
The Australian magpie is a protected native species in Australia, making it illegal to kill or harm them. However, some states provide exceptions for magpies that attack humans, allowing for lethal action to be taken against particularly aggressive birds. In recent years, there has been public outrage over the shooting of magpies by authorities, with some calling for alternative methods such as relocation to be prioritized. Despite their protected status, magpies continue to face threats from human activities, including road accidents, electrocution by power lines, and poisoning.
| Characteristics | Values |
|---|---|
| Legality of killing magpies in Australia | It is illegal to kill or harm magpies in Australia as they are a protected native species. However, some states provide exceptions for a magpie that attacks a human, allowing a particularly aggressive bird to be killed. |
| Penalties for killing magpies | Penalties for animal cruelty offences can include a fine of up to $92,460 or imprisonment for 2 years. In other cases, the penalty for harming or killing magpies can be a $5000 fine or six months' imprisonment. |
| Alternative methods to handle aggressive magpies | Authorities may opt to catch and release or relocate aggressive magpies. |
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What You'll Learn

Magpies are a protected species in Australia
Magpies are a protected native species in Australia, so it is illegal to kill or harm them. They are described as one of Australia's most accomplished songbirds and are commonly fed by households around the country. However, during mating season, a small minority of breeding magpies become aggressive, swooping and attacking those who approach their nests.
In the wild, magpies have natural predators such as monitor lizards and barking owls, and they may be killed on roads or electrocuted by power lines. Despite this, they are a common and widespread species, and their populations are declining.
In some states, exceptions are made for magpies that attack humans. For example, in South Australia, an aggressive bird can be killed under the National Parks and Wildlife Act. However, in most cases, the preferred method is to catch and relocate the bird to an unpopulated area. This is because magpies can find their way home from distances of up to 25 km away, and removing the nest is not a solution as the birds will breed again and may become even more aggressive.
There is some controversy over the killing of magpies, with public anger and criticism from animal welfare groups following incidents where authorities have shot aggressive birds. While licences to harm magpies exist, some argue that there is no excuse for killing a native bird protected by law, and that catch and release is the best way to manage aggressive birds while also protecting human safety.
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It is illegal to kill or harm magpies
In Victoria, a man was charged with killing four and wounding two Australian magpies, resulting in 21 charges, including the destruction of protected wildlife and wounding an animal resulting in death. The penalties for harming magpies can be severe, with fines of up to $92,460 or imprisonment for up to two years.
While magpies are generally beloved in Australia, during mating season (August to October), a small percentage (3-10%) become highly aggressive, swooping and attacking visitors to their territory. This behaviour is their way of protecting their eggs and chicks. To avoid being attacked by a magpie, it is recommended to stay calm, walk away, and not run. Holding an umbrella or stick above your head can also help, as magpies will usually go for the highest point.
Overall, it is important to remember that magpies are protected in Australia, and it is illegal and cruel to harm or kill them.
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Exceptions are made for aggressive birds
Magpies are a protected native species in Australia, and it is illegal to kill or harm them. However, some states provide exceptions for aggressive birds that attack humans, allowing them to be killed. For example, section 54 of the South Australian National Parks and Wildlife Act permits the killing of particularly aggressive birds.
In most cases, an aggressive bird will be caught and relocated to an unpopulated area rather than killed. This is because magpies can find their way home from distances of less than 25 km (16 mi), and removing the nest is ineffective as the birds will breed again and may become even more aggressive. Relocation is also beneficial to the magpie, as they are usually stressed and in need of more space when they are attacking.
There are several ways to deter magpie attacks. Wearing a broad-brimmed or legionnaire's hat or using an umbrella will deter attacking birds, as they will go for the highest point. Attaching fake eyes or an image of eyes to the back of a hat or helmet can also deter attacks, as magpies mostly attack from behind and are less likely to do so if they think they are being watched. If riding a bicycle, attaching brightly coloured cable ties to your helmet or a tall pole or flag to the back of the bike may deter swooping.
Despite the rarity of attacks and the existence of humane deterrence methods, there are still instances of aggressive magpies being shot by authorities. Between August 2014 and September 2019, 75 licences to harm magpies were used to shoot or euthanise the birds, sparking public anger and concerns about the risk to magpie chicks.
