The NSW Aboriginal Fishing Rights Group is calling on the State Government to end uncertainty for indigenous communities whose members are still facing prosecution for exercising their cultural fishing rights.
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NSW Greens MLC Justin Field unsuccessfully attempted to move a motion in formal business in the NSW Parliament this week calling on the Government to enact section 21AA of the Fisheries Management Act that would enshrine cultural fishing rights in law in NSW. The Government did not allow the motion to be supported.
Mr Field said the section was originally passed by the Parliament in 2009 but was yet to be enacted meaning ongoing anxiety for many Aboriginal families who continue to be threatened with fines and prosecution for pursuing cultural fishing, adding that about 500 regulatory notices had been served on members of the Aboriginal community on the South Coast alone.
“It’s a scandal that Aboriginal families have been left in this situation,” said Mr Field, Greens marine and fisheries spokesman. “Seven years ago the people of NSW – through the Parliament – said they wanted to recognise the role cultural fishing plays in the life of Aboriginal people and ensure cultural fishing rights were recognised.
“It’s gone on long enough. I’m calling on the Government and the Minister Niall Blair to end the uncertainty, enact the law passed by the parliament and then work with Aboriginal communities to develop local plans to support cultural fishing including for economic development.
“The government is spending huge amounts of time and resources engaging with commercial fishers over the current commercial fishing reform process and that is important, but why are Aboriginal communities still waiting after six years to have their cultural fishing rights clarified?”
But a spokesperson for the Minister for Primary Industries, Lands and Water, Niall Blair, said the Government was committed to progressing Aboriginal cultural fishing arrangements.
“Trialling of local management plans is currently being looked into as a way forward. The plans are intended to provide for cultural fishing activities with recognition of local community needs. Interim cultural fishing arrangements remain in place ensuring the protection and promotion of access whilst other measures are developed.”
South Coast Aboriginal Fishing Rights Group chairman Wally Stewart is disappointed by the lack of action in Parliament so far.
He said fishing provided not only provided potential employment for young people and nourishment for elders, it was part of the local Yuin people’s cultural identity.
“We have been waiting since 2009 for this. Meanwhile many of our people live below the poverty line on the South Coast,” Mr Stewart said.
“Not being able to fish according to our cultural rights means we cannot properly care for our community. This is a vital source of not only culture but also nourishment and we need this uncertainty to end today.”
“We need 21AA enacted and we need it without regulations because there has been exactly one-and-a-half hours consultation from the Fisheries Department with us and there is no way you can begin to understand what cultural fishing means to us, or how to do it properly, in that space of time.”
The full text of the motion is as follows:
- 1. That this house notes:
- a. the NSW Parliament recognised the spiritual, social and customary significance to Aboriginal persons of fisheries resources and to protect, and promote the continuation of Aboriginal cultural fishing in 2009 through amendments to the Fisheries Management Act 1994,
- b. six years later the Government is still yet to commence the relevant sections,
- c. the act allows for regulations to be made under this section with appropriate consultation with the Aboriginal community,
- d. without the commencement of these sections, Aboriginal people in NSW still face uncertainty about the regulation of cultural fishing rights and face potential investigation and prosecution for exercising these rights as a result of this uncertainty.
- e. the recent report by the Legislative Council Standing Committee on State Development on Economic Opportunities for Aboriginal People in NSW found that proclamation of section 21AA of the Fisheries Management Act 1994, may assist individuals to support economic development in their communities.
- f. recommendation 39 of the report recommended that the NSW Government proclaim section 21AA of the Fisheries Management Act 1994.
- 2. That this house
- a. calls on the NSW Government to support the Committee Recommendation and without regulations immediately commence Section 21AA of the Fisheries Management Act to give certainty to aboriginal people in NSW about their cultural fishing rights and support economic development opportunities for aboriginal people in NSW, and
- b. work with local Aboriginal communities to develop local management plans