Rights of the angler.

[MOSSY]

Hi, Can anyone help me with some information regarding property rights on waterfront land in NSW? Background... Recently, while staying at Hastings Point, I rowed (yes, rowed) up the creek to the deep hole (man made). Whilst relaxing in the solitude, I was accosted by an ex-military type twit who told me the area was off limits. I told him that I had no intention of setting foot on the shore and he couldn't place tidal waters off-limits. He refused to tell me the property owners name etc. Yesterday, a local resident phoned me to get some info about it. I would like to research the rights of the residents to access the creek as they have done for years prior to this turkey's (probably legal) intervention, and also his right to restrict anglers access to tidal waters. I have been told that he has now put barbed wire in the water, though I can't confirm that yet.Sorry about the length of this, but any info would be welcome.
Regards, Mossy

[skales]

Mate i was asked to move away from pontoons in the coomera river near century cove by a security guard .I questioned why with QLD fishery dept and was told i was quite within my rights to be there as long as i didn't go on the pontoons or onshore.Centry Cove is a private man made harbour and they have the rights as to who enters.I sugest you make contact with NSW fishery Dept in phone book ,ask and give details to them the position in question . I find it hard to see if the person in question would have the rights to it . I am to the beleaving he may only own and have rights to land above high water mark . Anyway give a call and find out for sure .

[Rumpig]

Same thing happened to me skales in Sydney harbour I was crusining round under a wharf in a kayak at a very good bream spot and was abused by the owner of the wharf, when I told him that he didn't own the water, he got very abusive. I have been thrown off this particular mariner in the past for fishing off it but this time I was not in contact with it.

Mick

[Brian]

Skales,

I to have had a run in with the security at coomera and santuary cove. This fella had a bad attitude and just told us this is private waters and we are not permitted on it.

I was not aware of this at the time as i always figured as long as you don't get on someones property unless asked you were within the law.

Will have to go back again and wind that ####### up Zig Zag the imaginary line of the border trolling .

[Fitzy]

Same deal. I got the flick out of Fishermans Wharf(what ever it is called these day), Gold Coast. Than another day I went in & had a crowd at the waterside resuarant watching as I was catching bream on fly. They were ordering slices of bread to feed to the fish there. Not a thing said this time round.

Very grey area indeed.

All day, all day!

[Heath]

I am under the impression that the land owner of water front land, does have some claim to the water in front or rear of his property. My brother inlaws old man lives on a canal, I will ask him, next time I see him. But here is a thought, the land owner must have some claim, because they are able to install a jetty, which protrudes into the water. I can't see any council simply giving this away, there for the land owner must have some sort of claim for a set distance into the water.

[Fitzy]

Heath I think these need to be applied for to council &/or Transport Dept. I know that one on a local river near my place was taken out by a boat at night & the owner got his butt sued because it wasn't permitted.
I know if I hit one at night, I'd be pretty peed off too. When the plotter tells you there;s water there & all of a sudden your smashed up on concrete pylons. Waterways are the same as roads, you can't just go closing half of it off just casue you live next to it.

Thant's my oppinion anyways. probanly wrong too.

fitz

[Heath]

Ok, I just got off the phone, with the Goldcoast City Council. The land owners boundary ends at their retaining wall on the land. The water is owned by the Commonwealth. In order for a landowner to put a jetty in, they need to get permission off the commonwealth to do it. The GCCC did say, in some isolated circumstances mistakes were made in the marking of boundaries & some land owners boudaries protrude into the water, but in 99% of the case, the boundaries end at the retaining wall.

So there ya' go, a land owner has no claim what so ever on the water outside their property..... never the less, some will always think that they do

[Fitzy]

Onya Heath,
Good info to know.

fitz

[MOSSY]

Thanks all for those comments. I'll check with NSW and see if there's any difference, as this guy is supposed to have put barbed wire in the water. If that's the case, I want his butt in a sling.
Regards, Mossy