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LRN December Cover

December 2003

 

Sea rights: the time is now



Bill Risk and members of the Kimberley Land Council attend the conference

 

In October 2001, the High Court of Australia decided in the Croker Island Sea Claim case that native title rights can exist over seas, but that those rights weren’t exclusive rights.

 

It’s a ruling that has created a unique set of challenges in relation to Indigenous fishing rights in Australia, and was a key issue up for discussion at the recent Native Title Fishing Conference held in Fremantle from 27 to 28 October.

Attended by more than 250 delegates, much of the attention was focused on "how" Indigenous people can participate in what has been identified as a healthy, progressive industry in Australia.

Sir Tipene O’Regan, a retired Maori leader and former Chairman of New Zealand seafood producer the Sealords Group, says the time is right for Indigenous interests to become involved in Australia’s commercial fishing industry.


QuotePeople are starting to take the initiative and are moving things forward. Independence must be sought, so that people and groups can move forward towards success.
A good window of opportunity exists to clarify the interest of Indigenous Australians. The time is now to roll with the tidal flow moving in the right direction.Unquote


Sir Tipene

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Aquaculture enterprises are regarded as an ideal introduction to the industry. A method of farming that shows signs of being a major player in the fishing industry.

Growing fish in a controlled, natural environment has its benefits, with the managing of weight and size of stock often tailored to suit market demands. An added benefit is the significantly low impact on wild stock numbers.

Aquaculture is an industry that would fit neatly into coastal regions of northern Australia, and if established correctly, could provide an economic base for future developments over many years.

Professor George Kailis, director of the MG Kailis Group of Companies, said the Croker Island case had opened the door for Indigenous interests to pursue negotiated agreements.

He told the conference that native title rights provided an opportunity for Indigenous people to access and involve themselves in the commercial fishing industry.


QuoteIn regards to the current situation, at this point, commercial rights are exceeding native title rights. Broader negotiated outcomes need to be sought as opposed to lengthy litigation.Unquote


Professor Kailis

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A recent north Australian survey shows that fishing is an invaluable component of Indigenous culture.

Larrakia traditional owner Bill Risk favours greater Indigenous involvement in the industry, but says more needs to be done to encourage that involvement.

 


QuoteI’d like to see a capacity for Aboriginal groups to access commercial licences.
While you can usually buy them, Aboriginal communities aren’t flush with a lot of money. So, if they could negotiate with fisheries departments, perhaps licences could be issued on a small area or over a five-year period.Unquote


Mr Risk

 

With the commercial fishing industry in Australia worth some $2.5 billion, Indigenous involvement has been described as a "must".

Investing now will benefit future generations and provide them with an opportunity to be involved in their future economy, as well as skilling them to operate in the industry well beyond today.

 

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