Native animals aren’t safe – how ‘protection’ laws are failing animals.

As domestic and international travellers explore the vast landscape of Australia, their eyes light up at the prospect of encountering Australia’s iconic native animals. They are fascinated by their unique traits and hope to see them thriving in their natural environment. When they learn about what actually happens to these animals, they often become full of disbelief and shock. Why? Because native animals are not afforded the protection and respect they deserve. While federal and state and territory protection laws exist, each state and territory can grant people permits to kill and exploit native species. This has devastating consequences for the individual animals, their species populations, and the ecosystems they live in. 

Current “protection” laws allow the killing of native animals with permits.

Federal laws –

At the Federal level, the Environment Protection and Biodiversity Conservation Act 1999 (‘EPBC Act’) provides the framework for the “protection” of native species and their habitats. 

The EPBC Act aims to ensure that any actions taken by individuals or companies do not harm the environment or threaten the survival of native species. It also identifies and protects areas of environmental significance, including national parks, world heritage sites, and threatened species habitats. Under the EPBC Act, individuals and businesses must obtain approval from the government before they undertake any action that can impact the environment or native species. 

There are, however, a range of permits, or loopholes, that effectively reverse these protections. These can be granted for a range of reasons including scientific research, the protection of property, or the management of native ‘pest’ species. 

State laws – 

At a state level, each state and territory has their own set of laws and regulations under the EPBC Act, regarding the conservation and protection of native animals.

These Acts reflect outdated thinking. They view wild animals from the perspective of being “game” or “pest” species, lack clear and effective provisions for the protection of habitat, are ambiguous on the killing of native species, and have not updated penalties for wildlife crime. 

No animal is safe – each state permits the slaughter of native species. 

Such laws exist and are promoted under the guise of keeping wildlife safe. In reality, they still allow animals to be killed and exploited under various licences, authorities, permits, and exemptions. There are many circumstances in which someone can harm, exploit or even kill a native animal. This includes when they are accused of causing damage (to buildings, pastures, crops, property or farmed animals), posing a threat to human health and safety, or are viewed as beneficial for research, education, or the economy. Consequently, a wide range of native species - including emus, flying-foxes, kangaroos, magpies, possums, wombats, cockatoos, dingoes, crocodiles, and ducks - may be targeted and legally killed. On top of this, current laws do not even guarantee the protection of threatened species.

The circumstances that permit the killing and exploitation of native animals reflect a mindset that prioritises human interests over animal welfare.

Australia is the world leader in mammal extinctions, largely due to environmental destruction and degradation. As humans encroach more on animals' habitats, by fragmenting their homes, destroying trees and other habitats, building roads, structures, and farms, interactions with wild animals are becoming more common. This can cause conflict when they are deemed to be a “nuisance” or a “threat” to economic productivity or human safety. This can result in state or territory government’s granting permission to remove or kill them. Other circumstances include commercial slaughter, recreational hunting, using the animals for scientific research, education, and traditional use by First Nations people.

Animals are not a nuisance or threat, they have a right to live.

Some examples of killing permits include: licences to harm native animals in NSW; authority to control wildlife in Victoria; damage mitigation permits in QLD; property protection permits in Tasmania; permit to destroy wildlife in SA; fauna taking licence in WA; and permits to take or interfere with wildlife in NT. In most states, the laws state that a person “must exhaust all practical non-lethal options”, such as building fences, trapping, and relocation, before they are granted legal permission to kill native species. However, there appears to be no formal way for the government to assess if a person has actually tried non-lethal methods. In other jurisdictions, oversight appears minimal. For example, the Tasmanian Department responsible for issuing property protection permits currently conducts visits to only 10% of all properties applying for a permit to use 1080 poison.

In addition to these licenses, the government also intervenes with wildlife and kills native animals under the guise of “environmental management” or “conservation”. Despite a national policy that rejects the killing of koalas, some states, like Victoria, have conducted koala “culling” programs. 

Economic profits from commercial hunting leaves wildlife populations at risk.

Under the state and territory laws, individuals or businesses can apply to legally hunt, kill, and sell certain native animals for meat or other products. The most common native animals that are targeted under commercial licences are kangaroos, wallabies, possums, quail, pigeons, and ducks. The hunting of kangaroos is the largest land-based slaughter of wildlife in the world. It is estimated that a kangaroo is killed every 30 seconds in NSW alone.

Recreational hunting causes unnecessary suffering to native animals. 

The recreational hunting of many native species is allowed in each state. However, there are basic rules and regulations regarding when (time of year), where (private or public land), and how many animals can be killed. 

The species who can be targeted vary across the states include wallabies, kangaroos, dingoes, native birds (corellas, cockatoos, kookaburras, galahs, ravens, quails, guinea fowl, pheasants, turkeys, magpie geese), and waterfowl (black duck, wood duck, and chestnut teal). It is illegal to recreationally kill waterfowl in NSW, QLD, ACT, and WA. 

