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Author Topic: QLD river access laws  (Read 7190 times)

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QLD river access laws
« on: August 15, 2015, 09:24:17 PM »
Hi,
I'm interested to know if anyone can advise what the current QLD law is on river access.
Are we legally allowed to get in a boat at a public ramp or access point and then go down a river like the Condamine which may pass thru multiple properties?
I don't mean getting out of the boat and walking on the bank, I mean nothing more than floating a boat or canoe thru some ones property trolling a lure or tieing up to a snag in the river or creek.
Thx
Rod



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Re: QLD river access laws
« Reply #1 on: August 15, 2015, 10:34:53 PM »
As long as you don't get out, or the boat doesn't touch the bottom of the river you should be OK.  Landowners may not agree with you though.

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Re: QLD river access laws
« Reply #2 on: August 16, 2015, 08:07:00 AM »
Yes you can. If anyone tries to intimidate you off the crown water, call 000 & ask for police  C:-) .

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Re: QLD river access laws
« Reply #3 on: November 08, 2015, 08:29:41 AM »
It is a touchy subject, as a lot of the creeks and rivers I fish in a kayak require some portaging between pools, and therefore have to get out and walk. From what I have heard, and this is anecdotal, but apparently land owners do not own the creek or river bed, and as long as you stay in the creek you are legally allowed to be there. As I said, this is what I have read and also been told on a few occasions. If you are intending to fish a section on someone's property, it is courteous and polite to ask their permission. Could save an unpleasant encounter with a gun etc. And we have to look at the land owners point of view. They have stock etc, and it must be annoying to have gates left open, and rubbish left lying around. The problem is sometimes you may be passing through several properties, and you could arguably be spending your whole day knocking on doors.
This may be of interest to you all. Some years ago, I owned 2 and a half acres on the Logan river, and was approached by the council to accuire 100 m of land back from the river bank. We didn't agree to it then as technically we would still own the land, and would be liable for any injuries that occured to the public that were on that land. We as land owners did find out through one of the councilors that it was a federal and state government mandate to reaquire all river frontages along all watercourses in Australia. Not sure if that is still an agenda. But worth looking into!

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Re: QLD river access laws
« Reply #4 on: November 09, 2015, 06:50:31 AM »
Not correct Pills.  You must remain afloat in Queensland.

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Re: QLD river access laws
« Reply #5 on: November 09, 2015, 07:04:20 AM »
I stand corrected. As I said, it was what I had heard, and not from an official source! As I also said, most creeks and some rivers up in their headwaters, require some portaging between pools, so does make life difficult! Which does pose an interesting question..... If a watercourse is the border between two properties, who decides who can walk it? I suppose the watercourse would be split down the middle, which makes for a bit of a quandry!

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Re: QLD river access laws
« Reply #6 on: November 09, 2015, 11:05:48 AM »
I am of the same belief as Pils where a crown water course channel is defined - the difference occurs where some early property boundary delineations did not recognise the channel and were defined mid channel - do you have specific information to the contrary Dale?

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Re: QLD river access laws
« Reply #7 on: November 09, 2015, 12:51:10 PM »
From the Water Act 2000

Quote
The Act declares the land comprising the bed and banks of a non-tidal
boundary watercourse or lake to be the property of the State. A boundary
watercourse (or lake) is one that forms part of the boundary of a land
parcel (a parcel is a standard registered lot of land e.g. Portion XX)
irrespective of the tenure or ownership of the parcels. As the terms ‘bed’
and ‘banks’ are difficult to define exactly, there is debate as to the extent
of the State’s ownership where the adjoining land is freehold. The State’s
interpretation of the Act is that it applies to all the land between the high
banks of the watercourse or lake. Exactly where the high banks occur is
also open to interpretation, however Figures 9 and 10 show where the
‘high bank’ may be located in sugar cane riparian areas.
The Act also grants to the owner or occupier of lands adjoining a nontidal
boundary watercourse or lake, certain rights over the lands within the
watercourse or lake to the water’s edge. These include the right of access
over that land for the person (including family, employees, agents and
stock), the right of grazing on that land for the person’s stock, and the right
to bring action against trespassers. Effectively these ‘riparian’ rights provide
exclusive use and enjoyment of these lands. However, the State retains the
power to remove these rights by appropriating the lands in whole, or part,
for a purpose under the Act (e.g. to construct a weir or other work).

