The NSW Parliamentary inquiry into Aboriginal cultural fishing has recommended to the NSW government that it reviews and withdraws any penalty notices that were issued to First Nations people on the South Coast who were practising cultural fishing.
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It has also recommended that the state government immediately stop all surveillance, compliance actions and prosecutions against First Nations cultural fishers until the provision Parliament passed some 13 years ago commences
The inquiry was launched in November 2021 into why the Fisheries Management Amendment Act 2009 had not commenced.
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Section 21AA included in the Act makes a special provision for Aboriginal cultural fishing and protects cultural fishers from compliance actions under the Fisheries Management Act.
The committee found that the NSW Government has failed to put into effect the will of the Parliament as it has not commenced section 21AA, despite it being passed by Parliament more than a decade ago.
The report, tabled on Monday, November 7, made four findings and seven recommendations.
The chair of the committee, the Hon Mark Banasiak MLC, said that after 13 years there was not much to show for the Parliament's intention to make special provision for Aboriginal cultural fishing.
"During this inquiry the committee was extremely concerned to hear of the level of damage inflicted by compliance actions on Aboriginal cultural fishers.
"We repeatedly heard stories of Aboriginal people being harassed, prosecuted, and fined for practising cultural fishing," Mr Banasiak said.
As part of the inquiry, committee members held a community roundtable in Narooma on Thursday, July 28, where they heard story after story of injustice to Aboriginal fisherman.
Speaking about the inquiry's report Mr Banasiak said "some Aboriginal fishers have been subject to terrible consequences, including jail terms and fines in the thousands of dollars.
"The committee also learned that this is diminishing the transmission of culture from one generation to the next.
"These outcomes are clearly inconsistent with the NSW Government's commitments to the Closing the Gap Agreement and must be addressed.
"Until section 21AA is commenced, the committee has called for this type of compliance action to be ceased," he said.
The committee has recommended that Section 21AA should be commenced no later than 30 June 2023, with the NSW government to take immediate steps to develop a supporting regulation in consultation with stakeholders.
Other recommendations in the report include:
- the need for better education and training for Fisheries compliance officers, covering Aboriginal cultural fishing and native title rights, to be delivered in partnership with key Aboriginal stakeholders .
- an independent review of the culture and regulatory practices of the NSW Department of Primary Industries Fisheries compliance division to identify any systemic cultural problems .
- improved support and programs for Aboriginal communities to give them greater opportunities in the commercial fishing sector.
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