Andrew Taylor <>
Wed, 16 Jan 2008 10:40:27 +1100
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
"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:
The University of NSW School of Computer and Engineering
takes no responsibility for the contents of this archive. It is purely
a compilation of material sent by many people to the birding-aus mailing list. It has not been checked for accuracy nor its content verified in any way.
If you wish to get material removed from the archive or
have other queries about the archive e-mail
Andrew Taylor at this address: