NSW Traditional Owners slam 'draconian' fisheries change which could 'criminalise' cultural rights

Giovanni Torre
Giovanni Torre Published November 4, 2022 at 1.24pm (AWST)

Indigenous leaders in New South Wales have condemned "draconian" proposed changes to fisheries management which they say criminalise Aboriginal people's cultural rights to fish.

The Fisheries Management Amendment (Enforcement Powers) Bill 2022 seeks to expand search powers and the definition of a premise to include a beach, trail, track, rock platform, and riverbank.

NSW Aboriginal Land Council chairman Danny Chapman said the "draconian" measures had been snuck in for the last sitting of Parliament before the next state election.

"These proposed changes are a broad expansion of powers, particularly search powers, for fisheries officers, which will disproportionately impact Aboriginal peoples," he said.

"It is a clear example of over-reach of powers already being abused.

"We strongly disagree that these enforcement powers, as the Government argues, are proportionate, appropriate and fit-for-purpose."

NSWALC said Indigenous people had not been consulted properly on the proposal.

https://www.nit.com.au/nsw-land-council-urges-end-to-traumatic-prosecution-of-cultural-fishing/

NTSCorp chief executive Natalie Rotumah said the amendments would pre-empt the outcome of an inquiry into fisheries management which heard evidence officers often targeted Aboriginal people.

"Aboriginal People in New South Wales have a strong connection to our land, seas and waterways, including through the traditional practice of cultural fishing," she said.

"This legislation represents a widening of the Gap, rather than a Closing of the Gap."

"Section 21AA was introduced to recognise and protect Aboriginal cultural fishing and to ensure cultural practices were not criminalised. The fact that such a protective measure has still not commenced almost 13 years later is an indictment."

Ms Rotumah said regulations introduced more than one decade ago to protect Aboriginal cultural fishing rights were still not being implemented.

NSW Agriculture Minister Dugald Saunders said the government was committed to sustainable management of fisheries resources.

"These clarifications do not change how our Fisheries Officers undertake their compliance operations or increase their powers," he said.

"It simply removes the ambiguity regarding the enforcement powers that can be exercised by Fisheries Officers to allow them to undertake their important work and to provide certainty to fisheries sectors and the community.

"The changes will not impact Aboriginal people practicing cultural fishing or fishing activities pursuant to Native Title."

Mr Saunders said officers were trained in native title legislation.

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