Fishing Creeks That Run Through Private Property

[Nolongeramember]

I want to fish some creeks located in Sydney in a semi rural area that have private property on both sides. Do the land owners, own the creek or am I allowed along the creek if I access it walking from the main road?

 

[savit]

This might help:

https://sites.google.com/site/nswangleraccess/access-rights-and-privileges

 

[Nolongeramember]

52 minutes ago, savit said:

This might help:

https://sites.google.com/site/nswangleraccess/access-rights-and-privileges

 

Thanks for the information and it’s not your fault but that is confusing. First it says the owner of the property (soil) has the say in the right to fish on the area, then under section 38, the public has a right to fish these areas. 

[Berleyguts]

You must be on or in the river/river bed.

[savit]

1 hour ago, Hateanchors said:

Thanks for the information and it’s not your fault but that is confusing. First it says the owner of the property (soil) has the say in the right to fish on the area, then under section 38, the public has a right to fish these areas. 

Mate, I think your situation should a bit simpler  as high chance Sydney creeks might belong so tidal areas. Just check with local tidal boundaries map. 

 

[dirvin21]

it's a little confusing, you can walk along the riverbed of a waterway as long as you've accessed said waterway from a public access point, I have had this discussion with landowners from my kayak and not all of them are keen on the finer points of commonwealth legislation but 90% just say hello and ask how the fishing's going, on the flip side some farmers around my region have copped some very poor behavior from fishos and are very testy with potential trespassers 

 one thing I recommend is NEVER take the tempting shortcut across the paddock  

 

 

[big Neil]

5 hours ago, Hateanchors said:

Thanks for the information and it’s not your fault but that is confusing. First it says the owner of the property (soil) has the say in the right to fish on the area, then under section 38, the public has a right to fish these areas. 

I think the INTENT of the legislation is that you may gain access from a public area and fish from within the edges of the water but have no right to fish from the land into the water, without permission from the owner of the land. EXAMPLE. Access your kayak in a public area and stay within the bounds of the water's edge. The landowner does not own the waterway, although they may own equipment which is in the waterway (pontoons, pipelines, submersible pumps, etc). Being courteous to anybody who challenges you is always a good option too. bn