News
NSW Government Recognises Aboriginal Cultural Fishing as a Legal Right
4 December 2009Two of the State’s peak Aboriginal organisations have welcomed reforms in the NSW Parliament which formally recognise Aboriginal Cultural Fishing as a legal right.
The reforms, which passed through the Legislative Council last night, will be welcomed by all Aboriginal people in New South Wales, the Chairperson of the New South Wales Aboriginal Land Council, Ms Bev Manton, and Chairperson of NTSCORP Limited, Michael Bell said today.
Both organisations have been involved in negotiations with the Minister for Primary Industries, Tony Kelly and the Department of Industry and Investment NSW to amend the Fisheries Management Act 1994 to recognise Aboriginal cultural fishing,
“Minister Kelly agreed to amend the original Bill as a direct result of these negotiations,” Ms Manton said today.
“He should be commended for doing so as these have ultimately improved the rights of Aboriginal fishers in NSW,” she added.
Mr Bell said Aboriginal people would now have stronger legislative rights than they have ever had before.
The changes would bring NSW into line with other States and Territories.
“Our concern was always to ensure that Aboriginal People did not continue to be prosecuted for undertaking their inherent right to fish,” he added.
“The Act now acknowledges that fishing for the Aboriginal community is an imperative part of culture, encompassing spiritual, social and customary significance.”
One of the key changes is that an Aboriginal person will now be authorised to fish within the Act’s definition of Aboriginal Cultural Fishing, without the need to apply for a fishing permit or to pay a fee.
This applies to both freshwater and saltwater fishing activities. New regulations will make provision for the management of Aboriginal cultural fishing.
Ms Manton and Mr. Bell said the new law was a culmination of many years of hard work by NTSCORP, NSWALC and other Aboriginal organisations and individuals.
These included Danny Chapman, Stephen Ryan, Mick Leon, the Department’s Aboriginal Reference Group, Local Aboriginal Land Councils and Traditional Owner groups.
The amendments have also paved the way for the Minister to establish an Aboriginal Advisory Council.
The Council will play a key role in advising the Minister on all Aboriginal fishing issues.
Ms. Manton and Mr Bell said the changes were just the beginning.
“Much hard work still remains to be done,” they added.
“We will need to continue to work closely with the Government on the management regime for the Regulations which will be crucial in cementing the gains for our people.
“The Minister has shown real leadership and we are looking forward to keeping up the momentum in relation to the development of the Regulations and the Aboriginal Advisory Council.
“We look forwarded to extending our discussion to Marine Parks and establishing Aboriginal commercial fishing opportunities in NSW.”
The collaboration between NTSCORP and NSWALC has been conducted under the terms of a Memorandum of Understanding between the two organisations which was signed in October 2009.
Media Contact NSWALC: Roy Tatten 0419 777592
Media Contact NTSCORP: Rana Koroglu 0448 444 417
Attorney-General's speech at Negotiating Native Title Forum
The Attorney General, the Hon. Robert McClelland, MP, used the recent Negotiating Native Title Forum conference in Brisbane to outline his vision for the future direction of the operation of the Native Title Act (c1993). In his speech the Attorney General spoke in broad terms of the need to negotiate rather than litigate outcomes under the Act. The speech was viewed in a very positive manner by ntscorp management and by representatives of NTRB's and NTSP's throughout the country.View Robert Mcclellands Speech
Native Title determination secures Githabul rights
29 November 2007Githabul Native Title recognition by Federal Court
Embargo 3.00am EST Thursday 29 November 2007
The Federal Court is set to recognise an historic native title agreement reached between the Githabul people and the NSW Government. The historic consent determination recognises the Githabul people’s native title rights and interests in northern NSW. The Federal Court will hold a special court hearing at Woodenbong Showground. It is expected that this hearing will ratify an agreement reached earlier this year between the Githabul People and the NSW State Government. The Queensland Government is yet to reach agreement with the Githabul People.
The claim, which was first lodged in the Federal Court in 1995, covers native rights and interests in over 1,120 sq km in nine national parks and 13 state forests. It will also recognise non-exclusive native title rights to access the area for (among other things) spiritual purposes, fishing, hunting, and to protect places of importance to the Githabul people.
