Parliament has today passed legislation that amends the Fisheries Act 1988 to acknowledge the existing rights and interests that Aboriginal Territorians have in relation to their land and waters.
The amendments, to the Fisheries Act 1988 (NT) and the Fisheries Regulations 1992 (NT), are part of the Territory Labor Government's commitments under the 2020 Blue Mud Bay Implementation Action Plan (Action Plan).
In preparing this law reform through 2022 the Territory Labor Government has undertaken extensive consultations with land councils, who represent Traditional Aboriginal Owners of sea country, and key industry groups.
The purpose of these tranche one amendments are to:
acknowledge in the objects of the Act the rights and interests of traditional owners and Native Title Parties under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) and the Native Title Act 1993 (Cth);acknowledge the cultural and spiritual significance of aquatic resources to Aboriginal Territorians in accordance with Aboriginal tradition (as defined in the Land Rights Act);promote opportunities for Aboriginal Territorians to benefit economically from aquatic resources; andmake other minor revisions to the Act that do not amount to substantive changes in policy.
The amendments to the objects of the Act reflect existing Aboriginal rights under the Blue Mud Bay High Court decision and the Aboriginal Land Rights Act and Native Title laws.
Quotes attributable to Minister for Aboriginal Affairs Selena Uibo:
"This is not about creating new rights or new laws, it is recognising the current laws already in place as a result of the courts or Commonwealth legislation.
"We value and respect the rights of Aboriginal landowners, the importance of access and lifestyle to Territory recreational fishers and the interests of the commercial fishing sector.
"The Territory Labor Government has completed most of its commitments under the Action Plan, including providing funding for the establishment and operation of an Aboriginal Sea Company, expanding Aboriginal Coastal Licences, and preparation of these amendments to the Fisheries Act. The review of the Northern Territory barramundi fishery, another key action, is currently underway.
"We are continuing discussions around long term access to Blue Mud Bay affected waters."
Northern Territory Government
