Native Title and Indigenous Land Use Agreements
Under Native Title legislation, certain rights of Aboriginal people to fish or gather produce from inland water bodies and the sea may be recognised. These rights are not exclusive and allow the waters to be shared with other rights and interests in the same area.
NSW is compelled to comply with the Native Title Act 1993 (Cwth). Where Native Title is recognised over marine waters, rivers, lakes and estuaries, in most cases the native title holders can exercise their rights to fish for personal, domestic or non-commercial needs without obtaining a permit or licence.
In NSW, the Government looks to negotiate Indigenous Land Use Agreements (ILUAs) to address Native Title needs. NSW DPI is required to participate in ILUA negotiations through notification and consultation with registered native title claimants in relation to activities NSW DPI may engage in within the native title claim area.