river camping

Which state are you in - and do you include state forrest / national parks land.

In Vic for instance new rules have been introduced and you can't have fire within 50m of river - and think toilet 200m.

I did reference the documents (for Vic) on this site over a year ago but can't remember exact details - I think just camping had its own distance also.

This was covered in a very good thread in 2007. See in this thread here

In short there is no set answer - and it is state based so varies across the country. In NSW it mainly depends on what title the land is held under. In NSW if it is old title, as many of the old properties along the Murrumbidgee River near where I live are, the title (ownership) runs to the middle of the river. Where there have been "recent" subdivisions the land will be held under Torrens Title which uses the high water mark as the boundary.

There have certainly been instances locally and within the last few years of canoeists being seen off a stretch of "old title" river at the point of a shotgun. If you dont know what the land title is and you dont want this to happen to you, either ask permission or don't trespass.

Cheers,

Val

G`day Allen,

Firstly a comment regarding Val`s reply about having a shotgun pointed at you. If I was on a waterway in NSW and this was to happen to me.
My suggestion to the property owner would be along the lines of " unless you intend to use that gun put it away, if you do not put it away you will not own it or any other firearm for very long, as I am now going to ring the police and have you charged with assault with a weapon"
I will bet you he will then put it away, and depending upon his further attitude I may still notify the police.

The availability of access to waterways is becoming increasingly difficult,(due to various reasons but that`s another subject), so it is important for fishermen in particular, to know their rights regarding legal access.
I have a neighbour who was ordered off a NSW stream while in his boat by a property owner brandishing a riffle.
Being a keen fisherman who likes to get to some of the quieter places, I was prompted to do some research on the subject and I found the following.


** Access rights and privileges in NSW
Fishing access to the sea, rivers and creeks
At common law, the public has a right to fish in the sea, the arms of the sea and in the tidal reaches of all rivers and estuaries.

The public has no common law right to fish in non-tidal waters—the right to fish in those waters belongs to the owner of the soil under those waters. The public may also fish in non-tidal waters if the soil under those waters is Crown land. However in order to allow for angling access in NSW rivers and creeks, section 38 of the NSW Fisheries Management Act 1994 declares that the public has a right to fish despite the private ownership of the bed of the river or creek.

The 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 river 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).

This legislation ranks above anything you may have heard about ‘old title’ and ‘Queen’s chain’ access.

Under this legislation you can legally access streams by entering from public land such as road crossings and some types of reserves.

Access across private land
There is no automatic legal access across private land in NSW to reach angling locations. You cannot walk across a paddock or yard to reach the river without permission of the land owner.

Access laws vary from state to state. The advice above applies to NSW. Other parts of Australia have different property laws. For information contact your state’s fisheries department. **

Another issue with legal access to waterways is the use of Stock Route Reserves (STR`s).
Many of the old stock Routes follow roads that follow rivers or creeks and at intervals along the road there are Reserves which front onto the waterway where the drover would stay overnight with the stock.
Many of these Reserves are difficult to find because they are now fenced and used by the adjoining property owner, who more often than not refuses access to the waterway via the reserve, which is crown land.
Well the same "The NSW Fisheries Management Act 1994 No 38
Part 2, Division 5, Section 38" applies in this situation as well.

I am no lawyer however until I am shown information saying otherwise this is the bit of paper I will be using to back my argument for accessing waterways in NSW.

Sorry about the long reply,

Regards,

Scrubby.

In Victoria you cannot camp in a stream side reserve; you can fish if you have a licence and no landowner can kick you off as they do not own the river frontage. All streams and rivers in Victoria are public rights of way. You are supposed to camp in reserves that are usually dotted along the rivers. You can always try and ask the landowner first and ensure that you leave no rubbish or any sign that you were ever there, this means that you will be welcome back. Our farm had a section of frontage onto the Goulburn River in Northeast Victoria and it was very annoying to see the amount of rubbish left behind by fishermen.

On this topic it also illegal to camp on the roadside in Victoria although it happens all the time. There are designated reserves and sports grounds all over Victoria where you can legally camp. This differs in NSW and QLD where you can camp on roadsides.

PS The law of trespass does not exist in Victoria, the sign "Trespassers Prosecuted" means nothing. You can walk where you like but if you are asked to leave, best to do so.