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Posted: Sun Jan 03, 2016 6:34 pm
Gday guys just hoping someone could enlighten a few things for me as regards to prospecting streams running through private property/ blocks without permission.
Due to property vacant or no dwelling.
Some say it's ok and Legal as long as entry to the stream is made via crown/public land ? ie.. Bridge structure or the like as long as foot is not stepped on private land ?
Any help wouldn't be greatly appreciated
Re: Tassie streams
Posted: Wed Jan 06, 2016 8:23 am
I am of the opinion that access to a river or stream is permitted if there is a river reserve otherwise the landholder owns to the middle of the stream or if they own both sides of the river they control access. A river reserve would have to be beside a public road for you to gain access to the river/stream without stepping on private land. If the land is not occupied by a dwelling but it is private property I still think you would need to gain permission to access the stream if there is no river reserve. Like I said just my opinion so I stand be corrected and i would like to think that we all own rivers and streams and so long as access is made from a public road, access is legal but don,t think that is the case. Check out the List map to find if there are river reserves on the stream you intend to visit or you could make an enquiry to Crown land services. Dan
Re: Tassie streams
Posted: Wed Jan 06, 2016 9:19 am
As far as I understand it, it depends a lot on who owns the land. As Danny Panner said, many properties own all the streams passing through them, especially older land titles. Whether there is a dwelling or not or whether the land is currently used or not has no bearing on title rights. You can use LISTmap to find whether there is a stream reserve or not: http://maps.thelist.tas.gov.au/listmap/app/list/map
Usually there isn't. Even in cases where the land tenure is unclear, it would still probably pay to ask permission. The landowner may not even know that he or she doesn't own the stream, and by the time you've had your tyres slashed or been shot at (I'm taking the worst-case scenario view), it's too late to enlighten them.