Legal Fising Locations???

[SimonT]

I was wondering where it is legal to fish. Obviously in the ocean, rivers and creeks it is fine, but I have been fishing in canal estates and been asked to leave by security guards as it was "a private canal". I have asked a few questions of people and most say that you are fine to fish where you want as long as you don't access people's pontoons or jetties. Also I have noted that there are private marinas, would they be in the same category?

Is there anyone out there with any knowledge of any legislation that is applicable to this. I would feel much better telling someone politely to "get stuffed", knowing that I was justified in doing so.

Obviously as a group we don't want to infringe on the rights of others, but conversely we don't want them to infringe on ours.


Also I guess there could be variations from state to state. I live in Brisbane.

Thanks in anticipation.

SimonT

[Nath_18]

Thats one thing i cant stand. All those yuppys and there money they think they own the place.
I live in victoria (no canals down here) but im pretty sure you can but you just cant access there jettys ect (just like you sad)
I hope this helps as i have heard staorys that these are one of the best places to fish for Bream.

chears, Nathan

[fatman]

My understanding is that people can own the river/channal bed but they don't own the water or animals in it. This means legally you can fish in the water. We Sydneysiders have Sylvania Waters, a private channal sysem with waterfront homes. Most don't mind you fishing as long as you are quiet and courtious, but when they turn nasty they call the cops whowill move you along.
Marina's are another story, they pay a lease to rent the river bed as well as the water, so when it says private moorings/marina (or whatever) best to stay well away.

FATMAN

[chris_lemess]

In WA the law as far as I am aware is that you can fish on any part of the river bank, but if this has been extended by a wharf / jetty / pontton or whatever, the owners have the right to boot you off their structure as it is classified as trepassing. From a boat they can't do anything unless you're in a non-boating area like a ferry terminal.

Any questions just ask McSweeny and O'Dwire - hey Ira?

Yeah Kurt and I know a couple of Maritime Lawyers McSweeny & O'Dwyer and they told us that you can't be kicked out unless you are anchored up or tied up to a jetty.

If your under electric your a vessel underway..............

You can't own tidal water............

[chris_lemess]