North Australian FISH FINDER TM forums

Northern Land Council extends waiver over intertidal zone

NLC Press Release

The Northern Land Council has agreed to extend for one year a waiver under the Aboriginal Land Act
which will allow unrestricted access by fishers to the intertidal zone around the Northern Territory.
The waiver gives certainty for another year to the commercial sector to be able to continue fishing in the
intertidal zone under their existing licences.
The High Court in 2008 decided that the intertidal zone is Aboriginal land.
All fishers already have unrestricted access to seven “high value” recreational fishing areas where
agreements between Traditional Owners and the Northern Territory Government have been negotiated.
Without a continuing waiver over the rest of the intertidal zone, recreational fishers would need to
obtain permits, and commercial operators would need to secure agreements under the Land Rights act to
be able to operate legally.
Beyond those areas where agreements have been made, the NLC has this year conducted extensive
consultations with Traditional Owners to ascertain their views about access to the intertidal zone and
management of their sea country.
The NLC’s Full Council, meeting in Tennant Creek this week, was told that all Traditional Owners
consulted wanted to control access to their intertidal areas, and some communities were opposed to
extending a permit waiver.
The Full Council accepted that the NLC would not be able to have a strong permit and licensing system
in place by the end of this year, when the current waiver is due to expire.
The new waiver will allow the NLC time to build an effective permit system and to commence
negotiations with commercial fishers for them to continue operating in the intertidal zone.
NLC CEO Joe Morrison said Traditional Owners delivered a strong message during consultations this
year that they wanted a real role in managing the Northern Territory fisheries for all Territorians. They
wanted local management plans to be developed and for the NLC to negotiate with the NT Government
on legislative and policy changes.
“The NLC will continue to work cooperatively with the Northern Territory Seafood Council, the
Amateur Fishermen’s Association of the Northern Territory and the NT Guided Fishing Industry
Association,” Mr Morrison said.
ENDS

from AFANT

MEDIA RELEASE
The Next 12 Months are Critical for Access Negotiations to Key Intertidal Fishing Areas
The Amateur Fishermen’s Association of Northern Territory (AFANT) has welcomed the decision by the NLC Full Council earlier in the week, to extend the waiver for permit-free access to Indigenous owned intertidal waters for a further 12 months, until December 31 2018. It warns however, that additional extensions appear highly unlikely, and the months ahead are now a critical time to determine certainty of access to some of the Territory’s most iconic fishing areas - for tens of thousands of recreational fishers.
AFANT have participated in the NLC’s Sea Country Negotiating and Consultative Committee throughout 2017. This has enabled better dialogue and understanding between Traditional Owners, AFANT, Fishing Tour and Commercial representatives, as well key NTG departments. The NLC have explained that the most recent extension has been granted to enable them time to develop an effective permit system.
In light of the proposed permit system’s introduction looming a little more than 12 months away, AFANT Executive Officer David Ciaravolo has welcomed NT Fisheries Minister Ken Vowles’ statement that the Government has now identified the Lower Finniss River, Roper River and the Mini Mini Murganella area, as priorities for negotiating long-term permit free access. “The statement from the Minister indicates that the Territory Government has heard us and understands the issues important to tens-of-thousands of people who recreationally fish each year.
“The lower Finniss and Roper Rivers in particular, are some of the most iconic and important recreational fishing areas in the Territory.
“Throughout negotiations, and in direct meetings with the NLC and the Minister, -AFANT have continued to raise the potential for mutually beneficial, permit-free access agreements in these key areas.
“We respect the Traditional Ownership of intertidal zones, as well as the rights and values of its owners, - we hope that offers can be put on the table that recognise those rights and simultaneously satisfy the aspirations of the recreational fishing community” he said.
In 2008 The High Court’s Blue Mud Bay decision granted ownership to the intertidal zone adjoining Aboriginal land. Fishers currently have permit-free access to five “high value” recreational fishing areas where agreements between Traditional Owners and the Northern Territory Government have been negotiated.
[Ends]
Media Contact:
David Ciaravolo Executive Officer, AFANT
8945 6455 or 0415 471 600
www.afant.com.au