I own the waterway...Leave now.

[Horse]

Last Friday , the missus and I ventured out to a creek not too far away to try our luck with the sluice after suprisingly finding 3 flakes in a few pans a couple of weeks ago.

An hour passed and down the track to the creek bed next to a bridge comes Mr and Mrs TreeChange. Dressed to the nines and stiff English accents.
Asked first off what we were doing and then demanding we leave.
Telling us that they owned to the middle of the creek.
A heated discussion followed that cooled of quickly except for Mrs TreeChange still demanding we leave.
I told them they were incorrect, but I will leave and recheck my facts...which I know are already correct.

I have printouts from the Spatial Information Exchange NSW showing property location, clearly defining the boundaries of their Deposited Plan (DP)
I know for a fact it is crown land.

I informed them.
" Ok I will leave, recheck facts...I will return to you with facts and prove my case."
I then told them "If you continue to be nasty I could post online that this is a fantastic fossicking spot ( not true...but anyway) and within the next month they would have an influx of people venturing to the areas just outside the boundaries of the property"

At this point I bid them farewell as Mrs Treechange turned a lighter shade of pale, telling them I will pack up and leave with no further delay.
I am going back one day this week with map printouts in hand from local Council and Spatial Information Exchange NSW.
If they want to call the police....I hope they do....as I hate being harassed while performing a lawful activity.

 

[HeadsUp]

Ask police if they have broken the law by forcing you to leave / intimidating you when you were engaged in lawful conduct

We all need to know the law and our rights to protect our own azzzzz these days

 

[Tathradj]

Coming from a Great Britain location they probably "Think" they have the "rights" to Their creek.
A bit of an "edaumucation" Aussie style generally sorts this out.
Tell them that the crown land belongs to the Queen.

 

[Hiluxlou]

No disrespect Horse , but if I was asked to leave someone's property I would just go . You may be well within your rights to stay but after all it's their home , this is only my opinion right or wrong. The way I see it there's thousands of places to fossick that's not on someone's property.
Cheers Luke

 

[noncents]

I know that for fishing on a river or creek you are allowed to fish non crown land. So keep a copy of this with your kit,(and if they complain you aren't fishing pull out a hand line or rod )

NSW Fisheries Management Act 1994 No 38, Part 2, Division 5, Section 38
Right to fish in certain inland waters
(1) A person may take fish from waters in a river or creek that are not subject to tidal influence despite the fact that the bed of those waters is not Crown land if, for the purpose of taking those fish, the person is in a boat on those waters or is on the bed of the fiver or creek.
(2) The right conferred by this section is subject to the other provisions of this Act.
(3) In this section, bed of a river or creek includes any part of the bed of the river or creek which is alternatively covered and left bare with an increase or decrease in the supply of water (other than during floods).

 

[Goldtarget]

I can see it from both sides. Fisherman constantly traverse the old man's creek that runs through his house lot and right beside his shed. Most of the time he would just prefer a knock on the door. The day one bloke threatened my old man he grabbed the chainsaw. Not many people argue with a chainsaw. The majority have been pretty good though, but the neighbor put a fenceline up. His justification was he doesn't have a BBQ outside these people's houses on the nature strip. I think that's a fair point.

It really only affects you when it's happening to you. And I get what your saying. Hopefully this resolves itself without too many more ruffled feathers. Good luck.

 

[Horse]

No disrespect Horse , but if I was asked to leave someone's property I would just go . You may be well within your rights to stay but after all it's their home , this is only my opinion right or wrong. The way I see it there's thousands of places to fossick that's not on someone's property.
Cheers Luke

No disrepect taken.

However...I was not on their land...I was a good 30 metres outside the boundary of their property in a crown land creek.
I will be returning with maps printed to show them that they DO NOT own the creek.
I make great efforts to make sure I do not encroach on folks property.
I study all kinds of maps before I venture out.

Just pisses me off total when people say they own what they do not.
They were breaking the law...not me

edit : at no time did I step one foot on any part of their land
2nd edit: Where we were fossicking was at a good 800m to 1km away from the house on the property....so not like I set up outside their fence next to a house..

 

[thedigger]

We recently had Doug Stone at a PMAV meeting,and he was in the process of mapping NSW goldfields.
He had visit from a so called farmer,and said he owned the land and Doug showed him he did not,and things went quite.
Doug said there is a lot of land in NSW available to prospect on that looks like private property.
He is now producing these maps,so where you can go.

