Background
On 30 July 2008, the High Court of Australia partially accepted the Northern Territory Government’s appeal in the Blue Mud Bay fishing case.
The High Court decided that the Fisheries Act applies in all waters throughout the Territory however permission is required from the relevant Land Council to permit entry into waters overlying Aboriginal land for fishing.
As a result of the High Court decision, current permit arrangements that enable entry to waters on Aboriginal lands will remain in place for at least the next 12 months while permanent arrangements between all relevant stakeholders are finalised.
Timeline of events
30 July 2008 – The High Court made the decision on the Blue Mud Bay case.
4 December 2007 - The High Court heard the NT Government’s appeal regarding the Federal Court’s decision on the Blue Mud Bay fishing case.
30 March 2007 – The NT Government filed an application for special leave to appeal to the High Court.
16 March 2007 – The Federal Court declined to stay or suspend its decision pending a High Court appeal since, having declared the law, it had no power to order that the law was not in effect.
2 March 2007 – The Federal Court held on appeal that the licensing system under the Fisheries Act (NT) did not apply regarding commercial fishing in tidal waters overlying Aboriginal land (ie freehold) – being the intertidal zone and tidal rivers.
The Federal Court held that the power to grant commercial (and recreational) fishing licences regarding tidal waters overlying Aboriginal land was instead vested in Aboriginal Land Trusts under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth).
This outcome flowed from the Federal Court's finding that a grant of Aboriginal land included the right to take fish from overlying tidal waters, with the public right to fish being abrogated.