Rules for Anglers’ Access in Tasmania

The general principle of angler access on private property which is promoted by the Service is that ‘access is a privilege not a right’. You should always have permission from the landholder and when in doubt, you should always ask first!

Tasmania’s inland fishery is essentially a ‘public’ fishery, and except in the case of a registered Private Fishery, the fish and water are public property and are not the property of the landowner. The land that surrounds, and in some cases lies underneath the water, however, is subject to title and it is the right of the landowner to control public access to the river or lake. It is the responsibility of the angler therefore, to ensure that he/she is on public land or has the permission of the landowner to access the river or lake. If permission has not been given by the landholder, then the angler may be charged with trespassing.  

Trespass law is found in the Police Offences Act 1935, which basically re-enacts historic trespass legislation established in 1862. This rules that a person cannot enter or remain without reasonable or lawful excuse (proof of which lies on the person) on any land, building, structure, premises, aircraft, vehicle or vessel without the consent of the owner, occupier or person in charge.

The majority of lakes in Tasmania are surrounded by Public Reserve land (Crown, National Parks, State Forest etc) or land owned by Hydro Tasmania. Public access is generally permitted across reserve or Hydro land to the lakes and around lake shores but Hydro does control access to areas where it has infrastructure or there are public safety issues. These areas are generally signposted with appropriate warnings.

There are also a host of public fisheries on private land – farm dams – which have been stocked with brown trout by the Service at the request of the landowner for public fishing. It is a requirement of the landowner, in these cases, to allow 'all reasonable access' to the dam for fishing as part of the written stocking approval. Access to these waters is often managed informally by local angling clubs, who have earned the trust of the landowner.  

Public access to rivers is often more confusing than stillwaters firstly because they may traverse a number of different land tenures along their length, ranging from private land to public reserve. Secondly, private land titles may either extend to the river bank or to the middle of the river.

Where the title extends to the river bank, which is the most common situation, anglers are legally allowed to wade up the river but they are still not legally allowed to walk on the river bank without permission. Where the title extends to the middle of the river, it is illegal to wade in the river without permission. Where river reserves exist, anglers may access the river across the reserve provided the reserve is not leased or requires access across private property. In all cases anglers are able to traverse the river in a canoe or boat but entry and exit points are governed by the same property title and trespassing rules.

One way to determine the land tenure is to search on the LIST Tasmanian Property Database at www.thelist.tas.gov.au. Another useful tool is the Tasmanian 1:25000 map series available from Service Tasmania and outdoor shops, which show river reserves where they exist.

For the past few years, the Service has been working to improve and clarify angler access at key waters throughout the State. This has involved negotiations with landowners and the installation of signs, fence styles, gates, foot bridges etc. A range of brochures summarising angler access information for individual waters has also been produced and these are available to download from the website at Angler Access Brochures.

Anglers can assist the work of the Service, and benefit the fishery and themselves in the process, by following a basic code of conduct that covers core values of respect and responsibility whilst fishing. Fundamental to this is the principle which underlies the angler access work, that ‘public access on private property is a privilege, not a right’. So unless you are sure that access is permitted, it is important to ask permission of the landowner. Reasonable requests for access are usually met with a positive response by landowners in Tasmania.  

It is also essential, having gained access, that anglers ‘do the right thing’ by respecting the property and the needs of the landowner in regard to property management. This includes littering, care for vegetation and livestock, lighting fires etc. ‘No Trespassing’ and ‘Private Property’ signs should always be respected as these warnings may be designed to ensure public safety, quarantine, or privacy issues.

By being aware of and respecting the rights and needs of landowners and other freshwater users, anglers are more likely to gain the trust of those people who own or manage the land surrounding inland waters. These people may hold the key to the future use and enjoyment of some of the State’s more accessible fishing waters, and it is important for all that good relationships are built and maintained.