Key Points:
Karpany v Dietman confirms the position in Yanner v Eaton.
The High Court has handed down a decision which further confirms
that native title rights to hunt, fish and gather can trump state
legislation that conflicts with the continued exercise of such
rights, effectively creating a dichotomy of rights and practical
difficulties for policing compliance.
In Karpany v Dietman [2013] HCA 47, a father and son who were
traditional owners in the Yorke Peninsula area in South Australia
took 24 undersized abalone while fishing. The Fisheries Management
Act 2007 (SA) (FMA 2007) and its predecessor, the
Fisheries Act 1971 (SA) (FA 1971), prohibit a
person from taking fish and other marine creatures except as
provided by the Act (this included size restrictions) or unless the
person held a licence. The men were members of the Narrunga People
and the abalone were taken in accordance with their traditional
laws and customs.
