Access to Barramundi by Permit

The media recently screamed with the news that the barramundi season was about to begin, but with a catch – permits would be required to access the fishing areas first. Specifically, section 19 permits. What does this actually mean?

In 2008, the High Court of Australia granted traditional Aboriginal owners exclusive access rights to waters on Aboriginal land covered by the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth). This area is known as the intertidal zone and is in between the high- and low-tide marks. The decision became known as the Blue Mud Bay decision because of the location of the people who instigated the original action – Blue Mud Bay, Arnhem Land – and has been described as the most significant ruling for Aboriginal landowners since the High Court’s Mabo decision.

For a decade and a half now, an interim arrangement has been in place that gave commercial operators and recreational fishers permits and licence-free access to those areas. Authorisation for access to the intertidal zones was being given by NT Fisheries. However, at all times traditional Aboriginal owners have sought to control that access.

New arrangements evidencing this control commenced on 1 January 2023. Now a transition is in place where fishers, in relation to particular areas, must obtain a section 19 permit from the Northern Land Council in order to access and use intertidal zones on Aboriginal land.

Section 19 is the term used for the permit due to the requirements that come from section 19 of the Land Rights Act. This section broadly regulates the use of and access to Aboriginal land and is used by the NLC to grant leases and licences, and provide permission, for that purpose upon application for a land use agreement.

For example, in this particular instance a commercial fisherman should have regard to the Commercial Fishing Aboriginal Waters Access Map to see whether application for such a land use agreement is required. At present, this is identified as follows:

•  Green zones - no section 19 required

• Black, Blue and Purple zones – section 19 required

• Red zones - particular areas have been identified as restricted

It is important to understand that if there is unauthorised entry onto Aboriginal land and waters by anyone, fines are able to be issued under Commonwealth law in the sum of $11,100 or under Northern Territory law in the sum of $1,264.

Commercial fishermen in particular need to be aware of these changes and to ensure that they have a valid section 19 permit in place.

 Do you need a section 19 permit to assist with your fishing activity or access to Aboriginal land generally? Please call Dominic McCormack on (08) 8941 6355 or email dominic@bowden-mccormack.com.au. For the general buying or selling of any property, please call Coralie Waters on (08) 8941 6355 or 0427 885080, or email conveyancer@bowden-mccormack.com.au