Today a class action will be filed in the Federal Court against NSW by members of the South Coast Native Title Claim group.
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The claim being filed on Monday, March 11, relates to South Coast Aboriginal people being fined for practising their cultural fishing, according to Tristan Gaven, director of legal firm JGA Saddler.
"The prosecution of members of the South Coast Native Title Claim group for practising their cultural fishing rights is a breach of the Racial Discrimination Act," Mr Gaven said.
"As we understand it, there are over 10,000 claimants."
He said cases of this type usually took two to three years from start to finish, with his firm specialising in large and complex litigation.
Background
In 2009 the NSW government passed the Fisheries Management Amendment Act 2009 to exempt Aboriginal cultural fishing from the catch limits that apply to recreational and commercial fishermen.
Of note is Section 21AA of the Act that makes a special provision for Aboriginal cultural fishing and protects cultural fishers from compliance actions under the Fisheries Management Act.
A NSW Parliamentary inquiry was launched in November 2021 into why the Fisheries Management Amendment Act 2009 had not commenced.
On November 7, 2022, the committee found that the NSW government had failed to put into effect the will of the Parliament as it had not commenced section 21AA, despite it being passed by Parliament more than a decade ago.
It has still not commenced.
Wally Stewart, one of the applicants, told the Canberra Times in 2021 that the Native Title claim would not have been so strong if his people had stopped fishing.
"This is the beauty about my mob, we're a stubborn mob, it's in them to keep going back," he said.
"And if they didn't and we let this government in NSW keep intimidating us and prosecuting us, that could have severed our Native Title."
Registering interest in participation
JGA Saddler will soon have a website where people can informally register their interest in participation.
"It is just the beginning so there is no issue with anyone wanting to join," Mr Gaven said.
"That informal registration just allows us to keep them informed of the case."
Equally people who do not want to participate in the class action can opt out.
On June 27, 2023, JGA Saddler lodged a complaint about cultural fishing with the Australian Human Rights Commission on behalf of the NSW South Coast Native Title Claim group.
The complaint process was terminated in February so it could be filed in the Federal Court as will happen today.
NSW Department of Primary Industries has been contacted for comment.
