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No Fishing signs - legality?


Mike Sydney
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At Tempe, the foreshore near the Rowers club is peppered with very professional and official looking “No Fishing on foreshore, fines apply” signs. These are private signs erected by the Rowers club opposite their car park but otherwise on a public footpath. 

They own the nearby pontoon and I absolutely agree no fishing on the private pontoon, but am I right in thinking that the other signs telling me not to fish are worthless ?

Of course, I understand the intent to protect their business and am respectful of that, but I’m often there when they are closed and these signs cover maybe 60m of shoreline. I’m not looking to “stick it to the man” so to speak but just curious if I’m right they hold no legal weight. 

Are any “no fishing” signs other than branded NSW fisheries enforceable at all? 
 

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That's a hard one Mike Sydney and probably one you don't want to put to the test.

In answer to your question "Are any “no fishing” signs other than branded NSW fisheries enforceable at all? " I suspect yes is the answer, particularly with Local Council "laws and by-laws". Maybe there's a legal eagle on Fishraider who can answer your question definitively. Find an alternative, plenty of water in the region.

bn

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I know the signs you're talking about, it was my understanding that as it's their private property they're allowed to have them up. As far as enforcing I'd assume they could legally ask you to move on / call the police to ask you to move on, but don't think you would actually be fined per se, just asked to move on. 

I usually just fish the grassy patch to the right near the bridge, caught my PB tailor there, very shallow around that stretch of river though.

Tight lines

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36 minutes ago, Berrero said:

I know the signs you're talking about, it was my understanding that as it's their private property they're allowed to have them up. As far as enforcing I'd assume they could legally ask you to move on / call the police to ask you to move on, but don't think you would actually be fined per se, just asked to move on. 

I usually just fish the grassy patch to the right near the bridge, caught my PB tailor there, very shallow around that stretch of river though.

Tight lines

You reckon that stretch of footpath is private property? I’m not so sure as it’s maintained by council. 
Something of a moot point anyway as BN pointed out there is plenty of fishing to be had in the surrounding areas - that grass verge usually has a half dozen lines out most nights.

As for enforcement, I was At blackwattle a week ago and the cops rolled in on a boat and checked my license. First time I’ve been asked in 18 months. Some other fisherman were checked and didn’t have licenses - rather than fines the police got them to buy licenses on the spot. A soft hand which was nice to see.

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6 hours ago, big Neil said:

That's a hard one Mike Sydney and probably one you don't want to put to the test.

In answer to your question "Are any “no fishing” signs other than branded NSW fisheries enforceable at all? " I suspect yes is the answer, particularly with Local Council "laws and by-laws". Maybe there's a legal eagle on Fishraider who can answer your question definitively. Find an alternative, plenty of water in the region.

bn

I asked a lawyer friend years ago about a similar sign before and his advice about that particular sign was that it was probably enforceable. If it is on public land but the signs have been up there a while, clearly council doesn't have an issue with it. In fact the club probably needed to apply for permission to erect them. As long as the sign is up, I wouldn't want to test it.

I've never had my licence checked. Looking forward to the day when I do.

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S632 of the Local Government Act 1993 relates to signage and enforcement of restrictions on council related signs in public places, id have to see the signage to see the legitimacy of such. I've had a look at the Inner West LGA council by-laws and can not see any mention of restrictions relating to fishing on their website policy documents either

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I don't know the area, but common law states that if it is open to and accessable to the public, (not fenced or gated) it is a public thoroughfare.  I wouldn't hesitate asking the local Council.  They are usually very helpful in this type of matter but can be slow in providing the answer while they check the facts.  Ron

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