Ntscorp* CEO Mr Warren Mundine, said that the agreement finalised a long-standing negotiation process that began in 1995. He also said that as the principle funding organisation for native title in NSW, the company was proud of the consent determination. “It has taken twelve long years for this agreement to be reached. I congratulate the Githabul people for their faith and tenacity. I also congratulate the NSW Government’s long-awaited recognition that this land is Githabul land. Two hundred years of European occupation has not led to the destruction of their community and culture.”
The agreement will also provide employment opportunities to the Githabul people. The Githabul people will also be consulted over the management of 11 national parks and 13 state forests. 102 hectares of crown land will also be transferred in freehold to the Githabul Nation Aboriginal Corporation.
North Coast native title agreement lays foundation for the future
8 February 2007The Bundjalung people of Byron Bay today signed off on an agreement with the NSW Government that will deliver real benefits to the local community.
An Indigenous Land Use Agreement (ILUA) was today signed by Aunty Linda Vidler, an elder of the Bundjalung People of Byron Bay and the NSW Premier the Hon. Morris Iemma, at a ceremony at the Cape Byron Lighthouse. Today’s sign-off builds on a previous agreement signed in 2001.
Today’s agreement includes the transfer of approximately 124 hectares of crown lands into the Bundjalung National Park. The park is managed in partnership with the Bundjalung People of Byron Bay and funding has been allocated for ongoing training and employment.
The agreement also includes the transfer of freehold land and the Broken Head Caravan Park to the Byron Bay Bundjalung Corporation and the latter will develop training and employment opportunities in tourism and construction.
The agreement also acknowledges that the Bundjalung people of Byron Bay are the original inhabitants of the area which was settled by Europeans in the early 1850’s.
NSW Native Title Services (NSWNTS) CEO, Mr Warren Mundine, today welcomed the deal which has come as a result of negotiations between both parties and NSWNTS.
“Agreements such as these are pivotal to the Native Title process.” Mr Mundine said.
“As well as the delivery of real jobs and real benefits, the acknowledgment of the Traditional Owners and their connection to their country cannot be underestimated.” He added.
Respected elder Aunty Linda Vidler was proud to take part in today’s celebrations although they have come too late for her sister’s who will be remembered at today’s ceremony. She said that they marked a turning point in a fourteen year campaign to see her people’s lands and customs formally recognised and gave the younger generation hope for a better way of life.
“We are pleased that the NSW government recognises that this is our country and have worked long and hard to make this day happen.” Mrs Vidler said.
“Fourteen years is a short time in the history of my people but to secure our rights and a brighter future for our families makes it worth the effort.” She added.
Native Title determination secures Githabul rights
29 November 2007Githabul Native Title recognition by Federal Court Embargo 3.00am EST Thursday 29 November 2007
The Federal Court is set to recognise an historic native title agreement reached between the Githabul people and the NSW Government. The historic consent determination recognises the Githabul people’s native title rights and interests in northern NSW. The Federal Court will hold a special court hearing at Woodenbong Showground. It is expected that this hearing will ratify an agreement reached earlier this year between the Githabul People and the NSW State Government. The Queensland Government is yet to reach agreement with the Githabul People.
The claim, which was first lodged in the Federal Court in 1995, covers native rights and interests in over 1,120 sq km in nine national parks and 13 state forests. It will also recognise non-exclusive native title rights to access the area for (among other things) spiritual purposes, fishing, hunting, and to protect places of importance to the Githabul people.
Ntscorp* CEO Mr Warren Mundine, said that the agreement finalised a long-standing negotiation process that began in 1995. He also said that as the principle funding organisation for native title in NSW, the company was proud of the consent determination. “It has taken twelve long years for this agreement to be reached. I congratulate the Githabul people for their faith and tenacity. I also congratulate the NSW Government’s long-awaited recognition that this land is Githabul land. Two hundred years of European occupation has not led to the destruction of their community and culture.”
The agreement will also provide employment opportunities to the Githabul people. The Githabul people will also be consulted over the management of 11 national parks and 13 state forests. 102 hectares of crown land will also be transferred in freehold to the Githabul Nation Aboriginal Corporation.