Angler Access

Under section 38 it declares that the public has a right to fish despite the private ownership of the bed of the river or creek. The right to fish in tidal or non-tidal waters is subject to any restriction imposed by the Fisheries Management Act 1994 ire fishing rules. Section 38 allows anglers to be within the bed of a river or stream. In many areas this allows anglers to wade through whole river reaches quite easily. In some case’s the bed of a river may be freehold title however access to these areas for anglers is irrespective of ownership of the riverbed. Please note that section 38 does not apply to some lakes. In addition to this many section of a waterway may be Crown land. In some cases, this crown land extends well beyond the bed of a river. These areas of crown land are usually ill defined and often unrecognisable. To find these areas of crown land please contact your nearest NSW Local Crown lands office.

Section 38 FISHERIES MANAGEMENT ACT 1994 – SECT 38

sect. 38 Right to fish in certain inland waters

1. A person may take fish from waters in a river or creek that are not subject to tidal influence despite the fact that the bed of those waters is not Crown land if, for the purpose of taking those fish, the person is in a boat on those waters or is on the bed of the river or creek.
2. The right conferred by this section is subject to the other provisions of this Act.
3. In this section, “bed” of a river or creek includes any part of the bed of the river or creek which is alternatively covered and left bare    with an increase or decrease in the supply of water (other than during floods).

Note: At common law, the public has a right to fish in the sea, the arms of the sea and in the tidal reaches of all rivers and estuaries. The public has no common law right to fish in non-tidal waters-the right to fish in those waters belongs to the owner of the soil under those waters. However, the public may fish in non-tidal waters if the soil under those waters is Crown land. In the case of non-tidal waters in rivers and creeks, section 38 declares that the public has a right to fish despite the private ownership of the bed of the river or creek. However, the right to fish in tidal or non-tidal waters is subject to any restriction imposed by this Act.

The use of canoes, boats and larger watercraft to access waterways is managed by Roads Maritime Services (RMS) under the Marine Safety Act 1998 and associated regulation. The act of fishing from vessels is managed by Fisheries NSW. Under the Marine Safety act vessels can be used on waters deemed to be navigable waters in accordance with that legislation and associated regulation. In many cases this allows anglers to use watercraft to access publicly accessible Lakes and impoundments across the state unless they have been restricted for use by the RMS. Fisheries NSW does not administer the Marine Safety Act 1998 and advice should be gained on the use, safety and regulation of vessels on particular waters by contacting the RMS.

Section 38 allows anglers to be within the bed of a river or stream. In many areas this allows anglers to wade through whole river reaches quite easily. In some cases the bed of a river may be freehold title however access to these areas for anglers is irrespective of ownership of the river bed . Please note that section 38 does not apply to lakes. In addition to this, many sections of a waterway may be Crown land. In some cases this crown land extends well beyond the bed of a river. These areas of crown land are usually ill defined and often unrecognisable. To find these areas of crown land please contact the nearest NSW Local Crown lands office.

While section 38 offers anglers the right of access for the purpose of fishing, argument often arises with the physical definition of the bed of river. Section 38 of the act clearly states that the bed is that any section which is covered and left bare with the increase of flows other than at times of flood. The definition of where this point is located on a river is often subject to scrutiny. Clearly it is the intent of the legislation to allow access for fishing in some manner other than at times of flood. The Department considers the bed of the river to be that area which is below but within river channel flood level generally this is at the top of each bank and does not extend to areas when the river shifts beyond this point i.e. at times of flood. This area includes most areas of beach or gravel bars or areas considered a waterway defined under the Crown Land Management Act 2016.

The specific guidelines (PDF, 3.22 MB) outline the location of the NSW /Victorian border, the NSW Border is generally considered to be the top of the southern bank of the Murray River. The Murray River starts at a point known as the Indi Springs near Cowombat flat and extends West to the South Australian border the location of this border was scrutinized in several court judgments, in particular, Ward v The Queen (1980). Guidelines for interpreting the border are set out by the surveyor generals for Victoria and NSW. The determination can be viewed here.  As a general principal, the NSW Border extends to the top of the Southern bank of the Murray River as seen in the below figure. This Southernmost section of NSW land generally includes vast areas of river beaches which are almost all considered to be NSW land. In lieu of a formal agreement between states some of this land is generally licensed to be under the care and control of Victoria for day to day management. However, as determined in the Ward case only legislation relating to the jurisdictional boundaries of NSW can apply to these lands. In most cases, this land is managed by the NSW Government.

Find out information about the fishing rules and regulations of Lake Hume and Lake Mulwala.

Lake Hume and Lake Mulwala

The Border between NSW and Queensland was determined over a period of years and is described in the guidelines are set out by the surveyor generals for Queensland and NSW. The determination can be viewed online . The guidelines for defining the borders location are set out in three sections which relate to the 29th parallel, the River section and a Watershed section.

