0 comments on “Cultural Access to Aquatic Resources in NSW”

Cultural Access to Aquatic Resources in NSW

Hayley Egan, Barefeet

There are many misconceptions surrounding cultural access to aquatic resources both in NSW and throughout Australia. Many people assume that Aboriginal and Torres Strait Islander peoples have unlimited access or no rules when it comes to harvesting resources. In NSW this couldn’t be further from the truth. There is no single set of guidelines, legislation or regulations to govern cultural access. Native Title over water in NSW has for the first time been formally acknowledged in determinations in 2019. The details of the access rights to those claimants are slowly filtering through. Currently in NSW waters Aboriginal Cultural Fishing is acknowledged as a fishery along with Commercial and Recreational Fisheries. Though unlike the other two there are no regulations to govern access rights for the sector. Since 2010 there have been Interim Access Arrangements, which have evolved slightly over the last nine years. However, these are not legally binding like regulations, and as a result there are a lot of grey areas in their interpretation. This has led to the community mistrusting the Department and being in the dark about their rights within the fishery.