North Australian FISH FINDER TM forums

So, the minister is either giving away public land (seas) that is not ownd by the Tiwi Islanders (without public consultation) or he has been so poorly informed, he has been bluffed into announcing something that is not lawful. Or, they are just trying to pull the wool over our eyes.

Thoughts?[/quote]

Agree.
Also, I just cant see how they will actually go about enforcing the changes without any means of identifying us.

nomad wrote:So, the minister is either giving away public land (seas) that is not ownd by the Tiwi


Also, I just cant see how they will actually go about enforcing the changes without any means of identifying us.

Are you serious? Just because boats don't have registrations... A photo from a phone, iPad, go-pro, etc plaster on social media will identify any clown doing the wrong thing.

Out of curiosity, did we even need permits to go to the Vernon's before this agreement?

The answer is.....NO. And if the wider fishing etc community don't stand up to this it will become a precedent and you will find that more and more will become locked out due to 'contracts' that are not representative of any lawful decision. You have been warned. Consider this, the owners of all the properties at channel point enter into an agreement with the traditional owners of Bulgul to have exclusive rights to the Peron Islands and all its surrounds (according to blue mud bay). Now under the current agreement with the Tiwis that would include the Channel and out to whatever they decide. And that would all be kosher?

It's time for a fight.

Not a surprising outcome and there're probably more agreements to come as this agreement only applies to the TIWIs.

I haven't seen much detail on the negotiations between the Tiwi Land Council and the NT Govt.

However, it does now seem that an agreement has been reached with respect to access (by people other than TOs) to inter-tidal waters around the TIWIs. TO control of inter-tidal waters was determined by the High Court in 2008 (Blue Mud Bay).

There always has been the potential to extend that TO control of inter-tidal waters by the use of a 2 km buffer zone from the mean low water mark. (Aboriginal Land Rights Act 1976 section 73)

THAT lawful extension ability was given to the NT Govt in that Act in 1976 (38 years ago).

On face value, the price paid by NT fishermen for access to the inter-tidal zone (apart from funding payments) is that the NT Govt has extended the area of TO control of waters.

NT fishermen have regained something lost a couple of years ago yet lost something new at the same time.

Further agreements with TOs about similar access will cost more as the agreements are on an area by area basis.

The Fed Govt's land rights architect was Gough Whitlam and the intention was to have a much bigger buffer zone but the incoming Fraser Govt reduced it to 2 km and then made any 2 km extension a decision of the NT Govt.

Getting very complicated just to go fishing in NT.

I think this is the bit of legislation that allows for the changes if you are interested.

ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - SECT 73

Reciprocal legislation of the Northern Territory

(1) The power of the Legislative Assembly of the Northern Territory under the Northern Territory (Self-Government) Act 1978 in relation to the making of laws extends to the making of:

(d) laws regulating or prohibiting the entry of persons into, or controlling fishing or other activities in, waters of the sea, including waters of the territorial sea of Australia, adjoining, and within 2 kilometres of Aboriginal land, but so that any such laws shall provide for the right of Aboriginals to enter, and use the resources of, those waters in accordance with Aboriginal tradition;


Good luck.

Where can I get a map that shows where I can and can't go?

If fishing offshore on the west coast there is no overnight anchorage that is safe, Port Hurd was a good safe anchorage for vessels fishing off shore but now there is nowhere to go when a storm hits.

I think there are anchorages on the map, but if it really blows they can't stop you seeking shelter, even if they could I doubt they would be bl..dy minded about it

Matt,
We asked about the base as we had heard rumours and got told thats is where it looks like it will go, if it happens. The government is pushing a lot of ideas on the islands here really hard but the problem is the land council telling them that everyone here on the island agrees with them, there is no public consultation, you may have seen some articles in the papers about this.My wifes family found out about their land area being leased to the government through the Australian Newspaper not the land council or TO's.

Just saw a map on AFANTS FB page showing the map, looks like more parts have been opened up than we had previously. I believe that everything from Camp Point around the top to Fourcroy was closed off but now it has shifted upwards on the eastern side and Dudwell creek area is also opened

Yes, it is a larger area, that much is good news. The bigger picture is the worry.

Shame about the process Cozzy0011, I have often wondered how the land council and the locals interacted, if locals wanted something that their land council didn't then how it would be resolved.

ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - SECT 73

Reciprocal legislation of the Northern Territory

(1) The power of the Legislative Assembly of the Northern Territory under the Northern Territory (Self-Government) Act 1978 in relation to the making of laws extends to the making of:

(d) laws regulating or prohibiting the entry of persons into, or controlling fishing or other activities in, waters of the sea, including waters of the territorial sea of Australia, adjoining, and within 2 kilometres of Aboriginal land, but so that any such laws shall provide for the right of Aboriginals to enter, and use the resources of, those waters in accordance with Aboriginal tradition;

Why did you cut and paste Ronje information that he kindly provided us?

The Tiwi map is already on this thread - a very clear version too

It doesn't matter anyway as the best fishing is more than 10kms offshore well outside the areas everyone is fighting over.