What is the law regarding river and creek banks for camping?

View previous topic View next topic Go down

What is the law regarding river and creek banks for camping?

Post  aushunter on Thu Apr 08, 2010 6:07 pm

We went on a bit of a trip lately and got kick of the property,
We where camping on a river bank and the guy claimed it was his personel beach and told us to get off it.
I must admit we did enter his property via a road but I thought creek and river banks are crown land.
Maybe Im wrong.
The guy bought the property a while back, originally I had access to this property previously but had just changed hands

Brad...
One less golding place

aushunter
Contributor
Contributor

Number of posts: 54
Registration date: 2010-03-05

Back to top Go down

Re: What is the law regarding river and creek banks for camping?

Post  shandeemax on Thu Apr 08, 2010 6:34 pm

Hey Brad,
Mate, that's a real bummer, there are few enough golding places as it is My understanding is the same as yours in that no one can own a natural watercourse & that prospecting is ok along the banks?? I suppose access is another issue & landowner could deny access to get to the river.

shandeemax
Good Contributor
Good Contributor

Number of posts: 127
Registration date: 2008-10-24

Back to top Go down

Re: What is the law regarding river and creek banks for camping?

Post  sleepr on Thu Apr 08, 2010 7:14 pm

Not by boat....

sleepr
Contributor
Contributor

Number of posts: 39
Registration date: 2010-02-19

Back to top Go down

Re: What is the law regarding river and creek banks for camping?

Post  shandeemax on Thu Apr 08, 2010 7:17 pm

Good point Sleepr

shandeemax
Good Contributor
Good Contributor

Number of posts: 127
Registration date: 2008-10-24

Back to top Go down

Re: What is the law regarding river and creek banks for camping?

Post  swaggy53 on Thu Apr 08, 2010 8:51 pm

Far as I know you can fish, hunt or pan along the river unless they are in restricted catchment areas but I'm not sure if you can set up camp(legally).
Good Luck..... Swaggy

swaggy53
New Poster
New Poster

Number of posts: 17
Age: 60
Registration date: 2008-10-22

Back to top Go down

Re: What is the law regarding river and creek banks for camping?

Post  aushunter on Thu Apr 08, 2010 9:15 pm

The area is similar to that of HE, but now there are architect type homes being built around the place over looking the creek.
It is a remote area, shame the land is being taken taken up, I tried once to secure a block but the owners could not be contacted
when the land was up for sale.
I can still go down there but not on that part of Tooloom.
Brad...

aushunter
Contributor
Contributor

Number of posts: 54
Registration date: 2010-03-05

Back to top Go down

Re: What is the law regarding river and creek banks for camping?

Post  swaggy53 on Fri Apr 09, 2010 8:25 am

Brad,
Some of this might be of some use to you.
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.

In general the advice received from legal professionals within government departments was to check with the land titles office in your state or territory or the appropriate local council as to who owns the waterways you plan to paddle and if necessary contact the landowner/lessee for the appropriate permissions before setting out on the water.

Australian Canoeing will continue to investigate paddlers' rights and responsibilities Australia-wide with references to some of the more popular destinations. Keep an eye out at www.canoe.org.au for more information.

The acts noted below provide the basis for much of the information outlined in this article: Australian Capital Territory Lakes Act of 1976, New South Wales Crown Land Act 1989, Northern Territory Crown Lands Act, Queensland Land Act 1994, South Australia Harbours and Navigation Act 1993, Tasmania Crown Lands Act 1976, Western Australia Land Administration Act 1997, Victoria Land Act 1958.

Cheers...Chris.

swaggy53
New Poster
New Poster

Number of posts: 17
Age: 60
Registration date: 2008-10-22

Back to top Go down

Re: What is the law regarding river and creek banks for camping?

Post  swaggy53 on Fri Apr 09, 2010 8:54 am

Heres what the Victorian Land Act says.
Land Act 1958 - SECT 401A
Anyone may enter water frontage for recreation

401A. Anyone may enter water frontage for recreation





(1) Any person may, subject to and in accordance with any regulations made for
the purposes of this section, enter and remain for recreational purposes on a
water frontage in respect of which a licence has been granted under Division 8
of Part I or section 138, whether the licence was granted before or after the
commencement of the Land (Amendment) Act 1983, but no person shall camp
thereon.

(2) A licence for the occupation and use of a water frontage granted before
the commencement of the Land (Amendment) Act 1983 shall, from the commencement
of that Act, be subject to the condition that the licensee shall erect and
maintain a suitable means of pedestrian access through any fence on or around
the water frontage except any fence between the frontage and adjoining private
land and where there is any breach of this condition the licence may be
cancelled forthwith.

Cheers...Chris.

swaggy53
New Poster
New Poster

Number of posts: 17
Age: 60
Registration date: 2008-10-22

Back to top Go down

Re: What is the law regarding river and creek banks for camping?

Post  Guest on Fri Apr 09, 2010 9:10 am

This has been discussed in a previous thread.
http://golddetecting.4umer.net/general-discussion-f1/is-this-guy-for-real-t1528.htm
Seems like no real answer, but if asked to pee off properly a good move.
The place i go onto the bloke don't like people driving up and down the river bed as they always seem to end up on his side of the river and leave crap from breakfast to a hole, they also constantly trespass on his land.
I can fully understand why hes peed off, but unfortunately i suspect he cant do a great deal about the driving up/down the river bed as its is technically crown land.

Brad if you crossed private property to access river you need permission at the very least, or park on crown land and use them hiking boots.
But this is only for panning tried once to carry a river sluice and pump up (3 tier system and briggs and straton 5 hp pump)and once only near on killed me.
If your after scraps of flood gold there's plenty of places on the Turon, but anything else that requires vehicle transport and access to old diggings pretty good chance youl need permission if crossing private property.
But if your game you can wander on private property and try your luck but try and avoid the Lebanese land owners they own the land for shooting only and i mean shooting.
Regards
John
PS Brad PM me if you want some info on were i use to go its not a secret spot by any means, but its not a bad little spot.

Guest
Guest


Back to top Go down

View previous topic View next topic Back to top

- Similar topics

Permissions in this forum:
You cannot reply to topics in this forum