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New South Wales act
This amendment adds a rule that allows Aboriginal people to take or possess fish for Aboriginal cultural fishing even though general fisheries prohibitions exist, while leaving detailed limits to regulations. It requires consultation with an Aboriginal fishing advisory council before regulations are made, preserves existing permit processes, and does not override native title or Indigenous land use agreements. The change shifts some decision-making to the regulatory level and changes who can lawfully take or possess fish and under what conditions.
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Direct links to the current provisions in Fisheries Management Amendment Act 2009.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Schedule 1 Amendment of Fisheries Management Act 1994 No 38
sch 1: Am 1987 No 15, sec 30C.
[1]–[26] (Repealed)
[27] Section 21AA
Insert after section 21:
21AA Special provision for Aboriginal cultural fishing
(1) 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.
(2) The authority conferred by this section is subject to any regulations made under this section.
(3) The regulations may make provision for the management of Aboriginal cultural fishing as authorised by this section.
(4) Without limiting the above, the regulations may:
(a) 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
(b) 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.
(5) 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.
(6) 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.
(7) This section does not prevent the issue of a permit under section 37 for Aboriginal cultural fishing purposes.
(8) 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).
[28]–[147] (Repealed)
Schedule 2 (Repealed)
sch 2: Rep 1987 No 15, sec 30C.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Act
This Act is the Fisheries Management Amendment Act 2009.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Schedule 1 Amendment of Fisheries Management Act 1994 No 38
sch 1: Am 1987 No 15, sec 30C.
[1]–[26] (Repealed)
[27] Section 21AA
Insert after section 21:
21AA Special provision for Aboriginal cultural fishing
(1) 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.
(2) The authority conferred by this section is subject to any regulations made under this section.
(3) The regulations may make provision for the management of Aboriginal cultural fishing as authorised by this section.
(4) Without limiting the above, the regulations may:
(a) 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
(b) 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.
(5) 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.
(6) 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.
(7) This section does not prevent the issue of a permit under section 37 for Aboriginal cultural fishing purposes.
(8) 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).
[28]–[147] (Repealed)
Schedule 2 (Repealed)
sch 2: Rep 1987 No 15, sec 30C.