Department of the Legislative Assembly, Northern Territory Government

Dr TOYNE - 2000-10-10

Territory anglers want access through Labelle Downs to the Perron Islands, reputedly the best fishing spot in the Territory. Chief Minister, if you had the political will you could make this happen today by enforcing your own Pastoral Land Act. This act guarantees the right of access for anglers to perennial natural water. It also requires pastoralists to allocate a designated access route and fines of $5000 if such access is denied to anglers.

Rather than running off to Canberra to grandstand, why don’t you start by enforcing your own laws or are you really only interested in keeping the Territory’s best fishing spots for your mates?

ANSWER

Mr Speaker, running off to Canberra could not have been to grandstand, this is the first thing, because if it was only grandstanding you would not have jumped in and tried to organise meetings with the NLC and AFANT, and also they wouldn’t have come into this Chamber and tried to seize the issue by suggesting we have a motion to have some sort of summit. So don’t talk about grandstanding on an issue that had no substance.

With regards to access to pastoral leases, again we have the Leader of the Opposition, classic, knocks out a press release saying ‘Ms Martin says AFANT have recently raised the issue with Labor …’ this is this lack of access to pastoral lands in order to fish, and I could tell you it is not automatic access, it is discretionary access based on a number of conditions.

Ms Martin interjecting.

Mr BURKE: The Leader asked me to read the act; I will read the advice I have given:

The Pastoral Land Act 1993 contains with it a requirement that all lessees of pastoral leases may have nominated a practical access route to perennial waters contained within their lease by 26 June 1993. If they did not do sothe Pastoral Land Board has the discretion to declare a route which provides access to the public for up to two weeks to areas within 50 metres of a perennial natural water. The Board is required to take into consideration a range of issues such as possible environmental damage, adverse effects on the pastoral operations, financial burden on the lessee, impact on privacy, the availability of alternative routes and whether access across pastoral land is necessary’.

That is called discretionary access, taking into account a number of circumstances. I am advised there has been one complaint to the Pastoral Land Board from fishermen with regards to access on pastoral lease.

Ms Martin comes out as the Leader of the Opposition and says that firstly AFANT have raised the issue - fishermen were becoming increasingly frustrated with the legal restriction of access. AFANT were considering urging their members to take direct action by entering pastoral land to fish despite the restrictions. Gutsy stuff.

This is the letter from AFANT to the Leader of the Opposition.

‘Dear Ms Martin

Your media release of 4 October 2000 is, to say the least, exceedingly misleading and verging on libellous. I refer specifically to the second page and the item regarding AFANT considering urging their members to take direct action.

Firstly, let me make one point very clear. AFANT have not and will never urge our members either directly or indirectly to break the law. Trespassing draws substantial penalties and you should be aware of that. I find it amazing that you, in your media release, are encouraging people to break the law.

During the course of the various …’…

Members interjecting.

Mr SPEAKER: Order!

Mr BURKE: Mr Speaker, they don’t like to hear it, but other people, Territorians, listening would be interested.

‘During the course of the various conversations that our Executive Officer, John Harrison has had with Mr Peter Toyne, he has made many comments on a wide variety of topics. Some of these comments have alluded to a frustration levelwithin the wider angling community over the access arrangements within the Northern Territory. This is reality. But changes and improvements take time and money. We have been working with the Northern Territory government to improve this aspect for the recreational fishing industry and we will continue to raise ideas and identify locations where access arrangements can be improved.

However, you or others within your party should not manipulate or twist Mr Harrison’s or other AFANT executive’s comments…’…

Members interjecting.

Mr BURKE: They do not like it, do they.

Mr Stirling: Fishermen want to fish. It is not political gains like this clown.

Mr SPEAKER: Order!

Mr Reed: Hang on a minute, he wasn’t a clown.

Mr SPEAKER: Order! Order on both sides. Just settle down, please.

Mr BURKE:You or others within your party should not manipulate or twist Mr Harrison’s or other AFANT executives’ comments to generate hype within the media for your own political endeavours. It is irresponsible by you to suggest that AFANT is in any way attempting to direct its members on a course of unacceptable behaviour. We object to the way in which you are using AFANT as a political tool’.

Members interjecting.

Mr SPEAKER: Order!

Members interjecting.

Me SPEAKER: Order! I warn the member for Nhulunbuy. You are warned.

Mr BURKE:This organisation takes pride in the fact that it is apolitical and will always and remain so. If you want cooperation and assistance from us in the future we expect a written withdrawal and apology regarding the second sentence on page two of your media release and that to be sent to all recipients of your 4 October media release.

Yours sincerely,
Brian McManus, President’.

I am sure the Leader of the Opposition considers this a stunt letter, but she really should apologise and whilst you are at it you might want to explain to the Police Commissioner your actions with Catherine.
Last updated: 09 Aug 2016