If you own land with a creek on it, you are responsible for maintaining the section of creek within your land. Even if a creek is fenced off, it's still the landowner's duty to maintain it.
The only exception to this is if there is a legal easement on your Property Title that includes arrangements for another party, such as Council, to maintain the creek. If you don't have your Property Title, you can apply for a copy through NSW Land Registry Services.
Creeks and waterways between properties
You are generally responsible for maintaining the part of the creek that flows through your land, regardless of who the adjacent owner is, and whether it's private property or public land.
Below is a simple summary of who's generally responsible for different types of creeks and waterways.
| Creek or waterway features | Responsibility for maintenance |
|---|---|
| Creek with both banks on your land | You are fully responsible |
| Creek next to your land, or on the boundary of your land and your neighbour's land | You are most likely responsible for your side, even if the creek sits beyond a fence |
| Underground culverts (pipe or tunnel) | You must keep piped or enclosed waterways under your property clear to prevent blockages and flooding. |