Ruqayyah Snyder
Australia is known for its diverse range of unique animals and plants, and the Australian government is committed to protecting and conserving its native species. As a general rule, all native Australian animals are protected by law. However, there are exceptions and complexities to these rules. State and territory governments have primary responsibility for the management of native wildlife, while the Australian government has constitutional power over exports and imports. The government intervenes with wildlife management and may kill native animals under the guise of environmental management or conservation. There are various licenses, authorities, permits, and exemptions that allow individuals or businesses to hunt, kill, and sell certain native animals. These permits are granted when native animals are deemed a nuisance or a threat to human safety or economic productivity.
| Characteristics | Values |
|---|---|
| General Rule | All native Australian animals are protected by law |
| Penalty for Taking a Protected Animal | Fine of up to $100,000 or imprisonment for two years |
| Most Serious Penalties | When the animal is of an endangered species |
| Commercial Harvesting Allowed Under | A plan of management prepared and adopted by the Minister |
| Commercial Harvesting Allowed For | Red kangaroos, western grey kangaroos and euros (wallaroos) |
| Commercial Harvesting Requirements | Address impact on species and ecosystems, protection of the environment, methods and procedures for capture or killing, and community consultation |
| Commercial Harvesting of Other Species | Only if permitted by regulation |
| EPBC Act | Australian Government has responsibility for protecting native species listed as threatened under the Act |
| Export of Native Specimens | Generally requires a permit |
| Export Without a Permit | Specimens included on the List of Exempt Native Specimens (LENS) |
| State and Commonwealth Lists of Endangered Species | Not the same; State lists refer to penalty severity, while Commonwealth lists determine need for government assessment and approval |
| State and Territory Governments' Responsibility | Management of native wildlife, including kangaroos and their welfare |
| State and Territory Governments' Intervention | Permission to remove or kill native animals deemed a "nuisance" or "threat" to economic productivity or human safety |
| Native Title Act 1993 | Indigenous people have the right to hunt, kill, and use native animals for traditional purposes |
| Circumstances for Harming or Killing Native Animals | Accused damage to buildings, crops, property, etc., posing a threat to human health and safety, or beneficial for research, education, or the economy |
| Examples of Killing Permits | Licences to harm native animals in NSW, authority to control wildlife in Victoria, damage mitigation permits in QLD, etc. |
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What You'll Learn
- Protected Australian native animals can be commercially harvested under certain circumstances
- Native animals can be killed or removed if deemed a 'nuisance' or threat to safety or economic productivity
- Indigenous Australians can hunt, kill, and use native animals for traditional purposes
- State and territory governments have primary responsibility for managing native wildlife
- The Australian Government regulates international trade in wildlife and wildlife products
Protected Australian native animals can be commercially harvested under certain circumstances
In Australia, all native animals are generally protected by law. State laws cover the taking of protected animals, while Commonwealth laws cover exporting or smuggling of wildlife. Under the National Parks and Wildlife Act 1972 (SA), penalties for taking a protected animal or its eggs include fines of up to $100,000 or imprisonment for two years, with more severe penalties for endangered species.
However, protected Australian native animals can be commercially harvested in certain circumstances. Commercial harvesting of native animals is permitted under specific regulations and with the necessary permits. For instance, red kangaroos, western grey kangaroos, and euros (wallaroos) may be commercially harvested if a plan of management has been prepared and adopted by the Minister. This plan must address the impact of harvesting on the species and ecosystems, environmental protection, methods for capture or killing, and community consultation.
The Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (Cth) has increased protection for threatened species, making them a matter of national environmental significance. The EPBC Act also gives the Australian Government responsibility for protecting native species listed as threatened. The export of Australian native specimens typically requires a permit, and the government regulates international trade in wildlife to protect species from exploitation.
State and territory governments have primary responsibility for managing native wildlife, including kangaroos and crocodiles. Some states allow the commercial harvest of kangaroos under sustainable management principles, and they also manage crocodile industries in their territories. Tasmania, for example, has legislation for the commercial harvesting of the common brushtail possum, with annual quotas adjusted according to population changes.
Overall, while native Australian animals are generally protected, there are specific circumstances where they can be commercially harvested. These circumstances are regulated by state and Commonwealth laws, with strict penalties for violations to ensure the sustainable use and protection of native species.
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Native animals can be killed or removed if deemed a 'nuisance' or threat to safety or economic productivity
In Australia, native animals are generally protected by law. Under the National Parks and Wildlife Act 1972, penalties for taking a protected animal or its eggs include fines of up to $100,000 or imprisonment for two years, with more severe penalties for endangered species. The Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (Cth) also increases protection for threatened species and ecological communities, making them a matter of national environmental significance.
However, there are exceptions where native animals can be killed or removed if deemed a nuisance or threat to safety or economic productivity. State and territory governments have the primary responsibility for managing native wildlife, and they can grant permission for removal or culling in certain circumstances. For example, some states allow the commercial harvesting or culling of kangaroos to reduce their impact on agriculture and the environment, or for meat and other products. Similarly, the Common Brushtail Possum in Tasmania is not listed as threatened, and annual harvest quotas are adjusted based on population monitoring.
Native animals can also be legally killed or removed under various licences, permits, and exemptions. These include situations where they are causing damage to buildings, crops, property, or farmed animals, or posing a threat to human health and safety. Additionally, animals may be targeted for commercial slaughter, recreational hunting, scientific research, education, and traditional use by First Nations people. In most states, individuals or businesses must first exhaust all practical non-lethal options before being granted permission to kill native species. However, there appears to be minimal oversight and no formal way to assess if non-lethal methods have been attempted.
