Indigenous communities across southern NSW are heading to court to try to salvage cultural fishing rights.
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On June 27, law firm JGA Saddler lodged a complaint with the Australian Human Rights Commission on behalf of the South Coast Aboriginal people of NSW.
It alleges that the state of NSW has unlawfully interfered with and restricted the practice of their traditional fishing rights and customs.
The complaint addresses the conduct of the Department of Regional NSW, which through its various agencies and agents, has prevented the South Coast Indigenous people from exercising their rights in a manner consistent with their common Native Title rights and interests.
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One of the class members, Wally Stewart, said the Department of Primary Industries (Fisheries) has responded and that the complaint with the Australian Humans Rights Commission will be terminated on August 4, so that it can be filed directly in the Federal Court of Australia.
That will ensure that the "complex issues of public importance" are addressed in the most appropriate venue.
The group is frustrated that the NSW government had still not taken into account the Native Title Act of 1993 that stated Aboriginal people had a right to harvest the ocean's resources.
Mr Stewart said everyone who is part of the South Coast Title Claim is part of the class action.
The claim does not affect freehold land but does extend to National Parks, State Forests, council land and Crown land.
"The Act has been there since 1993 and is Commonwealth law that gives us our rights," Mr Stewart said.
"Fisheries has discriminated against us and done a lot of damage to our community.
"All Fisheries has done is waste taxpayers' money by ignoring that law that is there to protect us.
"People don't realise that they have betrayed us and treated us like criminals," Mr Stewart said.
The law firm, JGA Saddler specialises in large and complex litigation, with a focus on class actions.
They have extensive experience in human rights law and Indigenous legal issues.
The founders formerly led the class actions practice at Shine, one of Australia's largest plaintiff firms.
The Department of Primary Industries has been contacted for a comment.
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