On Wed, Jan 16, 2008 at 03:01:39PM +1100, Mike Jarman wrote:
> The NSW NPWS is well aware of the birds and it is true that they
> don't technically fit within the NPWS act, unless of course they
> enter a National Park.
The NSW National Parks & Wildlife Act serves multiple purposes. As well
as legislation which applies to national parks & other reserves it
also includes legislation which applies to fauna generally in NSW.
So it protects, with some exceptions, all wild birds in NSW.
These protections seem to apply to vagrants such as the Jerseyville Lesser
Yellowlegs - which is desirable and the legislation doesn't differentiate
between migration from an established feral population overseas and a
native population overseas.
DECC can, of course, license the capturing or killing of the Durras
geese even if they are protected by the Act - and hopefully this will
happen.
The wording of the NSW Threatened Species Conservation Act is such that
the Durras geese may be technically eligible for listing - if a concerned
twitcher nominated them, not that this is likely.
The Non-Indigenous Animals Act mentioned by Carl doesn't seem to apply
to wild animals and the National Parks & Wildlife Act apparently takes
precedence.
The 3 acts are here:
http://www.austlii.edu.au/au/legis/nsw/consol_act/npawa1974247/
http://www.austlii.edu.au/au/legis/nsw/consol_act/tsca1995323/
http://www.austlii.edu.au/au/legis/nsw/consol_act/naa1987230/
Andrew
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