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Re: QLD river access laws
« Reply #8 on: November 09, 2015, 12:59:08 PM »
Thanks for that Dale I hadn't come across that specific reference before - I suggest that riparian access rights is something that the recreational fishing community (and other outdoor recreational interests) should take on as a political campaign - it would be much more worthwhile (in terms of gaining / maintaining fishing access)  than all the BS effort directed against aquatic protected areas IMHO...

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Re: QLD river access laws
« Reply #9 on: November 09, 2015, 08:48:52 PM »
Thanks for that Dale I hadn't come across that specific reference before - I suggest that riparian access rights is something that the recreational fishing community (and other outdoor recreational interests) should take on as a political campaign - it would be much more worthwhile (in terms of gaining / maintaining fishing access)  than all the BS effort directed against aquatic protected areas IMHO...
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Quote
Note

This section effectively replaces the
Water Act 2000
, section 21 (Beds
and banks forming boundaries of land are State property), which was
repealed by the
Natural Resources and Other Legislation Amendment
Act 2010
. However, that Act inserted a transitional provision into the
Water Act 2000
 to provide that the repealed section 21 continues to
apply for all matters arising before its repeal

https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/L/LandA94.pdf Search the link for these sections

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Re: QLD river access laws
« Reply #10 on: November 09, 2015, 08:58:03 PM »
You're right Jim, but the apathetic attitude of anglers will see them sit back and bitch and moan about it, but not stand up and speak out.  I'm closer to 60 than 50 and I'm too bloody tired of trying to change things with bugger all support. 

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Re: QLD river access laws
« Reply #11 on: November 11, 2015, 09:23:25 PM »
Correct me if I am wrong; but the way I read the notes to the legislation above is that the land owner has riparian or "usage" rights of the land up to the water's edge only, even if the water's edge is below the "high bank". The State seems to hold the rights to the water and any submerged land including the creek / river / lake bed.

As such, my understanding is that as long as you are in the water, you are on "State" property and it is irrelevant whether you are floating, swimming, wading, pushing your boat / kayak / canoe / watercraft through shallows or whatever, as long as "your feet are in the water" and not on land above the water's edge.

This however, does not remove our responsibilities of courtesy to the land owners whose property the water way traverses. Where ever possible we should seek the consent of the land owners to fish or traverse water ways on their properties. AND remember to always leave gates how you found them and leave no trace of your presence behind. In other words - never leave rubbish (even buried) or fires behind.

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Re: QLD river access laws
« Reply #12 on: November 12, 2015, 07:00:24 AM »
Quote
The Act also grants to the owner or occupier of lands adjoining a nontidal
boundary watercourse or lake, certain rights over the lands within the
watercourse or lake to the water’s edge. These include the right of access
over that land for the person (including family, employees, agents and
stock), the right of grazing on that land for the person’s stock, and the right
to bring action against trespassers.

"certain rights over the lands within the watercourse or lake to the water’s edge"
"The right to bring action against trespassers"

I may not be correct here, but they do not say the "high water mark" they say "the water's edge"  If the water level drops, the amount of land controlled increases.  If a river is empty during a drought the adjacent land owner has the rights to the river bed, and the right to bring action against trespassers?

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Re: QLD river access laws
« Reply #13 on: November 12, 2015, 07:29:32 AM »
I agree - the rights are to the water's edge.

As you say, the water level rises and falls and thus the land area would expand and contract with the water levels (or lack there of in droughts when rivers, lakes and creeks dry up completely).

Accordingly, the area covered by the riparian (usage) rights would expand or contract to cover the land to the water's edge. I assume the contraction would be limited to the high bank mark in times of flood and the property owner would have rights up to that high bank mark.

 

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