Latest / 360 with Katie Woolf / AFANT CEO David Ciaravolo says plans for the future of fisheries management in the Territory remain unclear, creating a lot of uncertainty
Transcript
- 0:00Speaker 1: Well.
- 0:00Speaker 2: As we heard last week, amendments protecting the rights of
- 0:02Speaker 2: Aboriginal landowners were passed through Parliament. The amendment, which acknowledges
- 0:07Speaker 2: the rights of traditional owners to territory coasts, leaves the
- 0:10Speaker 2: industry uncertain when it comes to access across the Northern
- 0:13Speaker 2: Territory's waters. Now, we spoke to the CEO of the
- 0:17Speaker 2: Seafood Council last week, who raised concerns for industry, saying
- 0:20Speaker 2: the changes were made without genuine consultation with industry and
- 0:25Speaker 2: those who access the waters. Now joining me on the
- 0:28Speaker 2: line is our fants, David chi Rovolo. Good morning to you, David.
- 0:32Speaker 1: Good morning Katie.
- 0:34Speaker 2: Now, David, people are going to be listening wondering is
- 0:36Speaker 2: this the same situation as the Blue Mud Bay decision
- 0:39Speaker 2: or is it something else? Firstly, can you talk us
- 0:42Speaker 2: through you know what waters this relates to.
- 0:47Speaker 3: Right, So, I think the first thing here is that
- 0:50Speaker 3: there are no new rights, effectively that have been afforded
- 0:55Speaker 3: here in this instance. Although it may open the door
- 0:59Speaker 3: to further recognition of waters beyond inter title zones or
- 1:05Speaker 3: water currently overlying Aboriginal land. But presently what the amendments
- 1:10Speaker 3: have done is makes some changes.
- 1:12Speaker 1: To the Fisheries Act. The government has said that that's.
- 1:15Speaker 3: To bring it into line with the Aboriginal Land Rights
- 1:18Speaker 3: Act and the decision of the High Court and the
- 1:21Speaker 3: bloom mart Bay decision. But of course it is very
- 1:24Speaker 3: important to people to understand that those laws are the
- 1:26Speaker 3: highest law in the country and those laws have already
- 1:29Speaker 3: been in place. So it's certainly not the case that
- 1:33Speaker 3: this change alone has conferred new rights.
- 1:36Speaker 1: The big significant well.
- 1:38Speaker 3: The rights that we are clear about. What the problem
- 1:41Speaker 3: is is there are parts of this that are unclear
- 1:44Speaker 3: due to the consultation process. And the other thing that's
- 1:46Speaker 3: really concerning is that these changes of the Act came
- 1:49Speaker 3: about at an agreement between the Northern Land Council and
- 1:53Speaker 3: the Northern Territory Government. They've said that it's Tranche one
- 1:57Speaker 3: of a much broader suite of change, and the consultation
- 2:01Speaker 3: process was very lacking.
- 2:04Speaker 1: We are very worried.
- 2:05Speaker 3: That if a full review occurs under the same conditions
- 2:10Speaker 3: that we won't know what the future fisheries management is
- 2:12Speaker 3: going to look like anymore. And there's a lot of
- 2:14Speaker 3: uncertainty for commercial and recreational fishing.
- 2:16Speaker 2: So David talk us through exactly what's unclear at this
- 2:20Speaker 2: point in time from a recfisher's perspective, right, So.
- 2:25Speaker 3: What's unclear is what is being planned for the future
- 2:29Speaker 3: of fisheries management in the Northern Territory. We've heard the
- 2:33Speaker 3: Minister for Aboriginal Affairs, Selena Yubo a flag that there
- 2:39Speaker 3: will be a full review, that this is just part
- 2:41Speaker 3: of a changes to the Fisheries Act and there will
- 2:44Speaker 3: be a full review of the Fisheries Act. The review
- 2:47Speaker 3: that's occurred so far was not led by the Fisheries Agency.
- 2:50Speaker 3: It was led by the Department of Chief Minister and Cabinet.
- 2:54Speaker 3: It raises questions as to why the regulatory agency, with
- 2:57Speaker 3: the experts who are the expert it's in regulating the fishery,
- 3:01Speaker 3: who have the relationships with the fishery stakeholders, were not
- 3:04Speaker 3: put in charge of the review.
- 3:07Speaker 1: Secondly, we have a.
