Native Title
Nyangumarta native title holders lead Justice North to the on-country Federal Court hearing near Eighty Mile Beach for the handing down of native title (June 2009)
The Western Australian Fishing Industry Council acts as an industry
representative for Western Australian fishing, pearling and crown land
aquaculture interests and is an active respondent to native title
claims which intersect the WA coastline.
WAFIC is funded through the Federal Attorney-General's Department
for all fishing, pearling and aquaculture interests in marine and tidal
water claims below the high water mark, and those aquaculture interests
on crown land. Whilst WAFIC remains funded in native title, it will
continue to act in its own right representing industry regardless of
whether an individual party takes its own path. WAFIC does not
represent land-based infrastructure.
WAFIC'S POSITION ON NATIVE TITLE
WAFIC acknolwedges that the common law of Australia recognises a
form of aboriginal title, which is capable of recognition under the Native Title Act 1993 (Cth)
and supports the resolution of native title through negotiated agreements.
WAFIC's position on native title is:
- consistent with the common law position that native rights to sea are non-exclusive;
- that native title rights to sea are exercisable in accordance with the traditional laws and customs of Indigenous people for personal, domestic and non-commercial, communal purposes (including social, cultural, religious, spiritual and ceremonial purposes); and
- that the Fish Resources Management Act 1994 (WA)
and other fishing legislation (both State and Federal) are valid.
Under instruction from WAFIC's Native Title Steering Committee,
solicitors Hunt and Humphry present supporting evidence to argue that
the position before the Native Title Act was introduced applies as far
as the industry is concerned. Native title rights cannot and do not
interfere with the existing rights of fishers, pearlers or
aquaculturalists to undertake their lawful activities, but may have
enduring implications relating to the grant and renewal of interests,
quotas and other fisheries management issues. WAFIC is participating in
native title on behalf of the industry to ensure that native title
rights to marine resources are recognised in a manner that promtes
sustainability of fish stocks and are capable of co-existing with the
rights of licence and leaseholders.
WAFIC is currently party to approximately 34 native title claims in Western Australia. These claims are at various of stages before the Federal Court and before the National Native Title Tribunal for mediation.
Contact WAFIC's native title officer Katie Phillis for more information.