Q&As

Are there exemptions which mean the regulator does not have riparian rights and responsibilities for land owned adjacent to a main river?

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Published on LexisPSL on 23/07/2019

The following Environment Q&A provides comprehensive and up to date legal information covering:

  • Are there exemptions which mean the regulator does not have riparian rights and responsibilities for land owned adjacent to a main river?

In researching this Q&A, we have been unable to find any exemption releasing the regulator from its rights and responsibilities as a riparian owner. However the riparian presumption can be rebutted in certain situations (see below).

There is a presumption that the owner of land adjoining a river or stream (ie the riparian owner) owns the river bed up to the centre line of the river or stream. If the presumption does not apply and the river bed belongs to a third party, the boundary is the water line when the river is in its normal state. There is also a presumption that the owner of the bed of the river has the right to fish in the stream, and to prevent other persons from fishing there.

In addition to the natural rights incidental to the owner

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