Dudley v Department of Primary Industries and Regions South Australia

The appeal concerned Gregory Wanganeen and other individuals charged with offences under the *Fisheries Act 1994* (SA) for taking a prohibited type of fish. The defendants claimed a defence based on Aboriginal customary rights. The appeal was heard by Bampton, Lovell, and Doyle JJ of the Supreme Court of South Australia.

The central legal issue before the court was whether the defendants' actions in taking abalone were protected by a defence of Aboriginal customary right, thereby negating the offence of taking a prohibited type of fish. This required the court to consider the nature and extent of traditional Aboriginal fishing practices and whether the specific conduct in question fell within the scope of such customary rights.

The court's reasoning focused on the evidence presented regarding the traditional practices of the Narungga people, as testified by Gregory Wanganeen. The evidence established that fishing, including the collection of abalone, was a significant activity for the Narungga people, undertaken for sustenance, sharing within the community, and as a traditional food source. Wanganeen described learning fishing techniques from elders, the methods used to collect abalone, and the customary practices of preparing and consuming it. The court considered whether these established practices constituted an Aboriginal customary right that would provide a defence to the charges.