On Wed, Jan 16, 2008 at 09:27:08AM +1100, Greg & Val Clancy wrote:
> the Canada Geese are most likely not covered by the NSW National Parks &
> Wildlife Act and therefore are not the responsibility of DECC ...
> The Common Myna is not covered by the NPW Act either ...
The act is less than clear, it says:
"bird" means any bird that is native to, or is of a species that
periodically or occasionally migrates to, Australia, and includes
the eggs and the young thereof and the skin, feathers or any
other part thereof.
So a Common Myna isn't a "bird" under the meaning of the act but
a Canada Goose probably is.
More important is whether a species is "fauna" under the act and the
definition is:
"fauna" means any mammal, bird, reptile or amphibian.
I guess "bird" here implies the previous definition, so Mynas aren't
fauna under the act but Canada Geese probably are.
Incidentally the act's definition of "reptile" includes introduced
species so Red-eared Sliders - which there are serious concerns about
as an invasive pest - are "fauna" under the act and hence protected,
assuming there isn't subsequent legislation. There is a schedule of
unprotected fauna presumably included for species like this but it has
only a few mammals on it and doesn't seem to be updated.
I assume DECC has suitable powers to cull the Durras geese - and I think
should do this.
You can do your own amateur legal interpretation at:
http://www.austlii.edu.au/au/legis/nsw/consol_act/npawa1974247/
Andrew
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