Detecting Rivers and Creeks

This is taken direct from the Miners Rights FAQ webpage http://new.dpi.vic.gov.au/earth-resources/prospecting-fossicking/faqs on detecting rivers.

30. Where a river passes through private land, is the river classed as Crown Land?

Varies, check with local DSE office.

31. What areas on either side of a river are classed as Crown Land? Are these areas available for prospecting/fossicking with a Miner’s Right?

Varies, check with local DSE office.

I was wondering if I had the right to follow a river or creek, whilst detecting , that started in crown land and then went thru any private land. This seems to suggest the river or creek bed and the banks are Crown Land in some circumstance. Does anybody know under what circumstances its classed as Crown Land and why it varies. I could give DSE a call but in most cases most government departments haven't got a clue when it comes to prospecting, Miners Rights and there own rules.

I know that when I used to fish years ago, no farmer could stop you from being within about 10 or 20 yards from the riverbank as it was regarded as Crown Land. That was a long time ago but I guess a similar rule may apply nowadays.

Panther

The old rule for rivers was one chain from the high water mark,
in the last few years i think that is rule is out now and the
land owner owns to the high water of the river or creek..
Hope this helps you out.

Goldrocs is correct. The older leases and land contracts vary from more recent ownership considerations. On a single stretch of river, the land on the banks could be privately owned in some cases, and then, just a few hundred yards away under an older contract, the land may be Crown. It's very hard to determine unless you can access the papers for each property. The only alternative is to ask the occupant of the property.

A lot of people are under the wrong impression that they are entitled to access a location anywhere on the water as long as they're below the high tide mark. This is often no longer the case, unfortunately.

Thanks for the replies guys.
Chain,banks,high tide marks,old and new contracts no wonder there is so much confusion. What if the River or Creek is dry and you confine your detecting to the River or Creek bed? Crown land? Are you within your rights to do that even if it runs thru someones property? I agree with you Nero, asking permission from the land owner is the best way to go and avoids confrontations, the worst they can say is NO and there is always plenty of other Crown land to detect, was just interested to know what other peoples opinions were on this matter.

In my case, I share a creek boundary with a neighbour. The survey shows that the property boundary is the mid point of the creek - he has one side I have the other. The fences are on either side of the bank, which could give the impression that the creek is public land, but of course the fences are up high so they don't get washed away. If someone entered the creek at the road and walked the creekbed, they would be trespassing.

There are also several "intermittent creeks" running through the property. These creeks can run for months, from raging torrent, steady flow to trickle, then dry up....depends on the regularity of the rainfall. They are not Crown Land but private property.

Maps, Google and the like are not 100% accurate. Ring a Government Department twice and you are likely to get two different answers . Like everyone recommends, asking permission or advice from the land owner is the best way to go. Courtesy, like a smile , will get you a long way in life and usually a long way in this pastime.

Cheers
Fly_Dirt

The department of lands NSW in Sydney has an extensive array of current up today parish maps.
These are avalible free to view all you need to know is what parish you want to look at.
If you wish to have the owners details/name etc it will cost you, but as for boundries etc it is free to view but in person.
Any creeks on private (freehold) land are infact owned by the property owner/s.
Rivers are not owned by any private indivials and remain crown land, and by crown i mean only the river bed not banks.
Property owners dont like losing fences so this why (as Fly dirt has stated) some fences give the impression of public access which is not the case.
If you want to know about leased crown land, it is basicaly the same as freehold but you cannot build or improve the land.
And the lease holder is the owner so once again it is deemed private property, funny you lease it take ownership but can not do anything with it except run stock.
For correct information you will need to turn up in person at the Lands Dept to get a correct answer.
But as one bloke told me years ago although you may have right of passage thru a property, the owners view may differ and when alone in the middle of a paddock with an armed cranky property owner he is absolutly correct.
Door knocking doesnt hurt worse case is a bugger off and even though they may say this its surprising how many say thks for a least asking. (says something doesnt it)
The next best option is to buy the land you want to fossick on ................................ dont laugh to much it may end up that way one day.
Regards
John

nero_design wrote:Goldrocs is correct. The older leases and land contracts vary from more recent ownership considerations. On a single stretch of river, the land on the banks could be privately owned in some cases, and then, just a few hundred yards away under an older contract, the land may be Crown. It's very hard to determine unless you can access the papers for each property. The only alternative is to ask the occupant of the property.

A lot of people are under the wrong impression that they are entitled to access a location anywhere on the water as long as they're below the high tide mark. This is often no longer the case, unfortunately.

Hi

So that means, how I'm understand the above quote, if you enter a river system from say in a boat/kayak/rubber dingy from a Lake X while the rain falls are plentiful which makes the river at it highest possible marker flow rate your actually trespassing LOL if the river runs thro a person private land. One would have to stick to the middle of the river line otherwise you could be greeted with a shotgun LOL bloody hillbilly's LOL.

Gesssssssssssss there go my fishing plans LOL. Since when !!!!! ??????

Cheers