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 which intersect the WA coastline.

WAFIC is funded through the Federal Attorney-General's Department for 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 party takes its own path. WAFIC does not represent land-based infrastructure.

WAFIC'S POSITION ON NATIVE TITLE

WAFIC acknolwedges that the common law of Australia recognises a form of aboriginal title, which is capable of recognition under the Native Title Act 1993 (Cth) and supports the resolution of native title through negotiated agreements.

WAFIC's position on native title is:

• consistent with the common law position that native rights to sea are non-exclusive;
• that native title rights to sea are exercisable in accordance with the traditional laws and customs of Indigenous people for personal, domestic and non-commercial, communal purposes (including social, cultural, religious, spiritual and ceremonial purposes); and
• that the Fish Resources Management Act 1994 (WA) and other fishing legislation (both State and Federal) are valid.

Under instruction from WAFIC's Native Title Steering 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 fishers, pearlers or aquaculturalists to undertake their lawful activities, but may have enduring implications relating to the grant and renewal of interests, quotas and other fisheries management issues. WAFIC is participating in native title on behalf of the industry to ensure that native title rights to marine resources are recognised in a manner that promtes sustainability of fish stocks and are capable of co-existing with the rights of licence and leaseholders.

WAFIC is currently party to approximately 34 native title claims in Western Australia. These claims are at various of stages before the Federal Court and before the National Native Title Tribunal for mediation.

WAFIC'S POLICY ON NATIVE TITLE

Click here to download WAFIC's native title policy (86.38 Kb)