The 29th parallel

In this section the boundary between NSW and QLD extends from the NSW, QLD and SA border Marker at Cameron Corner and extends on the 29th Parallel to a 1-ton Marker on the banks of the Barwon River just south of Mungindi. NSW and QLD have undergone a program to re-establish original markers for the border however in some areas these are non-existent. This section of the border crosses vast floodplain and many rivers where the border is undefined. Anglers who wish to fish close to the border are encouraged to contact the QLD dep’t of Natural resources or NSW LPMA and verify the borders location if unsure before fishing.

River Section

The boundary between the States along the river section is the middle (median) thread which is defined as halfway between the banks of the river.  For the purpose of defining the middle thread, the ‘riverbank’ has been defined under the NSW Crown Land Management Act 2016 as the limit of the bed of a lake or river. (a) which is alternately covered and left bare with an increase or diminution in the supply of water, and (b) which is adequate to contain the lake or river at its average or mean stage without reference to extraordinary freshets in time of flood or to extreme droughts. Please note that this definition is for non-tidal waters only.  The median line extends through the Dumaresq, Macintyre and Barwon rivers to the junction of the Severn River (QLD) and is considered a natural boundary. If fishing on the southern side of the median line an NSW fishing license is required, and NSW jurisdiction applies.

Watershed Section

In this section it was the original intention that the top of the watershed from the Dumaresq River to Point Danger is considered to be the border.   This border is sometimes hard to define however for the purposes of angler access and NSW jurisdiction it is considered to be those waters to the south of the watershed. These rivers include but are not limited to Clarence River, Fawcett’s Creek, Hoffman’s Creek, Jacksons (north arm) Creek, Maryland river, Middle arm Tweed River, Terania Creek, Tooloom Creek, Tweed River, Tyalgum Creek, Wylie Creek and Wilsons River.  Particular attention is drawn to NSW tidal waters in the North Tweed area. These waters include but are not limited to the entire Tweed Estuary, Bilambil Creek, Cobaki Canal, Lakes & Broadwater, Jack Evans Harbour, Terranora Creek & Broadwater, Endless Summer Canal, Crystal waters Canal, and from Point Danger to North Head.

NSW and the ACT Border

The ACT border with NSW is very complex and there is a multitude of rivers and streams that are crossed by the border itself. There are 3 sections to the border and their actual location is difficult to describe. In some areas there are well placed markers identifying the border or key points throughout its length. Details of the field books showing the border in detail can be found here.

Mouat Line

This section starts on the western side of the ACT at a point known as Mt. Coree marked by a Trig station. The Mouat line heads south passing through Mt. Franklin, Mt Bimberi and Mt. Kelly. NSW waters are to the west of this line.

Johnston Line

This section extends from the southern most point of the Mouat line and extends along the natural watershed through wrights Hill and Mt. Clear in a south easterly then northern direction where it joins the Scehffe line. NSW waters are to the south, west and east of this line.

Sheaffe Line

The Sheaffe line heads in a northern direction from the Johnston line and crosses the Murrumbidgee at Angler point. The border then heads in a North easterly direction and just to the east on the Monaro hwy for part of its length. The Border then passes to the north of Queanbeyan and crosses the Queanbeyan River approximately 25 m downstream of the railway bridge. From this point, the border follows the southern side of the Molonglo River where it crosses the river downstream of the Molonglo River Railway crossing.  The border then follows the natural waterline to the north to the One Tree Hill trig station. From this point the border heads in a South Westerly direction to the Mt. Coree Trig station.  NSW waters are to the south, east and North of this line.

• When driving, keep to the formed public access roads and don’t bush bash.
• Dogs are permissible but must be under your control.
• Road rules and vehicle registration requirements still apply on roads and fire trails on public land – vehicles must be registered, drivers/motorcycle riders must be licensed and safety equipment required by law must be worn.
• Solid Fuel Fire Bans apply in many State forests over summer, banning campfires and barbecues using wood, charcoal or other solid fuel.
• If an area is used for hunting, recreational users are permitted to visit public lands declared and open for hunting, unless a forest has been closed.
• Entry to State forests is free. Some national parks, nature reserves, state conservation areas and historic sites charge entry fees.
• Organised activities in State forests may require a Special Purpose Permit.

For more information contact the Forestry Corporation Information Centre (Phone: 1300 655 687 or 02 9871 3377) or local Forestry Corporation Regional office. Forest closure may be in place at times, click here to see the current closures.

On 1 July 2010, the NSW government converted 100,000 ha of many of the red gum state forests in the Riverina to National parks and reserves. At the time anglers are often confused as to where the boundaries are located in respect to those waterways adjoining these reserves. Most if not all beds of rivers (including beaches) up to the high-water mark were excluded from the park reservation. The Red Gum Forests sit within many floodplains and are often closed for use due to flooding. Its recommended that you check park closures prior to traveling to a park here.