The Northern Land Council will allow recreational fishers to continue to access remote Aboriginal waters under a new permit system set to take effect from next month, however some popular fishing areas will remain off limits for now.
The permit system, which will initially be free, has been finalised ahead of a December 31 deadline, when an existing access agreement between the NLC and the Northern Territory government was due to expire.
The updated arrangements come more than a decade since the High Court confirmed traditional owners have exclusive access rights to intertidal waters over Aboriginal land.
"Fourteen years after the High Court's Blue Mud Bay decision we are finally seeing the rights of traditional owners being respected," NLC chairman Samuel Bush-Blanasi said in a statement.
"We will keep looking at the arrangements to make sure they reflect the legal rights and interests of the traditional owners of that country."
The new permit system will apply to mostly remote areas that are not already covered by long-term permit-free arrangements.
"The permit system will be based on location, date and time and will initially be free of charge," the NLC said.
No-go zones to remain in some popular areas
Darwin Harbour is not subject to the Blue Mud Bay ruling, and a settlement with traditional owners means permits aren’t required in nearby Bynoe Harbour.
Long-term agreements also mean permit-free access will continue in the Daly River, Nhulunbuy, Port Keats and McArthur River regions.
However, other popular fishing areas, including parts of the Finniss River and Mini Mini areas will remain off limits pending the outcome of ongoing negotiations.
NLC chief executive Joe Martin-Jard told Mix FM the NT government had yet to offer a sufficient deal with the traditional owners of those areas.
“It was a bit low ball, meaning it was a bit low in comparison to other agreements, and traditional owners didn't think he was right,” he said.
“And so we've come back to the territory government, but to their credit, they're listening to us.
"And so we think we'll come up with an agreement pretty soon.”
Aboriginal Affairs Minister Selena Uibo said the government was still working to secure access to the Finniss River and Mini Mini areas.
“What the land council has agreed to is allowing NT government officials through those negotiations to be able to support the process which hasn’t happened before,” Ms Uibo said.
“So it shows a bit of a change in the partnership which is a really good step forward."
The Amateur Fishermen's Association of the NT (AFANT) said while the new permit system would ensure access in many remote areas, the Finniss and Mini Mini exclusions should be addressed as soon as possible.
"We certainly hope [the government] will crack on with those negotiations with the NLC," AFANT chief executive David Ciaravolo said.
"I think in the more remote areas where people will need to apply for a permit, it will certainly be an adjustment, but it does offer some good certainty."
The NLC has also confirmed that commercial fishers and tourism operators will be able to access Aboriginal-owned waters under specified conditions.
"Commercial operators have been advised that Section 19 agreements under the Land Rights Act will be required to operate on waters overlying Aboriginal land from 1 January 2023," Mr Martin-Jard said.
"The NLC will continue to work in good faith with traditional owners and all other stakeholders."
The NT Seafood Council said its members had already applied for the relevant permissions, but some details were yet to be worked out.
“There's lots of challenges ahead with regards to what are the terms of agreements, how much does it cost, how are the consultations done and how much do they cost,” she said.
“But we are working really closely with the land council to navigate that."
Arrangements locked in after years of negotiation
In 2020, the NLC agreed to provide access to Aboriginal waters for two years on the proviso that the NT government fund an Aboriginal fishing entity, expand Aboriginal coastal licenses and amend the Fisheries Act.
In October this year, the ABC revealed draft government documents expressed serious concerns about that arrangement with the NLC.
The documents — which were prepared by a department for the Fisheries Minister Paul Kirby — described the agreement as "flawed", "lacking in transparency", and "heavily skewed" in favour of traditional owners, with "no consideration" of the broader fishing industry.
The documents were addressed to "cabinet colleagues" but were not signed or dated by Mr Kirby.
The leaking of the documents prompted the NT government to threaten the ABC with a court injunction before it later retracted the threat and issued an apology.
On Thursday, prior to the NLC's announcement, Chief Minister Natasha Fyles said the rights of traditional owners needed to be respected.
"What everyone would like is certainty," Ms Fyles said.
"We have to respect the rights of traditional owners, that is something that is law.
"And so we are working through with the land councils but certainly wanting to have as much access as possible for both commercial industry and also [recreational] fishers."
