Aboriginal landowners will have more say on who can fish along the NT coastline

The NT will recognise the existing rights of Aboriginal landowners to Territory coasts under amendments pushed through parliament, but some fear the impact of enacting the laws.

The NT fishing industry has raised concerns about its future, after amendments protecting the rights of Aboriginal landowners was passed through parliament.

On Wednesday, parliament passed an amendment which acknowledges the rights of traditional owners to Territory coasts.

It comes as the NT Government pushes to reflect existing Aboriginal rights under the High Court’s 2008 Blue Mud Bay decision.

The High Court decision gave traditional owners exclusive access to almost 6000km of the NT coast.

It also required commercial and recreational to gain permission before entering protected waters.

Neither the Fisheries Act 1988 (NT) or the Fishing Regulations 1992 (NT) had been amended to reflect the decision, with this amendment the first step to do so.

The amendments also acknowledge the cultural and spiritual significance of aquatic resources to traditional owners, and promote opportunities for Aboriginal Territorian to benefit from the aquatic resources.

Aboriginal Affairs Minister Selena Uibo said the amendments were about bringing the Acts in line with the current laws.

Minister Selena Uibo presented the Act amendment in parliament. Picture: (A)manda Parkinson

“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,” Ms Uibo said.

“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 under way.”

However, Nelson MLA Gerard Maley suggested the uncertainty around the future of fishing in the NT could prevent people coming.

“We’re talking about an industry in the Northern Territory which is a major industry,” he said.

“People come from across Australia, or across the world, to the Territory for fishing.

“And what we don’t want is those people going somewhere else because they’re not really sure what’s going to happen.

“I’ve spoken to tour guides who have said it’s hard to take this into the future, because they don’t know what is going to happen.”

Deputy Opposition leader Gerard Maley said the bill could damage the tourism industry. Picture: (A)manda Parkinson

These concerns were echoed by the Amateur Fishermen’s Association of the Northern Territory and the NT Seafood Council.

Seafood Council chief executive Katherine Winchester claimed they “had not been consulted” on changes to the Fisheries Act.

“Seafood businesses in both wild harvest and aquaculture are looking to put their investments on hold as they are unclear of the NT government’s vision for the seafood industry,” she said.

“Key stakeholders have not been consulted or engaged appropriately on changes to the Fisheries Act prior to the introduction of the Fisheries Legislation Amendment Bill 2022 to the Legislative Assembly.”

AFANT chief executive David Ciaravolo called the government out for what he said was a failure to properly consult with stakeholders.

He said it made no sense that the government’s own Fisheries agency was overlooked from conducting the review in favour of the Department of Chief Minister and Cabinet.

AFANT Executive Officer David Ciaravolo called out the government for not properly consulting with stakeholders. Picture: Justin Kennedy

“Government really needs to explain why it can’t trust its own Fisheries division to review its Act because Fisheries does an excellent job engaging with all stakeholders,” he said.

“This is part of the Blue Mud Bay implementation plan and we’re very concerned about what comes next.”

However, Chief Minister Natasha Fyles suggested her government had been in communication with stakeholders from recreational and commercial fishers to traditional owners represented by the Northern Land Council

“It’s really important we respect the rights of traditional owners,” Ms Fyles said.

“We know how much Territorians love their fishing, they love getting out there across the Northern Territory.

“We have been working hard with representatives from fishers to traditional land owners to ensure we can respect their rights, but at the same time provide access for Territorians wishing to fish.

“We absolutely understand the importance of rec fishing, it is part of our lifestyle and part of why many people choose to live here in the NT.”

Originally published as Aboriginal landowners will have more say on who can fish along the NT coastline