- 3:08Speaker 3: Situation where over two hundred thousand dollars was awarded in
- 3:12Speaker 3: a tender to a consultancy company from Western Australia to
- 3:15Speaker 3: provide advice to the government on the future management of
- 3:18Speaker 3: fisheries in the territory. They only met once with a
- 3:23Speaker 3: fan and similarly with the Seafood Council and never followed
- 3:27Speaker 3: up on the subsequent meeting that they were supposed to
- 3:29Speaker 3: have with us, and so never really got into the
- 3:31Speaker 3: detail of anything.
- 3:33Speaker 2: What the normal ten thousand dollars two hundred thousand dollars
- 3:36Speaker 2: provided to this consultant effort.
- 3:40Speaker 3: And that report is now finished. The Government has it,
- 3:44Speaker 3: the Northern Land Council has it, and we understand that
- 3:47Speaker 3: it was actually merged with a consultancy that was paid
- 3:50Speaker 3: for exclusively by the Northern Land Councils that actually.
- 3:53Speaker 1: Merged those two together.
- 3:55Speaker 3: Still haven't provided it to us, and now they're talking
- 3:58Speaker 3: about reviewing the Fisheries Act further. If first of all,
- 4:02Speaker 3: what's in that consultancy, secondly, what's been agreed or is
- 4:05Speaker 3: being planned to be agreed in the lead up to
- 4:07Speaker 3: the full Council meeting that's happening in the next couple
- 4:09Speaker 3: of weeks, and then what does that mean. We were
- 4:13Speaker 3: told on the ABC last week by the Minister for
- 4:16Speaker 3: Aboriginal Affairs that the Government does not consult, does not
- 4:21Speaker 3: negotiate with the seafood sector or the recreational fishing sector,
- 4:24Speaker 3: and that it only negotiates with the Northern Land Council
- 4:28Speaker 3: because it represents landowners and you know, to be honest
- 4:32Speaker 3: with you when you're talking about major policy reform over
- 4:35Speaker 3: an area worth hundreds of millions of dollars and impacts
- 4:38Speaker 3: tens of thousands of Territorians. To say that you won't
- 4:43Speaker 3: negotiate with major stakeholders and parties when you're politically reforming
- 4:48Speaker 3: legislation is just beyond the pale.
- 4:51Speaker 2: You sound like you're annoyed, David, and rightly so, well.
- 4:55Speaker 3: Look I am, because you know to be honest, To
- 4:58Speaker 3: be honest with you, Katie, the phone has and stop bringing.
- 5:00Speaker 3: We've had businesses from all over the territory contacting us.
- 5:05Speaker 3: We've had recreational fishes. We've had messages from people saying
- 5:08Speaker 3: that's it, I'm done. This doesn't feel like my home anymore.
- 5:12Speaker 3: I don't want to live here anymore. And you know,
- 5:14Speaker 3: at the end of the day, we're a big organization
- 5:16Speaker 3: that represents a lot of people, but we're a small
- 5:18Speaker 3: team and we've got a lot of people who are hurting,
- 5:21Speaker 3: contacting us continually and it doesn't feel like the government
- 5:24Speaker 3: is listening to them. Now. This was all set in
- 5:26Speaker 3: train by the previous Chief Minister prior to the election.
- 5:31Speaker 3: We've met with the Chief Minister to discuss our concerns
- 5:34Speaker 3: along with the Seafood Council. We hope she can take
- 5:37Speaker 3: a pair of fresh eyes to this and press reset.
- 5:40Speaker 1: We're not saying not.
- 5:42Speaker 3: To review the Fisheries Act or to make progress here.
- 5:45Speaker 3: A lot of the Government's delivered a lot of things
- 5:48Speaker 3: to improve traditional loaners abilities to run businesses on country
- 5:52Speaker 3: with the reviews and changes to the Aboriginal Coastal License.
- 5:55Speaker 3: They provided ten million dollars to the Aboriginal Sea Company.
- 5:58Speaker 3: They've reviewed and the objects of the Act. So the
- 6:01Speaker 3: government has been delivering. Meanwhile, fishers have been losing access
- 6:06Speaker 3: and now we're in a situation where there is more
- 6:08Speaker 3: uncertainty and we are really really afraid that they're going
- 6:11Speaker 3: to do that by an agreement, which then means later
- 6:13Speaker 3: on when things arise at are fundamental problems for us,
- 6:18Speaker 3: they get railroaded through because they've already signed a deal.
- 6:21Speaker 3: So this is why people are worried. There is so
- 6:24Speaker 3: much uncertainty. Come January one, a lot of people don't
- 6:27Speaker 3: know if they're going to be able to operate their
- 6:29Speaker 3: businesses where they currently can operate it. Recreational fishers don't
- 6:32Speaker 3: know if they're going to be welcome in places that
- 6:35Speaker 3: they've been welcome ever since they were born in the
- 6:37Speaker 3: territory or ever since they've lived in the territory. And
- 6:40Speaker 3: it seems like it's acceptable that people just find out
- 6:43Speaker 3: whenever it gets announced and they just have to live
- 6:45Speaker 3: with the consequences, and that really is not good enough.
