This isn't a legal opinion, but interfering with an active nest would
definitely constitute "harm" within the meaning of the NCA. "Harm" isn't
defined by the Act, as you probably know, and it becomes a question of
context etc in each case. In this case, given a new male has displaced the
old, the question might come down to whether the mound is active as a nest
yet, in the sense of whether or not eggs have yet been laid etc.
Generally speaking, tenure/land ownership wouldn't matter, as the NCA
provisions apply irrespective of that.
It's interesting that advice is given on this Brisbane-based (licensed)
wildlife catcher website to cover early-stage mounds in precisely the manner
your neighbour has done, as a deterrent strategy for birds that are causing
garden-proud landowners frustration:
https://www.wildlifeqld.com.au/turkey-removal-brisbane-gold-coast-logan/#:~:
text=Firstly%20the%20Brush%20Turkey%20is,through%20your%20constructed%20gard
en%20landscape.
Brisbane City Council also list an option to landowners of covering "empty
mounds":
https://www.brisbane.qld.gov.au/clean-and-green/natural-environment-and-wate
r/biodiversity-in-brisbane/wildlife-in-brisbane/living-with-wildlife/brush-t
urkey.
Your neighbour might be trying to follow that advice, aiming to get in early
enough to avoid harm to eggs?
It's probably right that doing that, at an early stage of mound
construction, wouldn't breach the Act. It's probably also right that it's
not illegal to do it between breeding seasons when no male is active at the
mound. Your case is a bit trickier again, as one male has usurped another's
previously active mound - but he may not have yet got things up and running
again (as it were)?
Don't suppose the opening exists for a constructive conversation with your
neighbour?
If you are pretty sure that harm has been done (definitely an active mound),
and you couldn't talk to your neighbour, you could report to Council and see
how they view the situation? Also, DES has an online Wildlife complaint form
you can complete and lodge as per instructions on the form:
https://www.des.qld.gov.au/contactus
Good luck with the situation.
Sally Sheldon
Cairns
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Subject: Birding-Aus Digest, Vol 82, Issue 10
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Today's Topics:
1. Brush-turkey legalities (Paul Taylor)
2. Re: Brush-turkey legalities (John Tongue)
3. Re: Brush-turkey legalities (Laurie Knight)
----------------------------------------------------------------------
Message: 1
Date: Thu, 13 Aug 2020 17:09:11 +1000
From: Paul Taylor <>
To:
Subject: Brush-turkey legalities
Message-ID: <>
Content-Type: text/plain; charset="utf-8"; Format="flowed"
Background:? We've had a Brush-turkey mound in our SE QLD backyard since
just after Christmas last year - very late in the season, but Spring was
very hot and dry.? The usual mass movements of leaf litter etc. occurred,
but you get that living on the fringe.
In the last week of so, there has been renewed activity at the mound - but
not the original male, who may have become a road statistic.
We think the new "alpha male" (big wattle) muscled in after a youngster had
done the hard slog.
A neighbour had a tarp. slung over our shared fence for several months; we
assumed to let it dry out.
This afternoon the tarp had been used to cover the mound, and was pegged
down with concrete blocks.? Does covering an active mound constitute "harm"
to a protected species?? (e.g. "/Nature Conservation Act 1992/".)
I don't want to start a fight with a neighbour, but they've totally crossed
the line here.
Thoughts etc.?
Thanks!
--
-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
Paul Taylor Veni, vidi, tici -
I came, I saw, I ticked.
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Message: 2
Date: Thu, 13 Aug 2020 17:46:19 +1000
From: John Tongue <>
To: Paul Taylor <>
Cc:
Subject: Brush-turkey legalities
Message-ID: <>
Content-Type: text/plain; charset="utf-8"
If it?s in your yard, then they?re guilty of trespass, if nothing else! Not
good!
John Tongue
Devonport Tas.
> On 13 Aug 2020, at 5:09 pm, Paul Taylor <> wrote:
>
> Background: We've had a Brush-turkey mound in our SE QLD backyard
> since just after Christmas last year - very late in the season, but
> Spring was very hot and dry. The usual mass movements of leaf litter
> etc. occurred, but you get that living on the fringe.
>
> In the last week of so, there has been renewed activity at the mound -
> but not the original male, who may have become a road statistic.
> We think the new "alpha male" (big wattle) muscled in after a
> youngster had done the hard slog.
>
> A neighbour had a tarp. slung over our shared fence for several
> months; we assumed to let it dry out.
>
> This afternoon the tarp had been used to cover the mound, and was
> pegged down with concrete blocks. Does covering an active mound
> constitute "harm" to a protected species? (e.g. "Nature Conservation
> Act 1992".)
>
> I don't want to start a fight with a neighbour, but they've totally
> crossed the line here.
>
> Thoughts etc.?
>
> Thanks!
>
> --
>
-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
> Paul Taylor Veni, vidi, tici -
> <>
I came, I saw, I ticked.
> <HR>
> <BR> Birding-Aus mailing list
> <BR>
> <BR> To change settings or unsubscribe visit:
> <BR>
> http://birding-aus.org/mailman/listinfo/birding-aus_birding-aus.org
> </HR>
John Tongue
Priest in Charge,
Devonport Anglican Church
64277468(h) 64246420(w) 0488473973
<>
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------------------------------
Message: 3
Date: Thu, 13 Aug 2020 17:53:50 +1000
From: Laurie Knight <>
To: Paul Taylor <>
Cc: Birding Aus <>
Subject: Brush-turkey legalities
Message-ID: <>
Content-Type: text/plain; charset=utf-8
G?day Paul
Is the mound in your yard or the neighbours, or does it straddle the
boundary?
Regards, Laurie.
> On 13 Aug 2020, at 5:09 pm, Paul Taylor <> wrote:
>
> Background: We've had a Brush-turkey mound in our SE QLD backyard
> since just after Christmas last year - very late in the season, but
> Spring was very hot and dry. The usual mass movements of leaf litter
> etc. occurred, but you get that living on the fringe.
>
> In the last week of so, there has been renewed activity at the mound -
> but not the original male, who may have become a road statistic.
> We think the new "alpha male" (big wattle) muscled in after a
> youngster had done the hard slog.
>
> A neighbour had a tarp. slung over our shared fence for several
> months; we assumed to let it dry out.
>
> This afternoon the tarp had been used to cover the mound, and was
> pegged down with concrete blocks. Does covering an active mound
> constitute "harm" to a protected species? (e.g. "Nature Conservation
> Act 1992".)
>
> I don't want to start a fight with a neighbour, but they've totally
> crossed the line here.
>
> Thoughts etc.?
>
> Thanks!
>
> --
>
-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
> Paul Taylor Veni, vidi, tici -
>
> I came, I saw, I ticked.
> <HR>
> <BR> Birding-Aus mailing list
> <BR>
> <BR> To change settings or unsubscribe visit:
> <BR>
> http://birding-aus.org/mailman/listinfo/birding-aus_birding-aus.org
> </HR>
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