WAFIC NATIVE TITLE

ABOUT WAFIC NATIVE TITLE

The Western Australian Fishing Industry Council acts as an industry representative for Western Australian fishing, pearling and crown land aquaculture interests and is an active respondent to native title claims.

WAFIC is funded through legal aid to represent all fishing, pearling and aquaculture interests in marine and tidal water claims below the high water mark, and those aquaculture interests on crown land. Whilst WAFIC remains funded in native title it will continue to act in its own right representing industry regardless of whether an individual takes its own path. WAFIC does not represent land-based infrastructure.

WAFIC’S POSITON ON NATIVE TITLE

• Native Title rights to sea are not exclusive, are personal and not commercial, and need to be proved in each case
• Supports the resolution of native title through negotiated agreements

WAFIC acknowledges that the common law of Australia recognises a form of native title, which is capable of recognition under the Native Title Act 1993.

Under instruction from WAFIC’s Native Title Standing Committee solicitors Hunt and Humphry present supporting evidence to argue that the position before the Native Title Act was introduced applies as far as the industry is concerned. Native title rights cannot and do not interfere with the existing rights of fishermen, pearlers or aquaculturalists to undertake their lawful activities, but may have a long term effect on grant and renewal of interests, quotas and other fisheries management issues. WAFIC is participating in the native title process on behalf of the industry to limit these potential adverse affects on the industry.

WAFIC is currently party to approximately 50 native title claims in Western Australia. These claims are at various stages, before the Federal Court and before the National Native Title Tribunal for mediation.

WAFIC’S POLICY ON NATIVE TITLE

Download in PDF Format Western Australian Fishing Industry Council Native Title Policy (86.38 Kb)