A case study: Victorian duck shooting.

It is evident that the rules and regulations regarding recreational hunting are hard to uphold. During the duck shooting seasons in Victoria, shooters are regularly caught shooting incorrectly, not collecting the waterfowl, killing non-target species, killing over their bag limits, and burying bodies to hide the evidence. 

Additionally, shooters are only required to pass the waterfowl identification test with just 75% accuracy and they only need to sit the test once. Adolescents and international visitors are not required to sit the test at all and no one is required to pass a shooting accuracy test.

Dead ducks found by the Coalition Against Duck Shooting rescuers during the 2017 duck shooting season.

Animals are not research or education tools.

Researchers and schools can apply for permits to keep, use, and even breed native animals for research and educational purposes. This can involve catching and removing an animal from their home, and keeping them on display.

https://nswschoolanimals.com/australian-native-animals/#:~:text=Scientific%20licences%20are%20issued%20by,of%20native%20animals%2C%20not%20breeding.

A baby crocodile on display for “education”.

Indigenous use is permitted.

Under the Native Title Act 1993, Indigenous people have the right to hunt, kill, and use native animals for traditional purposes, including for food, medicine, and cultural practices. The EPBC Act does provide some exemptions and set some conditions, to reduce a particular species from being overexploited. 

Shot, poisoned, or bludgeoned – legal ways to kill

The methods used to kill native animals vary depending on the species, the reason for their control, and the state or territory where the control is being conducted. Some of the common methods used for controlling native species in Australia include:

  1. Shooting: shooting is a common method used to kill dingoes, macropods and waterfowl. It can be undertaken by professionals or unpaid people for recreational or commercial purposes.

  2. Poisoning: Though poisoning is usually reserved for introduced species, a number of native species can be legally targeted using 1080 poison. These include dingoes in every state and territory as well as Bennett’s wallabies, pademelons and brush-tailed possums in Tasmania.

  3. Bludgeoning and decapitation: It is legal to kill small furless and furred joeys by blunt force trauma. Joeys who fit in the palm of the hand can also be killed by decapitation. This means “severing the head from the body with a sharp blade”.

  4. Breaking necks: If a bird or waterfowl is incorrectly shot and does not die instantly, it is legal to twist and break their necks to kill them. This is often referred to as “cervical dislocation”.

A breakdown of the type of shooting from Pestsmart.

Ultimately, the “protections” mean nothing as millions of native animals are killed every year across Australia.

The number of animals killed under these permits vary from state to state, but ultimately, millions of native species are killed while being “protected”. The following are a few examples.

Between January and March 2023, the NSW Government granted 155 licences to harm kangaroos. Under these licences, at least 11,322 macropods are authorised to be killed. These include Eastern Grey Kangaroos, Wallaroos, Red Kangaroos and Red-necked Wallabies. In the same period, 58 licences were granted for harming other native animals. These included corellas, cockatoos, galahs, ravens, currawongs, possums, ducks, swallows, ibis, rats, cormorants, and antechinus. In total, 7,459 individuals of these species were authorised to be killed. The methods used include shooting, trapping, or catch and release. Meanwhile in Victoria, the Government approved the harvesting cull of 166,730 grey kangaroos for meat and 69,600 for landholders. 

In 2022, an estimated 260,000 ducks were killed during the Victorian duck shooting season. Despite duck numbers in Victoria being at an all time low with population species showing to be in long-term decline, the Victorian Government still approved a shortened duck shooting season for 2023.

In Tasmania, approximately 50,000 ducks were killed during the 2022 duck hunting season, which lasted 3 months. The 2023 season has also been approved despite population numbers decreasing. 

In the years between 2015 and 2019, millions of native species were killed under permits in Tasmania. Some of these species, such as pademelons, went extinct on the mainland during the 19th century and exist only in Tasmania. Others currently killed under these permits, such as forester kangaroos, are considered a subspecies yet do not exist on the mainland either. In 2019, it was estimated that an average of 1,110 wallabies and possums were killed under such permits every day. Other estimates suggest that non-commercial culling kills approximately 500,000 wallabies each year.

What’s next?

Australia is home to a rich diversity of native species, many of which are unique and iconic. Though they all play an important role in Australia’s ecology, these animals are not afforded the protection and respect they deserve. The Australian Government has created a false notion that we are kind to animals and respect them, but the truth is, native animals – like all animals – are viewed as nothing more than commodities to be exploited for profit or removed as “threats” to economic interests. 

Australia’s native animals lack meaningful “protection” under both federal and state and territory legislation and this must change. We need laws that actually protect them, rather than ones that continue to allow them to be killed and exploited under various licences, authorities, permits, and exemptions.