Hunting equipment and firearms 1816-present
The hunting and fishing practices of Aboriginal people have been significantly constrained by a series of laws and policies regulating hunting equipment, particularly firearms.
In the early years of the colony, the government responded to growing frontier conflict with laws and policies specifically targeting Aboriginal people. In 1816, Governor Lachlan Macquarie issued a proclamation () that prohibited Aboriginal people from gathering in groups of more than six people or carrying any weapons, like spears or clubs, within one mile of European settlements. It also offered a 'passport' for protection against harm in exchange for not carrying weapons ().
Aboriginal people had traditionally relied on spears and other hunting tools, but gradually incorporated firearms into their hunting practices as a result of interactions with European settlers.
In 1840, the Aboriginal Natives Use of Firearms Prohibition Act (NSW) () prohibited Aboriginal people from possessing or using firearms and allowed any non-Aboriginal person to take firearms or ammunition from them. This law was prompted by the presence of armed Aboriginal people during frontier conflicts and the increasing use of firearms in Aboriginal people’s hunting practices (, ).
This prohibition was revoked in 1842 (). Other laws restricting firearm use generally, like the Sunday Shooting Prohibition Act 1841 (NSW) () and the Fire Arms Act 1852 (NSW) (), did not reference Aboriginal people or consider their use of weapons for hunting.
The Fire Arms and Dangerous Weapons Act 1973 (NSW) () introduced firearm licensing and registration without specific consideration of Aboriginal people or their hunting practices.
The National Parks and Wildlife Act 1974 (NSW) () prohibited using various tools, including firearms, in nature reserves, again without reference to Aboriginal hunting.
The National Parks and Wildlife Regulation 2002 (NSW) () allowed Aboriginal people to possess and use firearms for 'domestic purposes' in specific conservation areas, a provision also found in the National Parks and Wildlife Regulation 2009 (NSW) (). However, the current National Parks and Wildlife Regulation 2019 (NSW) () no longer contains any exemption for Aboriginal people regarding firearm use within conservation areas.
The law and policy in this subject is accurate as of 1 April 2024.