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Authorities have been known to shoot aggressive magpies
Magpies are a protected native species in Australia, and it is illegal to kill or harm them. However, authorities have been known to shoot aggressive magpies that pose a threat to human safety. This has led to public anger and criticism from animal lovers and experts who recommend relocation as a more humane alternative.
In recent years, there have been several reports of aggressive magpie attacks in Australia, resulting in injuries and hospitalizations. Local councils and police have taken action by obtaining permits and licenses to shoot these birds as a last resort. For example, in 2019, a Sydney council shot a "particularly aggressive" magpie that had allegedly attacked and injured residents over three years, resulting in over 40 complaints. Similarly, in 2018, police in Lismore shot a magpie, and another was shot in Bella Vista, Sydney, after attempts to relocate it failed.
Bird experts and enthusiasts argue that relocation is the best approach to dealing with aggressive magpies. They claim that magpies are easy to catch and that issues with relocation are rare. Ornithologist Gisela Kaplan, author of the book "Australian Magpie," emphasizes that killing native birds protected by law is unacceptable. She highlights the declining magpie population and stresses the need for more mindful approaches to managing these birds.
Darryl Jones, a bird expert from Griffith University, shares similar sentiments. He has been studying magpie attacks since the 1990s and recommends catching and relocating problem magpies to maintain human safety while protecting the birds. Jones has provided guidance to councils and state government agencies, with Queensland successfully adopting his recommendations. However, his advice has been ignored in New South Wales (NSW), where authorities continue to prioritize shooting over relocation.
While the shooting of aggressive magpies by authorities has sparked controversy and debate, it is important to note that magpies are protected by law in almost every state and territory. This protection ensures that only authorized personnel can make decisions regarding the management of these birds, balancing human safety and the conservation of this beloved Australian species.
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Killing magpies is punishable by fines or imprisonment
Magpies are a protected native species in Australia, so it is illegal to kill or harm them. Australian magpies are an iconic species and are protected by law in almost every state and territory. Killing or harming them can result in fines or imprisonment.
In Victoria, for example, a man was charged with 21 offences under the Wildlife Act 1975 and the Prevention of Cruelty to Animals Act 1986 for allegedly killing four and wounding two Australian magpies. The charges included the destruction of protected wildlife and wounding an animal resulting in death. He faces fines of up to $92,460 or imprisonment for 2 years.
In New South Wales, the Parks and Wildlife Service has issued licences to harm or kill aggressive magpies, but this is not the norm. Griffith University's Darryl Jones, who has studied magpie attacks for decades, advocates for catch-and-release methods, arguing that it is possible to manage aggressive magpies without resorting to killing them.
While magpies can sometimes exhibit aggressive behaviours, particularly during mating season, these attacks are rare and are the bird's way of protecting their eggs and chicks. It is important to remember that magpies are an integral part of Australia's unique wildlife and should be treated with compassion and respect.
If you encounter a problem magpie, it is recommended to contact your local council or NPWS office for guidance. Temporary signs and social media can also help spread awareness about avoidable nesting areas.
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Frequently asked questions
Yes, magpies are a protected native species in Australia, so it is illegal to kill or harm them. However, some states provide exceptions for a magpie that attacks a human, allowing a particularly aggressive bird to be killed.
Penalties for harming or killing magpies include fines of up to $5000 or six months' imprisonment. In Victoria, animal cruelty offences carry a fine of up to $92,460 or imprisonment for 2 years.
Magpies are generally protective of their eggs and chicks, and attacks are rare, mostly occurring during the mating season (August to October). If you feel threatened, stay calm, and walk away from the bird without running or yelling. You can also try to make yourself seem larger by holding an umbrella or stick above your head.
Aggressive behaviours may include alarm calls, distant and close swoops, dive-bombing and striking, and frontal attacks.
Aggressive magpies can be caught and relocated to unpopulated areas. In some cases, licences may be issued to harm or euthanise magpies that pose a threat to human safety.

























