The ‘Blue Mud Bay’ Court decision found that waters over Aboriginal land are the same as ‘land’ under the Aboriginal Land Rights Act (ALRA) with similar access requirements. This means that ownership of the intertidal zone (including the waters) rests with the indigenous land trusts. This is significant as land granted under the ALRA encompasses over 80% of the NT coastline.

As a result of the decision, existing Fisheries legislation was ruled invalid in the area. Awaiting the High Court appeal, permits under the ARLA have been issued by the NLC to allow fishing to continue in line with previous conditions under the Fisheries legislation.

Traditional owners, commercial and recreational fishers are now actively discussing long-term options and solutions to this situation. If the appeal fails, the NLC offered a 12-month transition period whilst a satisfactory resolution is reached.

This is a unique situation in Australian fisheries and there is significant opportunities to discuss how best to progress the issues at Industry level. It was considered prudent to make contact with people who have extensive experience in incorporating indigenous fishing rights into the fabric of the day to day operations and management of fishing activities and to discuss possible implications arising from future proposals by NT Industry groups. A fact-finding trip, with a view to meeting and discussing issues with a range of groups in NZ, was considered the best course of action.

The trip will enable stakeholders to become aware of best practice resource management use that takes into account indigenous participation in commercial operations, along with recreational use of fish stocks.

The timing of the trip is critical to allow the delegation’s findings to be considered during the decision-making period immediately following the High Court ruling.