Mr BONSON - 2007-06-21
Following the decision of the Federal Court in the Blue Mud Bay case, the Territory government indicated that it would launch an appeal. Can the Attorney-General please advise the House of recent developments in this appeal?
ANSWER
Madam Speaker, I thank the member for Millner for his question. I am pleased to advise the Assembly that, this morning, the High Court in Brisbane granted the Northern Territory government leave to appeal in the Blue Mud Bay case. It was not an unexpected development. The case is complex. It does go to the heart of the Territory government’s ability to apply and enforce its own laws right across the Territory. All parties expected leave to be granted and that the matter would ultimately be resolved in the High Court.
As I said, immediately following the Federal Court decision in March, the Territory government strongly disagrees with the Federal Court’s interpretation of the relevant Commonwealth legislation on this matter. However, it is essential to good governance in the Territory that all Territory laws, such as the Fisheries Act in this case, should apply right across the entire Territory, and the Federal Court decision has thrown that basic principle into grave doubt.
This appeal is not about taking away people’s rights. It is to provide the legal clarity and certainty so that all parties involved can move forward with confidence. It is now anticipated that full arguments will be heard within the next four months or so, with a decision to be handed down in the first part of next year. In the meantime, the interim permit arrangements established by the land councils will continue to guarantee, most importantly, free access to tidal waters for all fishers.
ANSWER
Madam Speaker, I thank the member for Millner for his question. I am pleased to advise the Assembly that, this morning, the High Court in Brisbane granted the Northern Territory government leave to appeal in the Blue Mud Bay case. It was not an unexpected development. The case is complex. It does go to the heart of the Territory government’s ability to apply and enforce its own laws right across the Territory. All parties expected leave to be granted and that the matter would ultimately be resolved in the High Court.
As I said, immediately following the Federal Court decision in March, the Territory government strongly disagrees with the Federal Court’s interpretation of the relevant Commonwealth legislation on this matter. However, it is essential to good governance in the Territory that all Territory laws, such as the Fisheries Act in this case, should apply right across the entire Territory, and the Federal Court decision has thrown that basic principle into grave doubt.
This appeal is not about taking away people’s rights. It is to provide the legal clarity and certainty so that all parties involved can move forward with confidence. It is now anticipated that full arguments will be heard within the next four months or so, with a decision to be handed down in the first part of next year. In the meantime, the interim permit arrangements established by the land councils will continue to guarantee, most importantly, free access to tidal waters for all fishers.
Last updated: 09 Aug 2016