This Act amends the Fisheries Management Act 1994 (NSW) to provide special provisions for Aboriginal cultural fishing.
The following section is inserted:
21AA Special provision for Aboriginal cultural fishing
An Aboriginal person is authorised to take or possess fish, despite section 17 or 18, if the fish are taken or possessed for the purpose of Aboriginal cultural fishing.
The authority conferred by this section is subject to any regulations made under this section.
The regulations may make provision for the management of Aboriginal cultural fishing as authorised by this section.
Without limiting the above, the regulations may:
prescribe the circumstances in which the taking or possession of fish by Aboriginal persons for the purpose of Aboriginal cultural fishing is authorised by this section, and
specify restrictions as to the quantity of fish of a specified species or of a specified class that may be taken by or be in the possession of Aboriginal persons for the purposes of Aboriginal cultural fishing as authorised by this section.
The Minister must not recommend the making of a regulation under this section unless an advisory council for the Aboriginal sector of the fishing industry has been established under section 229 and the Minister certifies that the advisory council has been consulted on the proposed regulation.
A person does not commit an offence against section 17 or 18 in respect of the taking or possession of fish if the taking or possession of the fish is authorised under this section.
This section does not prevent the issue of a permit under section 37 for Aboriginal cultural fishing purposes.
This section does not authorise an Aboriginal person to do anything that is inconsistent with native title rights and interests under an approved determination of native title (within the meaning of the Native Title Act 1993 of the Commonwealth) or with the terms of an indigenous land use agreement (within the meaning of that Act).