May 10, 2007 on 3:51 pm | In News | No Comments
Fishing Permits – Situation Normal – For Now
On 2 March 2007, in the Blue Mud Bay case, the Federal Court held on appeal that the licensing system under the Fisheries Act (NT) does not apply regarding commercial fishing in tidal waters overlying Aboriginal land (ie freehold) – being the intertidal zone and tidal rivers.
The court held that the power to grant commercial (and recreational) fishing licences regarding tidal waters overlying Aboriginal land was instead vested in Aboriginal Land Trusts under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth).
This outcome flowed from the court’s finding that a grant of Aboriginal land includes the right to take fish from overlying tidal waters, with the public right to fish being abrogated.
The decision has broad implications, since over 80% of the Northern Territory coastline (including islands) is Aboriginal land to the low water mark, in circumstances where both Aboriginal and non-Aboriginal people engage in commercial and recreational fishing.
On 16 March 2007 the court declined to stay or suspend its decision pending a High Court appeal since, having declared the law, it had no power to order that the law was not in effect.
On 30 March 2007 the NT Government filed an application for special leave to appeal to the High Court, which will be heard later in 2007.
In conjunction with the NT Government and the NT Seafood Council, the Northern Land Council has identified a temporary commercial and recreational licensing regime which, insofar as feasible, will maintain the status quo until at least two months after the High Court decision.
If the Government’s legal action is successful, then the law will be overturned and go back to the way it was before.
If the legal action is not successful, then a new arrangement for fishing will be required.
What’s happening now?
The Territory Government has begun legal action to overturn the court’s decision.
In the meantime, discussions have occurred to minimise disruption to Territorians and allow fishing to continue unaffected.
What areas are affected?
Approximately 80% of the Territory coastline and tidal rivers but not Darwin Harbour.
Can I still fish now?
Yes, absolutely. Following discussions between stakeholders, all fishing will continue unchanged until 31 May 2007.
Recreational fishers do not have to do anything until 31 May 2007.
All current controls – such as bag limits – remain in operation.
What happens by 31 May 2007?
After 31 May 2007 recreational fishers will require a once only, temporary fishing licence and permit issued by the Northern Land Council.
Visitors to the Top End fishing with licensed guides are covered under their permit. These permits are being automatically issued to all licensed fishing tour operators.
Where from here?
Well until the high court looks at this later in 2007 it is pretty much situation normal. When it does go to the high court lets hope that sanity prevales and the decision is overturned.
If not the NT may just be the thin end of the wedge.
