Legislation and management

Fisheries Act 1994

The Fisheries Management Act 1994 (the Act) is the principal piece of legislation for managing the NSW fishery resource.

The Act aims “to recognise the spiritual, social and customary significance to Aboriginal persons of fisheries resources and to protect and promote the continuation of Aboriginal cultural fishing.”

Aboriginal cultural fishing is defined in the Act as “fishing activities and practices carried out by Aboriginal persons for the purpose of satisfying their personal, domestic or communal needs, or for educational or ceremonial purposes or other traditional purposes, and which do not have a commercial purpose”.

Section 37 of the Act provides ability to extend cultural fishing access further, including access to areas normally not open to fishing activity and use of equipment that is not normally available to be used due to restrictions.

Other legislation applies alongside the cultural fishing rules. For example, the size limits of fish as prescribed in the Fisheries Management (General) Regulation 2019 apply to Aboriginal cultural fishing activities.

Other relevant legislation includes:

• The Marine Estate Management Act 2014
• The Native Title Act 1994

Recreational Fishing Licence Fee – exemption

Fishers who are Aboriginal persons are exempt from paying a recreational fishing fee. Removing barriers to accessing the resource is in keeping with recognition under the Act of the spiritual social and customary significance of fishing to Aboriginal people.