North Australian FISH FINDER TM forums

Hi FFFer's, just found out this today. Should be a media release to follow soon.

Southern end of Fog Bay and Peron islands? Way to go separating society.

That's only to land on the Perons, nothing has changed there. Fishing is still open all through that area.

Well, that's just unclear.

On this map, there are no exclusions in place around Bynoe harbour, Quail island, Tapa Bay, etc. Yes, I see that there is a reference to the Kenbi map, but there are areas shown green which means "Acess Permitted".

All of the Finniss is now accessible. You can now land on the southern side of the Daly (I thought that was previously excluded but might be wrong on that).

Is access allowed on the Eastern bank of the East Alligator? From this map, I would assume that areas not highlighted are not subject to NLC jurisdiction, just like Chambers Bay and the Adelaide river.

You now need a permit to fish the 'íntertidal' zones around the Perons

Happy for a permit system that is well run and fair. The owners of these areas should have the right to cancel/ban permits for people who leave rubbish or disrespect their land. It has to be a quick and reasonable process to get a permit though.

I wonder if the upper tidal limits of the Finniss are now open again? It is technically tidal way up to the runoff creeks...

dannett wrote:Well, that's just unclear.

On this map, there are no exclusions in place around Bynoe harbour, Quail island, Tapa Bay, etc. Yes, I see that there is a reference to the Kenbi map, but there are areas shown green which means "Acess Permitted".

All of the Finniss is now accessible. You can now land on the southern side of the Daly (I thought that was previously excluded but might be wrong on that).

Is access allowed on the Eastern bank of the East Alligator? From this map, I would assume that areas not highlighted are not subject to NLC jurisdiction, just like Chambers Bay and the Adelaide river.

It isn't really great at being clear. The following is my understanding:

The "access permitted" for Bynoe Harbour means that the NTG and NLC have agreed to a permit system in which the NTG pays a sum for individual, permit "free" access, that being the Kembi Open Area. We the tax payer are still paying for it one way or another.

From my reading of the map, the entire Finniss river is off limits unless you obtain a permit to fish it. That permit includes the inter-tidal zone up the river to a certain point and down towards the Peron Islands, including the inter-tidal zones of the Person Islands. I don't know about fishing further up the Finniss or even the fresh side of the Finniss as to me, there's Aboriginal Land covering the length of the river and in the NLC statement you need permission, i.e. a permit of some sort, to access said land.

As for the 'southern side of the Daly', the same "Access Permitted" system like Bynore Harbour exists. The NTG are paying the Land owners for individual, permit "free" access. This permit system is the Malak Malak inter-tidal fishing agreement and it exists until 30 June 2032 or until it's re-negotiated.

In regards to the East Alligator, my guess would be that you cannot fish from the bank as again you need to go through Aboriginal Land to access the river. However, if there is public access through the Kakadu National Park then maybe you can fish from the bank. Hopefully someone can clarify that for certain.

For the areas that are not highlighted I would agree with you that they are not under any requirements for access.

As a side note, it's interesting to see that the "Access Permitted" area for the Mini Mini system (Iwaidja Armurduk agreement) will expire on 30 June 2017. So only a six odd months for anyone to access that fisheries unless another agreement is made.

Cathie wrote:You now need a permit to fish the 'íntertidal' zones around the Perons

O.K Cathie, where does the intertidal zone around the Perons start and finish? Yep, Nada, nobody can point to this ghost that we hear so much of.

Remember, it's intertidal zones that overlie aboriginal land, if it doesn't dry, it don't count.

c9h14n wrote:Remember, it's intertidal zones that overlie aboriginal land, if it doesn't dry, it don't count.

Close. The high court ruled it only counts if it dries. The water over land that dries is exempt and Aboriginal land owners / councils do not have authority over that water.

Have a read of the court orders. We discussed it a little while ago on the second page of the thread below. Link to the orders is ont he first page.
http://fishingterritory.com/going-fishing-f10027/bathurst-permits-t35888.html

Hi All, All Australians own the Seas, Rivers, Water Ways around Australia, We are all traditional fisherman,
Who have a Right to go Recreational fishing/Boating, Rights of Navigation and catch a fish for Dinner. Just as we all have a Right to Join the Defense Force to Protect and Defend this Great Country of Ours.

The Blue Mud Bay decision of the High Court ruled that aboriginal land extended out to the low tide mark. LAT being Lowest Astronomical Tide mark.

The "buffer zone" referred to was the original one included in the 1976 Lands Right Act proposed by Prime Minister "Cough-Drop" Whitlam.

Cough-Drop got the sack before the Act became law, and the new Prime Minister Malcom Fraser reduced the buffer zone concept to 2 km (Cough-Drops" proposed buffer zone was much larger) and gave the power to enact/govern it to the NT Govt.

Here's the Blue Mud Bay High Court decision. Govt.http://www.austlii.edu.au/au/journals/I ... 08/27.html

The other decision of the High Court was that while a common law right to fish does usually exist, that right is not applicable if a State has cancelled it. The cancellation immediately happens if the particular State passes a Fisheries Act. And every State has done that so the Common Law right to fish DOES NOT exist in Aus.

Navigation rights are a bit different.

If somebody wants to see that bit, yell out and I'll put it up.

There are a few questions raised by those NLC maps but they seem to be a genuine effort to take some of the mystery out of access etc. They must receive hundreds of enquires with people confused about what types of access exist in various places. But I guess if you are going to control access/ownership of vast swathes of land then one of the necessities is having an administrative support system to handle those enquiries.

Here it is anyway.

Common law right to fish.

Check sections 19 to 31. The right to fish doesn't exist in Aus.

http://www.austlii.edu.au/au/cases/cth/HCA/2008/29.html

Intertidal zones...these might help, the green is considered the intertidal zone...but can be very confusing...but at least this may give you some idea..hope this might help...forgot to mention that the green area is based on the mean high and low as the arrow at the end of the diagram below indicates....it can go a bit higher and a bit lower in the tides..so how it can be policed properly is anyones guess.

Fruity wrote:Hi All, All Australians own the Seas, Rivers, Water Ways around Australia, We are all traditional fisherman,
Who have a Right to go Recreational fishing/Boating, Rights of Navigation and catch a fish for Dinner. Just as we all have a Right to Join the Defense Force to Protect and Defend this Great Country of Ours.

Nah! You seem to have mixed up the bill of rights in the good ol USA with our 'no rights to do anything' policies here.
if you are a TO, then yes you can fish anywhere but ....