Karpany v Dietman

Native title – Native title right to take fish – Fisheries Act 1971 (SA) prohibited taking fish without licence or except as provided by the Act – Fisheries Act permitted taking fish by certain means without licence for non-commercial purposes – Whether statute inconsistent with continued existence of native title right to take fish – Whether native title right extinguished by pre-1975 State fisheries legislation.

Native title – Native title right to take fish – Native title holders charged with possessing undersize abalone contrary to s 72(2)(c) of Fisheries Management Act 2007 (SA) – Section 115 of Fisheries Management Act provided for ministerial exemption – Whether ministerial exemption "licence, permit or other instrument" for the purposes of s 211 of Native Title Act 1993 (Cth).

Words and phrases – "extinguishment", "inconsistent with the continued existence of a native title right", "licence, permit or other instrument", "native title rights and interests".

Fisheries Act 1917 (SA) – ss 39, 48.

Fisheries Act 1971 (SA) – ss 28, 29, 42, 47.

Fisheries Management Act 2007 (SA) – ss 3, 5, 72, 115.

Native Title Act 1993 (Cth) – ss 11, 211, 223.