Stated purpose:
The bill is an Act to amend the Fisheries Management Act 1994 to make further provision with respect to the management and regulation of recreational fishing and to establish a Recreational Fishing Authority.
Native title implications:
The bill will establish an Aboriginal fishing trust fund to provide a transparent accounting mechanism for any incoming funds and expenditure associated with enhancing Aboriginal fishing.
At present, permits issued under section 37 of the Act, which include permits for Aboriginal cultural fishing purposes, can only be issued to an individual, but they can authorise others in addition. The proposed amendments expand the existing permit provisions by enabling the Minister to make an order authorising groups of people to undertake activities that are otherwise unlawful.
Section 37(9) provides that the Minister is not to grant an approval for Aboriginal cultural fishing if it would be inconsistent with native title rights and interests under an approved native title determination under the Native Title Act 1993.
Additionally, subject to future policy developed in consultation with relevant advisory groups, the bill provides for the reissuing of forfeited or surrendered shares that could, for example, be used to enhance Aboriginal participation in the commercial fishing industry.
For further information, please see the Explanatory Note.