Marinas,. Private Property or not ?

[afishyfish 4]

Hi all.While talking to someone recently, the topic came up regarding accessing waters of marinas, and the right, or lack of, to do so.Apparently this person had taken his boat into one to flick some lures around the boats, and been asked to leave by the owner of the marina, claiming the fisher had no entitlement to be in there.The obvious question is, does the owner "own" the area covered by water too Probably very much open to interpretation I'd say :whistle:

[Ranger 48]

If a marina has been dug out from land and subsequently flooded, it is private property. ie: snowdens marina and royal yacht squadron. In this case the owner has every right to tell him to move along.If it is a structure built out from land onto the water it is public access. ie: north haven

[Savagelip 4]

the marina down snowdens is of limits to the public other then members, although the odd sneaky yak sneaks in so my mate tells me, apparently you can't even fish in it..

[piratepom 3,197]

Casually went in Snowdens marina a few months ago, when the gates were open, and had a land based SP flick for half an hour before I got asked to leave :whistle: I've seen boats go in and have a fish in there, but as Ranger said probably not entitled to be there :ohmy:

[afishyfish 4]

If a marina has been dug out from land and subsequently flooded' date=' it is private property. ie: snowdens marina and royal yacht squadron. In this case the owner has every right to tell him to move along.If it is a structure built out from land onto the water it is public access. ie: north haven[/quote']That would make sense Ranger. Can I ask where you got that information from ?The only "problem" I see with it is that it's a bit like wading a stream running between two adjoining properties, and we all know how that scenario sparks debate In the scenario I originally described, and without wishing to be pedantic, a boat sitting in the water isnt on privateley owned land, just the water, and it would seem the land owner wouldnt own the water I'd suggest anyone who does want to fish in a marina politely enquire from the particular place first and see what happens drom there It doesnt worry me personally , and Im not advocating anyone test the law out in this case either :pinch: :whistle:

[Ranger 48]

That would make sense Ranger. Can I ask where you got that information from ?

Out of bounds areas are explained to all competitors as part of the briefing prior to Bream tournaments. I recall an official representative from Marine & Harbours being the one to first to explain in depth how/why the law works' date=' as part of his presentation to us.

The only "problem" I see with it is that it's a bit like wading a stream running between two adjoining properties, and we all know how that scenario sparks debate In the scenario I originally described, and without wishing to be pedantic, a boat sitting in the water isnt on privateley owned land, just the water, and it would seem the land owner wouldnt own the water

There is no problem with it, regardless of how you see it or how it might seem to you.It's the way the law works, and even in the scenario you described, the landowner DOES also own the water, as the water is now sitting in the area which was formerly covered in land, which he has previously dug away and flooded at his own expense to create the marina....far different to a natural stream between two adjoining properties.ie: a)Take away the land and you now own a hole. If your hole fills with water, you also own the water sitting in the hole. Build out onto the waterway, and you own what you have built. The water is not yours though, as it was there before you started building.Local exceptions to the rule are:a) submarine base-which has an adjacent exclusion zone for reasons of security. fuel wharf-which has an adjacent exclusion zone when a ship is docked for reasons of safetyRemember, when it comes to the law it's our responsibility to know this, and ignorance of the law is no excuse. So as harsh at it may sound with the owner telling you to move along, he's actually doing you a favour. Instead all he need do is photograph you, and you could be charged with tresspass instead.

[afishyfish 4]

Thanks for that Ranger.I didnt mean to sound as if I do have a problem with it, it just seeemed to be a grey area, full of arguments that could be problematical, something akin to a landowner who has a mining company wanting to dig for minerals, or a house owner having to leave a house for roadworks to be done.A member who regularly uses a Marina phoned me after seeing my second post, explaining a bit as to how some of it works. ( Thanks for that )From what I was told, people leasing a berth or property adjoining the water, can have water rights as part of their lease, with these varying in distance around the said items.Without knowing what those distances are then no doubt to enter that space would be a trespass.It would seem logical that these same water rights would apply to the marinas owner then too.I suppose there's the new "industry" of OH&S to be considered by the owner too :side:

[jagger 24]

This make me wonder about Wirrina. Not exactly dug out... although there probabaly some form of dredging I presume at the entrance but certainly built out from existing beach/land.It's a no go for fishing with signs everywhere but I know the bream in there are very healthy as well as a few other species that frequent the area

[samboman 319]

This make me wonder about Wirrina. Not exactly dug out... although there probabaly some form of dredging I presume at the entrance but certainly built out from existing beach/land.It's a no go for fishing with signs everywhere but I know the bream in there are very healthy as well as a few other species that frequent the area

seems that its fair game then jagger..... Sambo

[jagger 24]

Game on if it is Sambo...some cracking fish around there

[weaver 271]

Wallaroo marina was dug out and everyone there is very friendly unlike the Adelaide marinas in question.Its a shame really that you cannot fish these marinas, be nice to find a happy medium but alas it well never happen.So whats the going rate on a cube of salt water these days? :whistle:

[fridge 6]

seems a bit like the air,remember some case about the neighbours smoke affecting the quality of the air of the other neighboursad sad world