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Gold Prospecting
Prospecting Rules & Regulations
Accesssing creeks on private property
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<blockquote data-quote="mudgee hunter" data-source="post: 536926" data-attributes="member: 9124"><p>Here we go again! Ha. </p><p>NSW rivers you are generally ok to navigate (boat, canoe etc) through them, as long as enter the water way via public property, or consent of the land owner. </p><p>Even if the river is a stone's throw from the road, and there is a fence...... You can't jump it.</p><p> Creeks are creeks.... next thing to a gully.</p><p>Even if they have a name or not. </p><p>If they go through a private property.... it's exactly that. </p><p>The property owner dose not "own" the water. But he owns the creek bed. He is also bound to follow rules of water acts. </p><p>He can't make a weir or dams unless permitted.</p><p>If you where to lawfully launch your boat and head upstream and find a gravel bar in the river bed exposed. </p><p>And farmer Brown owns both sides say..</p><p>I'm sure you would be fine having a fossik their. </p><p>But I would stay off the bank where normally dry. </p><p>I have only ever a couple of properties dived as a boundary of a creek. A fence on either side. </p><p>Very rare. </p><p>Farmer Brown might fence along the rivers edge above normal flood level, but chances are it is only a perimeter of a paddock, NOT his true boundary. </p><p>Some private property is not fenced "un-fenced" / open, off the side of the road, generally you can't get hit straight off the bat for trespassing, unless clearly sign posted. </p><p>Decline to leave asap, your now trespassing.</p><p>" Enclosed land", jump that fence, your toast without a word being exchanged.</p></blockquote><p></p>
[QUOTE="mudgee hunter, post: 536926, member: 9124"] Here we go again! Ha. NSW rivers you are generally ok to navigate (boat, canoe etc) through them, as long as enter the water way via public property, or consent of the land owner. Even if the river is a stone's throw from the road, and there is a fence...... You can't jump it. Creeks are creeks.... next thing to a gully. Even if they have a name or not. If they go through a private property.... it's exactly that. The property owner dose not "own" the water. But he owns the creek bed. He is also bound to follow rules of water acts. He can't make a weir or dams unless permitted. If you where to lawfully launch your boat and head upstream and find a gravel bar in the river bed exposed. And farmer Brown owns both sides say.. I'm sure you would be fine having a fossik their. But I would stay off the bank where normally dry. I have only ever a couple of properties dived as a boundary of a creek. A fence on either side. Very rare. Farmer Brown might fence along the rivers edge above normal flood level, but chances are it is only a perimeter of a paddock, NOT his true boundary. Some private property is not fenced "un-fenced" / open, off the side of the road, generally you can't get hit straight off the bat for trespassing, unless clearly sign posted. Decline to leave asap, your now trespassing. " Enclosed land", jump that fence, your toast without a word being exchanged. [/QUOTE]
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Gold Prospecting
Prospecting Rules & Regulations
Accesssing creeks on private property
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