gain access to the river via public access (bridge/camping area etc) you can walk the river for as long as you want! Worst case scenario some farmer cracks the shits at you being on the bank, simply step into the river, waterways can not be owned only the land surrounding them. In saying that I have asked permission before where access has being an issue, Ive never once being knocked back. I dout you would have an issue, most people would not know your even there!

The public has no common law right to fish in non-tidal waters—the right to fish in those waters belongs to the owner of the soil under those waters. The public may also fish in non-tidal waters if the soil under those waters is Crown land. However in order to allow for angling access in NSW rivers and creeks, section 38 of the NSW Fisheries Management Act 1994 declares that the public has a right to fish despite the private ownership of the bed of the river or creek.

The 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 river 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).

This legislation ranks above anything you may have heard about ‘old title’ and ‘Queen’s chain’ access.

Under this legislation you can legally access streams by entering from public land such as road crossings and some types of reserves.


Josh