Native title & aquatic resources

Native title legislation (Native Title Act 1993 (Cth), Native Title (NSW) Act 1994) is not affected by NSW fisheries management legislation in respect to native title rights and interests.

Where Native Title is recognised over marine waters, rivers, lakes and estuaries native title holders can exercise their rights to fish for personal, domestic or non-commercial needs in line with the provisions of the Native Title Act 1993 (Cth).

In NSW, the Government looks to negotiate Indigenous Land Use Agreements (ILUAs) to address Native Title needs. An ILUA is a voluntary agreement between a native title group and others about the use and management of land and waters.

The Department of Primary Industries and Regional Development participates in ILUA negotiations with registered native title holders and applicants to establish agreed management arrangements related to the use of the resource.