Stick to you guns horse and tell him to get "Stuffed"

Regards Frank

 

[pjg100]

We recently had Doug Stone at a PMAV meeting,and he was in the process of mapping NSW goldfields.
He had visit from a so called farmer,and said he owned the land and Doug showed him he did not,and things went quite.
Doug said there is a lot of land in NSW available to prospect on that looks like private property.
He is now producing these maps,so where you can go.

Stick to you guns horse and tell him to get "Stuffed"

Regards Frank

Horse,
Agree stick to your guns, but as for telling him to get stuffed, I would not go down that path. Enlighten him and this may lead to a friendship that may allow access to further areas not available to you at the moment.

Peter.

 

[Horse]

Today I rang
Local Council ( Greater Taree City Council)
Hunter Local Land Services
Department of Primary Industry. Crown Lands Department.

Council and HLLS both said I believe you are correct.
DPI Crown lands department actually looked up the location ( I supplied DP and Lot numbers) numbers.

The response was
The bed and the banks of the particular waterway belong to the Crown.
As long as I comply with fossicking laws and regulations, I am lawfully entitled to fossick in that location.

Crown Land Belongs to the people. As long as it is not currently leased, and you gain permission from the Trusteee or Local managment (If applicable). The ground is fair game.

Just because someone owns land NEXT to a waterway...it does not mean they can lay claim to it because of a close proximity of their land.

So ....Hiluxlou...stop saying I have been digging up someones creek...READ THE FACTS.

 

[G0lddigg@]

we have a bloke out in creswick who does the same thing... he thinks he owns slaty creek where it runs through his property he claims to even have cameras on his lot..... after arguing for 15 min or so i realised hes been doing this for years no point arguing... he continued to tell me that the council wont put a sign up because because because.... and to be honest if hes that worried about it i'll pan around the corner which is def not anywhere near his property.

 

[LC76]

I always assumed that no one owns any waterways in Australia except for dams on private property.
Always thought the Gov owned all creeks rivers ect or at least a certain distance from the center out.

 

[dwt]

Just to throw a spanner in the works, let's look at it from the property owners point of view, close friends of mine and mrs dwt have this very problem weekly, not prospectors but fisherman, 1 out of 10 would knock on the door and ask the owner if they cruise the creek for fishing, the other 9 jump fences, cut them, or leave gates open to access the state government controlled creek, not to mention the rubbish, and obscure places they decide to take a no 1 or 2, add all of this up and you can see how creek surrounding property owners get disgruntled at prospectors and or fisherman, now I'm not saying that anyone on this forum has done this but you can see how some property owners will drum up "this creeks mine" to keep the unsavoury's out. Yes it's a damned shame but once again a small few ruin it for the majority, hope it works out for you Horse, just as much as you have the right to enter the creek and fossick, the surrounding land owner, (like my mate with some arrogant fisherman) has the right to be doing activities in the the exact same area, like throwing rocks in the general area of the fishing line.
Cool calm collected, and you'll be back digging in no time,
and maybe also some room temperature black ale

 

[Hunting the yellow]

hum interesting in vic unless its changed if a creek is named and runs through private property legally you can walk 1 meter either side of a named creek and right in the middle of the creek as well with or without permission from the land owner but im not shore about creek leases but

 

[thedigger]

I believe it is 1 chain from the high water mark,that belongs to the crown.
A friend of mine was detecting on the road just out Broomfield,and the land owner called the police to stop them detecting on the road reserve,so they will try anything some jerks.

Regards Frank

 

[G0lddigg@]

i'd love to see some literature about the issue as everyone seems to have an idea but very few can point to fact.

 

[thedigger]

Hi Golddig
I have seen it on old maps.
This might help,note the section how a gate or some sort thing allow people to move through.
http://www.depi.vic.gov.au/__data/a...wn-land-water-frontage-licence-fact-sheet.pdf

Regards Frank

 

[G0lddigg@]

thanks digger. here's the example where i was talking about above.

note the creek runs through crown land into his property which is a gully by the way then back into crown land. The owner is a very well known prospector who's very active in the community

I'd love to be able to hand him a document that said " As a landowner in victoria you do not have exclusive access to any creek or major waterway which crosses any part of your property" that would be clear and concise for me.

 

[thedigger]

Hi Golddigg
The one to get in contact with would be Doug Stone,ask him where to chase up that imfo,I am sure he could direct you straight to the right box.

Regards for now
Frank

 

[Guest]

Canoeists have the same issues. "Can I paddle my canoe through private property and stop for lunch on the banks"? Who owns the waterway?

I looked on the net when I first started but could not get a definitive answer.

It would no make sense that you own a part of a creek or river. But gaining access via trespassing should be a no go.

I hope we can get an answer.

Regards