North Australian FISH FINDER TM forums

The organisation that introduced the legislation allowing all of this to happen, was the federal govt in early 70s . Gough Whitlam introduced the NT Land Rights Act and then got voted out. His original legislation included a buffer zone extending well out past the water boundary. Malcom Fraser cut the buffer zone out of the legislation and brought it back to the high tide mark (or so he thought) when his Govt eventually passed it in 1976.

The Blue Mud Bay High Court decision said that the water boundary was the LOW water mark (not the high water mark) That meant the inter-tidal zone as well was classed as tribal land.

Any activity on tribal land had to be subject to an agreement with the traditional owners. That included fishing access (commercial and recreational).

The NLC negotiates on behalf of the traditional owners but one could be pardoned for thinking the tail was actually wagging the dog at times.

ronje wrote:Any activity on tribal land had to be subject to an agreement with the traditional owners. That included fishing access (commercial and recreational).

Ronje, I recall that when we looked at the outcome of the appeal lodged against the NT Government by the NLC with regards to the Kenbi Land Claim that, the High Court (or at least one of the judges on it) ruled that the intent of the Aboriginal Land Rights Act of 1976 was not to infringe upon the common man's right to go fishing and access waterways including this inter-tidal zone. (The links to this are in one of the older discussions on this site).

It was for a different reason (one I can't recall) for which the High Court whilst ruling against the appeal instructed the NLC and the Northern Territory Government to negotiate the terms to resolve the Kenbi Land Claim which may include access to the inter-tidal zone. It was following this decision that the preliminary map was released.

This decision was based upon the fact that the Aboriginal Land Rights Act of 1976 did not contain a definition that included the sea, rivers, nor inter-tidal zones but it was reasonable for the NLC to infer that it included such regions because it was reasonable to assume that if a billabong lied upon Aboriginal Land that the water bed (which may dry) would be considered part of said Aboriginal Land.

I know that we've had discussions previously about the NTALR Act 1976 on another thread. I was going from memory of a few years ago.

But one thing that was talked about by posters at that time was the incorrect belief that people had a common law right to fish. People still believe it about Qld too.

However, the introduction of the NT Fisheries Act in mid/early seventies(?) and NOT the NTALR Act 1976 had already extinguished that common law right so it no longer existed when the Blue Mud bay stuff was being played out.

I've still got the findings of those High Court judges wrt Blue Mud Bay tidal waters. Don't think that the decision was unanimous but a majority view. Can post it as an attachment on here (I think) if anybody wants it.

Don't know much about the Kenbi claim. Maybe I'll look it up perhaps.

Here it is as attached.

7 High Court judges involved: Gleeson, Gummow, Hayne, Crennan, Kirby, Heydon and Kiefel. First 6 concurred. Kiefel dissented.

Joint reasons by Gleeson, Gummow, Hayne and Crennan in paras 1-62.

Kirby agreed but with separate reasons paras 63-75.

Heydon also agreed but with separate reasoning paras 76-109.

Kiefel disagreed with reasoning paras 110 - 162.

The Kenbi claim must be about something else as there was a lot of ground covered in the Blue Mud Bay deciosions and precedents set.

Had a look.

Obviously the outcomes were not what a lot of NT fishermen wanted or expected.

Looking at the map itself, my first reaction was that there was too much data in it. 8 different categories of access arrangements of different colours makes for information overload.

Perhaps a simple map for fishermen ( fishing being the most popular public activity undertaken within the Trust area?) outlining what fishermen CAN DO rather than what fishermen CANT DO would be more useful and understandable.

Some of the CANT DO areas may end up CAN DO under a subsequent permit system as suggested previously. I wouldn't be confident about that happening. The NLC no doubt had to argue forcibly about the

importantance of including a lot of these areas in the CANT DO category to later turn around and say that permits can now be issued.

The Fed Govt laid down the framework with the ALR(NT) Act of 1976 and refining the access controls was left to the NT Govt (representing the people of the NT), the NLC (representing traditional owners) and the NT Aboriginal Areas Protection Authority.

The NT Govt would have included NT fishermen in its umbrella and the NT fishermen's voice to the NT Govt was mainly via AFANT.

So if NT fishermen aren't happy about their voice/s not being heard then perhaps they should be looking closer to home about the effectiveness of representation. To be fair, its not ALL about the effectiveness or

otherwise of AFANT but that's another story.

As a Qlder, I'm grateful for one thing though. That we don't have the a similar legal "spaghetti junction" system of access here.

Supposed to be some updated maps which give better detail on where access is restricted
Being added to NLC website today

Map ... https://www.nlc.org.au/visiting-aboriginal-land/kenbi

Funny, all those spots in and just outside Tapa Bay and along Point Margaret were faves, I would fish the deep reefs in Thrings Channel and out towards Fish Reef, then come in for some shallow fishing around Point Margaret, could troll up jacks, snapper, cod, trout, blue salmon, barra, trevs, queenfish etc along the rocks.

Mate got a huge mack trolling just a little wide of the rocks.

Was anchored in close to Pt Margaret one day throwing bits of food overboard and could see the fish under the boat. Wonderful area. Guess I'm not the only one who valued it. Never saw anyone else tho, aside from in Tapa, most people fished out wide.

Matt Flynn wrote:Map ... https://www.nlc.org.au/visiting-aboriginal-land/kenbi

Funny, all those spots in and just outside Tapa Bay and along Point Margaret were faves, I would fish the deep reefs in Thrings Channel and out towards Fish Reef, then come in for some shallow fishing around Point Margaret, could troll up jacks, snapper, cod, trout, blue salmon, barra, trevs, queenfish etc along the rocks.

Mate got a huge mack trolling just a little wide of the rocks.

Was anchored in close to Pt Margaret one day throwing bits of food overboard and could see the fish under the boat. Wonderful area. Guess I'm not the only one who valued it. Never saw anyone else tho, aside from in Tapa, most people fished out wide.

I am not happy....I have been a land rights proponent over the years....but I don't feel like I can do that anymore....