How could expanded surveillance powers affect the state government's regulatory framework?
Expanded surveillance powers may challenge state government's cultural fishing protections The proposed Fisheries Management Amendment (Enforcement) Bill 2026, which grants expanded surveillance powers to fisheries officers, faces condemnation for potentially discriminating against Aboriginal cultural fishers. This proposal occurs while Section 21AA protections for cultural fishing have remained dormant since being passed by parliament 17 years ago. Critics argue that the government's legislation fails to reconcile state fishing regulation with the legitimate rights of Traditional Owners, risking further legal uncertainty and increased prosecution of Aboriginal people.
- Effect
- Strong negative
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- When
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- The story
- Gone quiet
How it reaches state government
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A NSW government proposal to grant expanded surveillance powers to fisheries officers has been criticized for potentially discriminating against Aboriginal cultural fishers on the South Coast. Furthermore, the Fisheries Management Amendment (Enforcement) Bill 2026 has not initiated the Section 21AA protections for cultural fishing, which have been dormant for 17 years. According to government figures, 58 per cent of people jailed for fisheries offenses between 2009 and 2022 were Aboriginal.
The full event1independent outlet -
The expanded surveillance powers and high prosecution rates are linked to the NSW government's proposal for the Fisheries Management Amendment (Enforcement) Bill 2026. This proposal, alongside the failure to commence Section 21AA protections for cultural fishing, has led to criticism from experts and Indigenous groups that the state government's regulatory practice is inconsistent with the Closing the Gap Agreement.
1 report connects these two. Brind only summarizes; follow a link to read the reporting itself.
- sbs.com.au Oct 1
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government of a federated state (state, province, ...) in a federation
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The facts so far
As reported. Each one links to where it comes from.
- 58 per cent of people given a jail sentence for fisheries offences between 2009 and 2022 were Aboriginal, as were half of those given intensive corrections orders.sbs.com.au
- Section 21AA protections for cultural fishing have lain dormant since being passed by parliament 17 years ago.sbs.com.au
- The Department of Primary Industries slashed the amount of abalone permitted to be commercially caught by 41 per cent in June.sbs.com.au
- A high profile court case against seven Walbunja men collapsed in February this year after NSW Police withdrew all charges.sbs.com.au
Why it matters
The state government is responsible for balancing commercial resource management, such as the abalone industry, with the deeply significant cultural practices of Aboriginal people. The failure to implement existing protections and the introduction of expanded surveillance powers puts the government's commitment to reconciliation and Indigenous rights under intense scrutiny.
This issue is part of a broader context where Indigenous communities feel they are being blamed for overfishing, despite industry having licenses and shares to take large amounts of resources. Experts argue that without properly reconciling state fishing regulation with the legitimate rights of Aboriginal cultural fishers, the issue will continue to clog up the courts.
What we don't know yet
- Will the government commence the Section 21AA protections for cultural fishing?
- How will the government respond to calls for proper consultation with Traditional Owners regarding resource management?
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Reporting
- sbs.com.auOct 1
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