Northern Territory Numbered Acts

FISHERIES LEGISLATION AMENDMENT ACT 2022 (NO 27 OF 2022) - SECT 5

After section 2A

insert

2B     Aboriginal rights, interests and resources of significance

    (1)     For this Act, the following rights, interests and resources of significance are acknowledged:

    (a)     the rights and interests of traditional owners granted under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth);

    (b)     the rights and interests of holders of native title rights recognised or capable of recognition under the Native Title Act 1993 (Cth);

    (c)     the cultural and spiritual significance of aquatic resources to Aboriginal people in accordance with Aboriginal tradition.

Note for subsection (1)(c)

The term Aboriginal tradition is defined in the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth).

    (2)     Unless expressly provided otherwise, nothing in this Act derogates or limits the right of Aboriginal people who have traditionally used the resources of an area of land or water in a traditional manner to continue to use those resources in that area in that manner.

    (3)     Despite subsection (2), the right to continue to use an area of land or water in a traditional manner does not authorise a person to:

    (a)     enter an area used for aquaculture; or

    (b)     interfere with or remove fish or aquatic life from fishing gear that is the property of another person; or

    (c)     engage in a commercial activity.