Fisheries Act 1988 (NT)

NORTHERN TERRITORY OF AUSTRALIA

FISHERIES ACT 1988

As in force at 10 December 2022

NORTHERN TERRITORY OF AUSTRALIA

As in force at 10 December 2022

FISHERIES ACT 1988

An Act to provide for the regulation, conservation and management of fisheries and fishery resources so as to maintain their sustainable utilisation, to regulate the sale and processing of fish and aquatic life, and for related purposes

• (1)

  The objects of this Act are:

  • (a)

    to manage the aquatic resources of the Territory in accordance with the principles of ecologically sustainable development; and

  • (ab)

    to protect the environment, people and economy of the Territory from the introduction and spread of aquatic noxious species and diseases; and

  • (ac)

    to acknowledge the rights and interests of Aboriginal people and resources of significance to Aboriginal people referred to in section 2B(1) and to promote opportunities for Aboriginal people to benefit economically from aquatic resources; and

  • (b)

    to maintain a stewardship of aquatic resources that promotes fairness, equity and access to aquatic resources by all stakeholder groups, including:

    • (i)

      Aboriginal people; and

    • (ii)

      the commercial fishing, aquaculture and fishing tourism industries; and

    • (iii)

      amateur fishers; and

    • (iv)

      others with an interest in the aquatic resources of the Territory; and

  • (c)

    to promote the optimum utilisation of aquatic resources to the benefit of the community.

• (2)

  Any person or body engaged in the administration, operation or enforcement of this Act must take into account the objects of this Act when exercising their powers and performing their duties.

• (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.

  3Repeals

  The Acts…