A NSW Court of Criminal Appeal ruling says prosecuting authorities must negate applicants' native title claims in cultural fishing cases, instead of putting the burden of proof on defendants.Legal experts believe the ruling could set a precedent for cultural fishing cases around the country.
Native title holders can exercise rights to fish for personal, domestic or non-commercial needs in line with the 1993 Native Title Act."It's a time-consuming and costly procedure to be undertaking when you've been charged with what is, in the scheme of offences, a minor offence for breaching fisheries laws or regulations," Mr Waters said.
The NSW CCA judgement ruled against the South Australian decision, saying it "should be characterised as plainly wrong". Mr Waters said the "rampant interference" with traditional fishing could cause "very substantial" damage to Indigenous communities. "To take seafood for their own nutrition, but especially to be able to pass on their culture, is very critical to their wellbeing."" where we were taught to live, it's all about our survival as a people," he said.
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