The government also intervenes with wildlife management and kills native animals under the guise of "environmental management" or "conservation." For example, despite a national policy against killing koalas, some states have conducted koala "culling" programs. Additionally, Indigenous people have the right to hunt, kill, and use native animals for traditional purposes, including food, medicine, and cultural practices.
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Indigenous Australians can hunt, kill, and use native animals for traditional purposes
As a general rule, all native Australian animals are protected by law. Under the National Parks and Wildlife Act 1972 (SA), anyone who takes or possesses a protected animal or its eggs can face penalties, including fines of up to $100,000 or imprisonment for two years, depending on the type of animal or egg. The most serious penalties are reserved for endangered species.
However, this law has some exceptions for Indigenous Australians. In recognition of their traditional ownership rights to the land prior to British invasion, Indigenous Australians are exempt from certain conservation and wildlife laws when hunting for food or ceremonial purposes. These exemptions vary by state and are often subject to specific conditions and controls.
In the Northern Territory, for example, Aboriginal traditional hunting is generally not subject to conservation laws unless those laws are expressly stated to affect Aboriginal people and are made for wildlife conservation purposes (Territory Parks and Wildlife Conservation Act 1976 (NT) s 22). Similarly, in Western Australia, the Wildlife Conservation Act 1950 s 23 (WA) exempts Aboriginal people from conservation laws when hunting for food on land that is not a native reserve or wildlife sanctuary. In South Australia, regulations enable Indigenous Australians to hunt protected animals for food but not within conservation reserves.
In Queensland, the government is considering legislative options to permit Indigenous communities to hunt and gather on protected lands. The Queensland Aboriginal Land Act, 1991, allows for the gazettal of some national parks for claim by Aboriginal people, who may then be permitted to hunt traditional foods under certain circumstances and according to established management plans for the park and species.
It is important to note that the issue of Indigenous hunting rights in Australia is a complex and contentious topic, with arguments for and against the recognition of traditional Aboriginal rights to hunt on traditional lands. While some view this recognition as discriminatory against non-Aboriginal people, others emphasize the survival of Indigenous culture and the valuable contributions of Aboriginal people to ecological knowledge and management.
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State and territory governments have primary responsibility for managing native wildlife
In Australia, as a general rule, all native animals are protected by law. State laws cover the taking of protected animals, and Commonwealth laws cover exporting or smuggling of wildlife. The National Parks and Wildlife Act 1972 (SA) outlines penalties for the taking of protected animals or their eggs, including fines of up to $100,000 or imprisonment for up to two years, depending on the animal. The Act also allows for the management and sustainable use of native plants and animals, including commercial harvesting under specific circumstances.
State wildlife agencies, often known as ""fish and game" departments, are responsible for managing wildlife and natural resources. These agencies have a dual mandate to conserve wildlife and provide sustainable recreational and commercial opportunities. Their focus is often influenced by hunters, fishers, and other consumptive users, who actively engage with the agencies and generate revenue through license purchases. However, this focus has been criticised for prioritising hunting and fishing over non-game conservation.
State governments have introduced legislation to protect wildlife, such as state-equivalent Endangered Species Acts and non-game programs. They also collaborate with the U.S. Fish and Wildlife Service and receive funding from the federal government for biodiversity conservation initiatives. While states have primary responsibility, the federal government retains ultimate authority over wildlife management on federal lands and can override state decisions if necessary. This dynamic between state and federal powers shapes the management and protection of native wildlife in Australia.
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The Australian Government regulates international trade in wildlife and wildlife products
As a general rule, all native Australian animals are protected by law. While state laws cover the taking of protected animals, the Australian government regulates the import and export of wildlife across its borders. The government can conduct inspections and reviews to check for suspected breaches of the law and has the power to seize evidence, including live animals.
The EPBC Act authorises the Australian Federal Police and Customs officers to seize animals, plants, and products that may have been brought to Australia illegally. In the case of live animals, one of the following will happen: the animal will be housed within Australia at an accredited institution, re-exported to an appropriate facility outside Australia, or euthanised by a qualified veterinarian. Most other seized items are destroyed. Severe penalties apply to wildlife trafficking, including fines and imprisonment.
The import and export of certain wildlife are not allowed, and in some cases, a permit is required. Permits are needed for the export of native and exotic birds, and the conditions for the overseas transfer of Australian native animals are available publicly. The Australian government publishes a live import list, and it is illegal to import a live animal that is not on this list. It is also illegal to import a pet to Australia if the pet is a wild animal species or a hybrid of a wild animal.
The Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (Cth) has increased the level of protection for threatened species and ecological communities, making them a matter of national environmental significance. The content of the Act is publicly available, and lists of threatened species and ecological communities can be found on the website of the Department of the Environment and Energy.
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Frequently asked questions
As a general rule, all native Australian animals are protected by law. However, there are exceptions.
Native Australian animals can be killed or exploited under various licences, authorities, permits, and exemptions. For example, in the case of commercial slaughter, recreational hunting, scientific research, education, or traditional use by First Nations people.
Some examples of permits that allow the killing of native Australian animals include licences to harm native animals in NSW, authority to control wildlife in Victoria, damage mitigation permits in QLD, property protection permits in Tasmania, and permits to take or interfere with wildlife in NT.
Under the National Parks and Wildlife Act 1972 (SA), any person who takes a protected animal or its eggs without a permit can face penalties, including a fine of up to $100,000 or imprisonment for two years, depending on the type of animal or egg being taken.
The process for obtaining a permit to take a protected animal varies depending on the specific circumstances and the state or territory in Australia. In some cases, individuals or organizations may need to apply for a permit through the relevant government department or agency, providing information on the species, the purpose for taking the animal, and the methods used.
