Access to waterways - QLD

Hi - new here and looking for some guidance around a neighbour coming up the creek line to a water hole on our land. The creek and waterhole isn't on the boundary, it is clearly inside our land.

I haven' found much online but the widely held view is that it is OK to travel up the creek.

Thanks

 

Check with the authority which controls navigation on watercourses in your area (in NSW it can be RMS, State/Regional Water Authorities or Council, Dept of Sport and Recreation).

 

If it's within your property then maybe a simple sign..Private Property Do Not Enter..

From my simple understanding tresspass is a offence under Qld Law and comes with different outcomes..

The question Wylie asked is the important one --WHY-- if's it's fresh water and you hear a pump going during the night then---..

 

To swim - mainly his kids

 

Thanks - as I said above, the kids have been swimming in it. They were coming onto our land but I put a fence up, now he is claiming that the water "belongs to everybody". I want to find out what the legal rights are before I say anything else.

 

What's wrong with the kids playing in the creek (apart from the crocs)?

 

The main issue is that if we allow them onto our land we could be legally liable if they are injured.

The second thing is that it is near our house and they make a lot of noise, sometimes very early in the morning (i.e. 7am with added barking dog). They have only just bought the land and when they first got there even put up some swings on our land which is obviously dangerous. It's only a very small waterhole. I've removed the swing.

 

If the watering hole is on your land, it is yours not general access or a local swimming pool. I don't see Cubbie Farm allowing the general public on their land to access their dams.

 

Tell him it belongs to you.

If he disagrees, ask him to prove his claim with a copy of the relevant Govt leglislation.

 

Buy a big dog

 

show us a map.

 

I have no idea, but found a lots of threads on the question. See:
accesssing creeks on private property (Page 1) / Prospecting Rules & Regulations / Prospecting Australia - Gold Prospecting & Fossicking Forum (down the page there was a view re Qld rules).
Apparently the rules change in 2010: Redefining land / water boundaries in Queensland: the new rules from May 2010 - Knowledge - Clayton Utz but I don't know if that relates to part of a watercourse within your property.

 

Up the creek without a paddle?

 

QLD is easier than southern states to fix. You want one of these

 

Do you own the land on both sides of the river? As far as I was aware in QLD the creeks and rivers aren't 'owned' by anyone - I could be wrong.
You could speak to the local police to see what the laws are?

 

Thanks all

I needed up ringing the Dept of Natural Resources, Mines and Energy, and got this email in response:

Thank you for your call today regarding your rights as a land owner to the creek that runs through your property.

Any waterway that runs through your property is considered to be a part of your land.

The State manages Queensland’s water resources, though this does not imply there is unrestricted access to your property for use of the creek.

If your neighbour enters your land, whether they swim down the creek or not, they are trespassing on your property.

If you have further issues with your neighbour, you are able to contact the police regarding this matter.

So there you have it. Also rang the local Council, which said they had no jurisdiction.

 

It would seem the neighbours should have purchased a parcel of land that also had a creek on it. Happy you got it sorted!

 

you don't own the river/ creek and you don't own the water hole
you don't own the water and you don't get to decide who can or cant use it .
anyone can walk any water way as long as its accessed fro public land and you don't go above the high water mark

 

Water boundaries are a complex set of cadastral law. Google won't have the answer for you.

Basically, if the waterhole is within your title and does not form a part of your boundary, then you own it.

If the waterhole forms part of your boundary and is shown on your title as an abuttal, then the crown owns the watercourse, and you own up to a defined feature (ie high water mark if its affected by tides, or a feature such as top of bank or similar, or where the water normally flows at winter solstice for rivers/creeks). Each state has differing rules about defining these water boundaries, some have legislated, some use common law rulings that stem from old english law.

Reserves have also been created over land that is near these river/water boundaries, which allow the public to walk along waterways and enjoy them.

To know what is happening on your land a registered/licensed surveyor should review your title. But if you are confident that the waterhole is well within your title and not near the boundary, then it is yours.