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Lake/pond Session - A Question Of Legality


stylo

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OK guys .. I went for a carping session at a local pond/lake and came across a person who told me that the pond/lake is 'private property'..

So here I am arguing with the idiot saying I have a fishing license, there is a no running, no diving (DOH!) BUT no 'NO FISHING' sign posted around the lake and he is not a fisheries officer so leave me the hell alone.

Can someone tell me if I am in the wrong or he is just being an idiot ?

Oh I caught this mother in a quick 45 minute session but it snapped off my hook before I landed her, though with the said idiot on my back, I was pondering whether to just cut my line and have a few words with him.

Actual fishing report - 45-50 cm and pulled quite hard. fight lasted 2-5 minutes on 4lb. I was being pretty gentle on the fish.

Is this a carp, or being a 'private lake' is this some other type of fish that I should release back into the water ?

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Edited by stylo
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unlucky on the landing of the fish

simple if the sign does say no fishing well thats the rules

but as you say it does NOT say no fishing so your okay i believe

unless there are council laws

Edited by johnno
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hahah nice work stylo

i used to go fishing at canterbury for fun to fight breams etc and it didnt have any no fishing signs but some guy came out n said it was private property but i never believed him until the cops came :1badmood: because it was his backyard? :mad3:

but keep it up :thumbup: but of been nice fighting that fish on 4lb

cheers

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OK guys .. I went for a carping session at a local pond/lake and came across a person who told me that the pond/lake is 'private property'..

Was it on private property? I thought that if it was on private property (as in fully enclosed by 1 person's property on all sides), then it was considered private (Though I believe no river/lake/Ocean in Australia can be considered private).

I don't know for sure....but I would have thought this covered things like private dams on properties, private water holes, and even the gold fish pond you dug in your back yard....

Mike

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Wah !! This is MY new spot EX then penguin !!!

It is definitely not any one persons lake as it is not surrounded by houses, but then again, it is not Parra River either ...

It is a man-made lake, like most but I guess the question is whether it belongs to the local council or not ? Maybe give council a call...

Any more thoughts ?

(Used bread and corn as bait)

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Was it on private property? I thought that if it was on private property (as in fully enclosed by 1 person's property on all sides), then it was considered private (Though I believe no river/lake/Ocean in Australia can be considered private).

I don't know for sure....but I would have thought this covered things like private dams on properties, private water holes, and even the gold fish pond you dug in your back yard....

Mike

not sure about this dam, but i know for sure that in a tidal estuary like sydney harbour if you are under the high tide mark, that is foreshore and hence public land..... we used to spin a bay nears watsons and i called the cops after we got hassled by rent a cops... The police informed the resident wankers... the foreshore is public land!!!

carp should not even be stocked into council dams

looks like birrong to me

we used to get the same kind of complaints there...

never stopped us though

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not sure about this dam, but i know for sure that in a tidal estuary like sydney harbour if you are under the high tide mark, that is foreshore and hence public land..... we used to spin a bay nears watsons and i called the cops after we got hassled by rent a cops... The police informed the resident wankers... the foreshore is public land!!!

carp should not even be stocked into council dams

looks like birrong to me

we used to get the same kind of complaints there...

never stopped us though

Yeah - that basically my understanding too. All running water, tidal rivers, etc etc, are public property up to the foreshore.

Mike

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I think that barn , tractor and cattle barbed wire fence you climbedwere a dead giveaway that it was private property but you could be right??? just joking!!!

There is some private lakes on some of the newer estates that collect run off and they may have private rules as they are a communal resource. A lot also have rule in the original development approvals that make all the footpaths ,parksand roads on their estate full public access. This even goes for some of the Fenced or gated style estates even with security watchhouse. 90% of residents and half the people on the board of these places conveniently forget or have never had the facts explained to them about this public access rights and the security gateman is just a observer with no more authority than any other member of the public. I wouldn't push the point unless you know exactly what the story is. Phone up and ask the local council. If you aren't sure knock on a door of a neighbouring property and ask as they will probably know and even if it is private they will probably "since you are a nice person and asked" allow you to have a fish if you are courteous and do no harm.

Most councils have maps on the internet of the title nad zoneing of every parcel of land and this includes zoneing for parks and public use and recreation. A lot are PDF so you can zoom right in and coloured so it is quick to look up. Have a look or ask on the phone where to find it on their website or send them an email so you have it in writing. They should be pretty helpful

However I would be surprised in these days of litigation that these ponds wouldn't be fenced in some manner to prevent drowning so they could be insured. About the only places you can get away is on government owned land and natural watercourses which of course belong to the whole community.

It may be private so never get in a heated discussion or agro with someone who does the old "this is private" or no access just simply ask if they are the owner. If they aren't ask them as to what authority they are acting on. Ask them to show you a plan or title if they persist and show you the boundary you have supposably crossed.

Only when you are sure of your sitiation should you ever consider involving authorities like the police or council rangers to deal with a total idiot and then always have a responsible witness as people will lie like you wouldn't believe. It's not worth being charged with trespass.

let us know how you go

pel

Edited by pelican
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It may be private so never get in a heated discussion or agro with someone who does the old "this is private" or no access just simply ask if they are the owner. If they aren't ask them as to what authority they are acting on. Ask them to show you a plan or title if they persist and show you the boundary you have supposably crossed.

That was exactly my thoughts and my exact reaction. I will ask council or even the park / development management (?) to see where the fishos stand.

I can understand that he may not want 100 guys fishing in and around the pond, but if I have a right to be there then he should not be harassing me.

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