- 6:48Speaker 2: Now, what is the Minister for Fisheries, Paul Kirby saying,
- 6:51Speaker 2: because he attended your AGM recently, didn't.
- 6:54Speaker 1: He Well, that's right.
- 6:55Speaker 3: We had both ministers in attendance at our AGM, and
- 6:58Speaker 3: I guess this highlights the complexity of the issue.
- 7:00Speaker 1: We've had major fisheries.
- 7:02Speaker 3: Reforms taken away from the Fisheries Minister and the Department
- 7:05Speaker 3: of Fisheries and been led out of the Aboriginal Strategic
- 7:09Speaker 3: Policy Unit, which is embedded within the Department of Chief
- 7:12Speaker 3: Minister and Cabinet. And so, look, we enjoy a good
- 7:16Speaker 3: working relationship with Minister Kirby. Minister Kirby has been aware
- 7:20Speaker 3: of our concerns, has been working with us on our concerns.
- 7:24Speaker 3: But we're in a situation where effectively he is not
- 7:27Speaker 3: the minister who is the lead or in control of
- 7:30Speaker 3: this and so I guess you have to ask him
- 7:33Speaker 3: as how he's being received in cabinet with the concerns
- 7:36Speaker 3: that I presume he's raising on our behalf.
- 7:38Speaker 2: Well, look, I think it's going to be a concern
- 7:40Speaker 2: right across the board for so many Territorians. And we
- 7:42Speaker 2: all agree, you know, and we've spoken about this before,
- 7:45Speaker 2: that the rights of traditional owners obviously need to be acknowledged.
- 7:49Speaker 2: We all one hundred percent to understand that. But there
- 7:52Speaker 2: seems as though there is so much uncertainty at this
- 7:56Speaker 2: point in terms of not only recreational fishes, the seafood
- 8:00Speaker 2: counselor as well, so for them it's business too.
- 8:04Speaker 3: Well, look, absolutely, Katy, it's really important to recognize that
- 8:07Speaker 3: the rights of traditional owners were established in the High
- 8:10Speaker 3: Court decision in two thousand and eight. People need a
- 8:13Speaker 3: permit to access aboriginal waters.
- 8:15Speaker 1: That's the law.
- 8:16Speaker 3: There's actually never been anything stopping that from being in place,
- 8:21Speaker 3: except for the fact that everybody recognizes they could be
- 8:23Speaker 3: a better way forward by having a working permit system
- 8:27Speaker 3: or by having a series of agreements where other benefits
- 8:32Speaker 3: could be included for traditional owners, and so that's why
- 8:34Speaker 3: the NLC has been negotiating. But things have really ground
- 8:37Speaker 3: to a holt that no new deals for access have
- 8:40Speaker 3: really been agreed since twenty fifteen, and people have been
- 8:44Speaker 3: losing access to places. Meanwhile, the government has been delivering
- 8:47Speaker 3: on lots of things that's been adding to it, including
- 8:50Speaker 3: things that are unrelated to access. So for example, we've
- 8:54Speaker 3: heard the Minister talk about the review is related to access,
- 8:58Speaker 3: but I mean it absolutely beyond the paal. No one
- 9:02Speaker 3: would surely believe that an Act review is going to
- 9:05Speaker 3: mean that a particular land trust is going to say, okay,
- 9:09Speaker 3: now we're happy, we're going to negotiate, when we know
- 9:12Speaker 3: a lot of those land trusts have never even seen
- 9:14Speaker 3: or had the genuine opportunity to enter into proper negotiations.
- 9:18Speaker 3: And so why is the chain being dragged on these negotiations.
- 9:22Speaker 1: Meanwhile, the government is moving through.
- 9:24Speaker 3: On its commitments, but the recreational and commercial fishing sectors
- 9:28Speaker 3: are being left behind.
- 9:29Speaker 1: And these are so many jobs in.
