Access to waterways - QLD

great answer mate.

just to reiterate,
its a bit hard to confirm @gavinf without viewing your title DP.
you are going to need to confirm your title boundaries, and that means speaking with a licensed Surveyor first.
not the police, not someone at council, not a plumber or the bloke down the pub. in some instances in NSW you can own to the centreline of the creek (see example)

@lixas4 is a VIC surveyor and i'm in NSW. the laws are possible slightly different in all states. your local Surveyor will be familiar with the states legislation.

 

This one's in Qld, the rules are based on who called dibs on it first.

 

Daintree ? too many bitey's

 

you may own the land below the water level to the center of the creek

if it is navigable by water craft , the kids can paddle up or swim up to the water-hole

the 1994 fisheries act says the land owner may own the land under the water but not the center of the creek so individuals can access waterways by walking the center of the creek

the argument would be , you may own the land but are you allowed to restrict access??

few interesting questions for the OP
dose the waterway have a name
is the waterway fed from a catchment area not on your land

Have you even spoken to the neighbour's kids parents to broker
a deal ?

 

If it's his property (which it seems to be according to the advice he got) then he doesn't need to make a deal.

 

you are exactly correct he dosnt need to make a deal

the same way the neighbour's don't need to stop making noise
they don't need to stop coming early in the morning
they don't need to stop the dog from barking

its only his property if the neighbours are crossing his land to access the water hole
take note - communication and curtesy go a long way

 

They do need to stop those things if they are trespassing.

And the OP has been told, the neighbours are trespassing, no matter how they access the creek or waterhole:

 

I thought it was his dog, that barked "in retaliation".

Looks like a friendly conversation would solve this issue much better than a legal argument!
"Hey Bob, do you mind not going in the watering hole before 8am, as I like sleeping in?"
"Hey John, no worries, sorry about that, I didn't realise you could hear us, we'll make sure not to head up there before 9am, just to be on the safe side!"

 

I don't think the creek / waterhole is accessible from public land going off what the OP has stated.

 

Yeh well....... unless that email is printed on some soft paper
I don't think its gonna be of much use