River of concerns

Aboriginal communities along Cowra's Lachlan River could face greater scrutiny when practising cultural fishing under proposed NSW Government enforcement laws, with the NSW Aboriginal Land Council warning that stronger powers are being pursued while longstanding legal protections remain unimplemented. The concerns follow the State Government's decision to abandon its proposed Aboriginal Cultural Fishing Regulation and not commence section 21AA of the Fisheries Management Act 1994, despite the provision being passed by Parliament 17 years ago. At the same time, the proposed Fisheries Management Amendment (Enforcement) Bill 2026 would expand the powers available to Fisheries Officers, including stopping and searching vehicles and boats, accessing personal information and seizing fishing equipment and other property. While much of the debate surrounding Aboriginal cultural fishing has focused on coastal communities, NSW Aboriginal Land Council South Coast Region Councillor Danny Chapman warned that inland communities, including Wiradjuri people along the Lachlan River, would also be affected. "The Lachlan River, traditionally named the Kalari Bila, holds significant cultural, spiritual, and historical significance to the local community who have cared for and cultivated it for generations," Cr Chapman said. "Strong Aboriginal cultural fishing rights help Aboriginal people maintain their deep connection, custodianship, and responsibilities to waters and are an integral part of Aboriginal cultural wellbeing." Cr Chapman said the proposed changes raised concerns about the ability of Aboriginal communities to continue cultural practices connected to waterways that had been important for generations. "Where the new proposed laws to fishery management will limit Aboriginal peoples' access to fishing and caring for Country, and introduce unnecessary proposed enforcement powers which will affect cultural fishing rights, generations of cultural significance and connection, like what communities have felt along the Lachlan River, will become interrupted and threatened," he said. The concerns are not limited to saltwater fishing. Cr Chapman confirmed that the legislation applies to freshwater environments and estuaries, meaning inland Aboriginal communities could also be affected. "Absolutely - the impacts of this legislation are far and wide," he said. "The legislation and amendments regarding fishery management apply to both saltwater and freshwater bodies, as well as estuaries, meaning the new laws proposed by the Minns Government will have tangible impacts for communities across all of New South Wales." At the centre of the dispute is section 21AA, which was passed by the NSW Parliament in 2009 to recognise Aboriginal cultural fishing but has never commenced. The provision would create exemptions from certain fishing restrictions for Aboriginal people fishing for cultural purposes. However, because the section has not commenced, those statutory protections are not currently operating. Cr Chapman said the failure to implement the provision continued to leave Aboriginal cultural fishers exposed to enforcement action under existing fishing laws. "Currently, the Act contains provisions in Section 21AA that mean Aboriginal people fishing for cultural purposes can be exempt from Sections 17 and 18," he said. "However, the NSW Government is refusing to commence these provisions, leaving Aboriginal people vulnerable to prosecutions, legal action, and offences for what was previously a lawful and protected customary act." The NSW Government has indicated that cultural fishing can continue through interim access arrangements, Local Management Plans and permits issued under section 37. However, NSWALC argues that these arrangements do not provide the same protection as rights established in legislation. The dispute follows a 2022 parliamentary inquiry into the commencement of the Fisheries Management Amendment Act 2009. According to NSWALC, the inquiry found the Government had failed to give effect to Parliament's intentions and raised serious concerns about enforcement action against Aboriginal cultural fishers, particularly on the South Coast. Evidence presented to the inquiry showed Aboriginal people accounted for 31 per cent of fisheries prosecutions between 1996 and 2020, despite representing approximately 3.4 per cent of the NSW population. It also found that 38 of the 65 people who received jail or suspended jail sentences for fisheries offences from 2009 were Aboriginal, including 34 from the South Coast. In the 18 months to June 2021, 70 Aboriginal people were charged with fisheries offences that did not result in a court outcome, compared with 12 non-Aboriginal people. These figures relate to historical statewide enforcement activity and do not establish the frequency of fisheries prosecutions involving Aboriginal people in Cowra or the Central West. Asked about local enforcement figures, Cr Chapman did not provide specific data for the Wiradjuri region but expressed concern that expanding enforcement powers could worsen existing disparities. "We are already subject to racial profiling, and these laws will only encourage that," he said. "These amendments in practice are discriminatory. They will directly interfere with our cultural fishing and Native Title Rights." NSWALC Chairperson Dr Raymond Kelly said the Government had misrepresented Aboriginal community opposition to its proposed cultural fishing regulation. "Aboriginal communities rejected a flawed regulation built around restrictive bag limits. They did not reject section 21AA or their right to practise cultural fishing," Dr Kelly said. "The Government should have returned to Aboriginal communities and developed a better approach." The NSW Government's stated objectives for stronger fisheries enforcement include addressing illegal fishing, seafood trafficking and black-market activity. NSWALC has acknowledged the need for appropriate enforcement against organised illegal fishing but argues that additional powers should be accompanied by specific protections for Aboriginal cultural fishers. Dr Kelly said the combination of unimplemented cultural fishing protections and expanded enforcement powers was particularly concerning. "Now it is moving quickly to give Fisheries Officers greater powers, despite a documented history of disproportionate enforcement against Aboriginal people," he said. "That is a dangerous combination." The 2022 parliamentary inquiry recommended that section 21AA commence by June 30, 2023, and called for an end to surveillance, compliance action and prosecutions against Aboriginal cultural fishers until the provision was implemented. NSWALC is now calling on the Premier and Minister for Agriculture to reverse the decision, commence section 21AA and consult Aboriginal communities before the proposed enforcement legislation progresses. The organisation also wants independent oversight and public reporting of fisheries enforcement involving Aboriginal people. For inland communities, Cr Chapman said the issue extended beyond fishing regulations to the preservation of cultural knowledge and responsibilities to Country. He said NSWALC had been engaging with Aboriginal Land Councils across the state and expected to provide further information about the concerns of inland communities. "We know that communities are particularly concerned that we could start to see a string of unconsulted laws passed by the Government that once again threaten rights that had been previously triumphed," he said. Cr Chapman also rejected suggestions that Aboriginal cultural fishing should be associated with organised illegal fishing. "Aboriginal cultural fishing is not black-market fishing," he said. "Through cultural fishing, our communities are feeding our families and are sustaining cultural practices that have existed for millennia." For Wiradjuri communities along the Lachlan River, the debate raises questions about how cultural fishing rights will be recognised and protected as the State Government considers expanding fisheries enforcement powers. "To this, I remind and reassure Aboriginal communities across NSW that our culture is not a crime and should not be portrayed as such," Cr Chapman said. "NSWALC will continue to advocate for the rights of our communities across NSW."