- 9:33Speaker 3: Darwin and around the territory. You know, I've had people
- 9:35Speaker 3: talking to me about twenty jobs that hang in the
- 9:38Speaker 3: balance based on one particular business in where one particular
- 9:41Speaker 3: land claim might be granted next year. These people don't
- 9:44Speaker 3: know if they're going to have a job next year
- 9:46Speaker 3: and it doesn't feel like you could have much faith
- 9:49Speaker 3: that a reasonable outcome will be brought about. It of
- 9:53Speaker 3: course needs to respect the rights of traditional owners, but
- 9:56Speaker 3: also needs to acknowledge that right around Australia rivers and
- 10:01Speaker 3: coastlines are places that are of fundamental importance to Australians
- 10:05Speaker 3: and Australian businesses and a better way forward has to
- 10:08Speaker 3: be broken by the territory. Otherwise it is really not
- 10:12Speaker 3: achieving what is the best possible outcome for the territory
- 10:16Speaker 3: as a whole.
- 10:17Speaker 2: David, where to from here? Who's dragging the chain?
- 10:21Speaker 1: Well?
- 10:22Speaker 3: Where to from here is very very important. All eyes
- 10:24Speaker 3: are going to be on what gets announced at the
- 10:27Speaker 3: Full Council of the Northern Land Council coming up soon
- 10:30Speaker 3: in December. If that includes a signed deal to continue
- 10:38Speaker 3: to work on the change the Fisheries Act, well then
- 10:41Speaker 3: I think you know, all bets are off. Basically we
- 10:43Speaker 3: will be in a very very disturbing place where if
- 10:48Speaker 3: that review is going to be led by any agency
- 10:52Speaker 3: other than to the Fisheries Agency, which is the agency
- 10:56Speaker 3: that should be responsible for this, I don't know how
- 10:59Speaker 3: the recreation, fishing sector and the seafood sector can have
- 11:02Speaker 3: any confidence in that process. So we are in very
- 11:06Speaker 3: uncertain times and I just hope that common sense prevails.
- 11:09Speaker 3: I hope that the Chief Minister is able to put
- 11:12Speaker 3: her stamp on this to say, hey, listen, things have
- 11:15Speaker 3: got away from where we want them to go. Of course,
- 11:17Speaker 3: we want to deliver for traditional owners, but we also
- 11:20Speaker 3: want to deliver for recreational fishes and fishing tour operators
- 11:24Speaker 3: and seafood industry and I think we can do a
- 11:27Speaker 3: better find a better way forward. We need to have
- 11:30Speaker 3: a policy statement from the government about why they want
- 11:32Speaker 3: to review the Act and outline open, transparent and wholly
- 11:37Speaker 3: inclusive process. We've written to the Chief Minister. We've asked
- 11:40Speaker 3: for her to provide that consultancy report to us, so
- 11:44Speaker 3: we're no longer in the dark, and we really hope
- 11:46Speaker 3: that we received that this week.
- 11:48Speaker 2: And so no word from her office at this point
- 11:51Speaker 2: in time as to whether you are going to receive
- 11:53Speaker 2: that or whether they're going to sit down with you.
- 11:56Speaker 3: So we've sat down with the Chief Minister a couple
- 11:58Speaker 3: of weeks ago. We had what I believe was a
- 12:01Speaker 3: fair hearing from the Chief Minister. We've obviously been talking
- 12:05Speaker 3: to the Fisheries Minister quite a lot. We've written last
- 12:08Speaker 3: week to DCM and to the Chief Minister. I think
- 12:11Speaker 3: it's still within a fair amount of time for them
- 12:14Speaker 3: to respond to us, but we do expect a response
- 12:17Speaker 3: this week, and if we don't get that response, then
- 12:20Speaker 3: obviously we'd have to look at well, how can we
- 12:22Speaker 3: get access to this information. But right now I think
- 12:25Speaker 3: we're just awaiting a response and I think hopefully we'll
- 12:28Speaker 3: get that in the next couple of days.
- 12:29Speaker 2: Well, David Gerovolo, please keep us up to date. I
- 12:32Speaker 2: know that our listeners are really going to want to
- 12:35Speaker 2: know what answers are provided. So many of them fish
- 12:38Speaker 2: and enjoy the waterways here in the territory, and everybody
- 12:41Speaker 2: wants to be able to work together to ensure that
- 12:43Speaker 2: that can continue to happen.
- 12:46Speaker 3: I look absolutely, Katie. We've got so many territories whose
- 12:49Speaker 3: mental health is taking a nose die because of this,
- 12:52Speaker 3: because either their businesses, all the things that are so
- 12:55Speaker 3: near and dear to their heart are facing uncertainty of
- 12:59Speaker 3: being taken away from them, and we really have to
- 13:01Speaker 3: find a better way forward. And of course we'll keep
- 13:03Speaker 3: you and your listeners in the loop.
- 13:05Speaker 2: David, thanks so much for your time this morning. Very
- 13:07Speaker 2: much appreciate it.
- 13:09Speaker 3: Thank you, Katie, thank you