Stated Purpose:
This is an Act to provide for the conservation and management of the aquatic resources of the State, the management of fisheries and aquatic reserves, the regulation of fishing and the processing of aquatic resources, the protection of aquatic habitats, aquatic mammals and aquatic resources and the control of exotic aquatic organisms and disease in aquatic resources; and for other purposes. This Act supersedes both the Fisheries Act 1971 and Fisheries Act 1982.
This Act contains provisions allowing the Minister and native title groups to create aboriginal traditional fishing plans to manage aboriginal fishing in areas over which an ILUA exists. The Act also allows for the creation of regulations to restrict access to areas even where an aboriginal traditional fishing management plan is in place.
Relevant provisions:
s 3 Interpretation
aboriginal traditional fishing means fishing engaged in by an Aboriginal person for the purposes of satisfying personal, domestic or non-commercial, communal needs, including ceremonial, spiritual and educational needs, and using fish and other natural marine and freshwater products according to relevant aboriginal custom;
s 43 General nature and content of management plans
(1) A management plan must—
(a) be consistent with the objects of this Act; and
(b) be consistent with any relevant aboriginal traditional fishing management plan; and
s 60 Management of aboriginal traditional fishing
(1) The Minister and a native title group that is party to an indigenous land use agreement may make an aboriginal traditional fishing management plan under the agreement for the management of specified aboriginal traditional fishing activities in a specified area of waters.
(2) An aboriginal traditional fishing management plan under an indigenous land use agreement must—
(a) be consistent with—
(i) the agreement; and
(ii) the objects of this Act; and
(iii) any management plan under Part 5
that relates to the area of waters to which the plan applies; and
(b) include the management objectives of the plan; and
(c) specify the management tools and other measures to be used to achieve the management objectives; and
(d) identify the area of waters to which the plan applies; and
(e) identify any fisheries constituted in relation to those waters; and
(f) specify the classes of aboriginal traditional fishing activities that are authorised by the plan; and
(g) identify, or provide a mechanism for identifying, the classes of persons who are authorised to engage in aboriginal traditional fishing activities under the plan; and
(h) provide a method for determining how aboriginal traditional fishing activities may be distinguished from other kinds of fishing activities; and
(i) provide for any other matter relating to aboriginal traditional cultural fishing as required by the agreement.
(3) The Minister must cause notice of an aboriginal traditional fishing management plan made under an indigenous land use agreement to be published in the Gazette fixing the date on which the plan will take effect.
s 61 Availability and evidence of aboriginal traditional fishing management plans
(1) Copies of each aboriginal traditional fishing management plan must be kept available for inspection and purchase by the public during ordinary office hours at a place or places determined by the Minister.
(2) In legal proceedings, evidence of the contents of an aboriginal traditional fishing management plan may be given by production of a document certified by the Minister as a true copy of the plan.
(3) An apparently genuine document purporting to be a certificate of the Minister will be accepted as such in the absence of proof to the contrary.
s 128 Regulations relating to conservation and management of aquatic resources, management of fisheries and aquatic reserves and regulation of fishing
(1) Subject to this section, the Governor may make regulations for the conservation and management of the aquatic resources of the State, the management of fisheries and aquatic reserves and the regulation of fishing.
(2) Without limiting the generality of subsection (1), the regulations may—
(c) identify zones within an area of waters to which an aboriginal traditional fishing management plan applies—
(i) to which entry by persons other than Aboriginal persons is restricted or prohibited;
(ii) within which fishing activities other than aboriginal traditional fishing activities are restricted or prohibited;
(d) require persons who engage in aboriginal traditional fishing activities, or aboriginal traditional fishing activities of a specified class, to hold a permit issued by the Minister and regulate the granting and renewal of permits, and the imposition of conditions on permits;
(3) The Governor may only make regulations relating to aboriginal traditional fishing on the recommendation of the Minister.
(4) The Minister may recommend the making of regulations relating to aboriginal traditional fishing if—
(a) the Minister is satisfied that the regulations are necessary or desirable for the purpose of giving effect to an aboriginal traditional fishing management plan made with a native title group under Part 6 Division 2; and