People and wildlife policy

1. In this policy, wildlife includes all protected mammals, birds, reptiles and amphibians, and all threatened species, including invertebrates, subject to the exclusions noted above.

2. NPWS is responsible for protecting and conserving wildlife in New South Wales, both within and outside national parks and reserves, under the BC Act and NPW Act. NPWS also has an advisory role in providing advice and support outcomes that maximise the conservation and welfare of wildlife.
3. NPWS will prepare and review advice, strategies and policy, and procedural guidelines on managing interactions with wildlife.
   • NPWS will provide guidelines to assist authorised and delegated officers in assessing the nature, scale and severity of an issue, determine when or if intervention is appropriate, and identify a suitable course of action
   • relevant policies and guidelines will be published on the NSW Environment website for public access and use
   • NPWS may make regular public announcements on recurring seasonal issues involving wildlife.
4. NPWS supports management options that leave wildlife in the wild where possible. Where intervention is necessary, the feasibility of non-lethal options will be considered as a first preference.
5. Risk-based responses to wildlife incidents will be determined considering:
   • the risk of injury to people or damage to property
   • conservation impacts and ecology
   • best available scientific information
   • animal welfare
   • community attitudes and expectations
   • evidence of genuine previous attempts to manage the situation without causing harm
   • the likelihood of a positive and lasting outcome
   • efficient use of resources.
6. The level of NPWS engagement will depend on a range of factors, including:
   • the likelihood of serious harm to a person
   • the extent or amount of property damage or level of nuisance being caused
   • whether a threatened species is involved
   • the number of animals affected
   • availability of resources
   • the location and accessibility of the site
   • staff safety.
7. NPWS may not approve applications or actions that harm wildlife if:
   • they are considered unnecessary, unreasonable or unjustifiable
   • less invasive or more moderate alternatives are available
   • the impacts caused by the animals are minor, or the risks posed by them are low
   • the behaviour is seasonal or intermittent
   • there is limited evidence of genuine previous attempts to manage the situation without causing harm
   • there is evidence of provocation to wildlife (including feeding)
   • perceived impacts from wildlife cannot be proven to present a genuine risk to human safety, damage to property, or economic hardship.
8. NPWS will not intervene or adjudicate in neighbour disputes. NPWS's role is limited to protecting and advising on wildlife, regulating wildlife management and managing wildlife on NPWS estate.
9. NPWS will keep records of actions and responses to add to the biological, ecological and behavioural knowledge of species and populations and help future decision making.
10. NPWS supports people actively learning about, interacting with, and contributing to our knowledge of wildlife and their habitat in a positive manner. Examples include:
    • join a wildlife or nature group
    • become involved in citizen science projects
    • report sightings of native and exotic species:
      • native species sightings can be reported to BioNet
      • report an unusual animal sighting (non-native species) to DPI
      • report wildlife disease events to Wildlife Health Australia
      • report feral animal activity to Feralscan
    • visit national parks, state parks, and local parks and reserves.
11. Where feasible, NPWS develops and maintains partnerships with key community stakeholders such as local government, NSW Police, peak industry bodies and wildlife rehabilitation groups to develop strategic solutions to recurring problems involving people and wildlife.
12. While taking all due care and precautions and aiming to provide a balanced and timely response, NPWS does not accept liability for the outcome of any action (or inaction) for damage caused to property, economic loss, or injury from interaction with wildlife.

13. Actions to manage wildlife must be justified, reasonable, humane, lawful, and consistent with the severity and scale of the impact. Options for managing animals include:
    • no intervention, where the animal may naturally move away, or the situation is no longer threatening or causing damage
    • in-place treatment, where the environment may be altered to change or restrict behaviour, but the animal is not captured, injured or killed
    • direct intervention or physical handling, which may involve relocation or euthanasia as a last resort – a BC licence (or other defence prescribed by the BC Act or Biodiversity Conservation Regulation 2017 [BC Reg]) is required.
14. Advice for managing interactions with many commonly encountered species is available on the Native animal facts webpage.
    • non-invasive options for living with or deterring wildlife may resolve some issues without the need for further action.
15. Where animals are behaving defensively towards people, causing damage to property or economic hardship in an off-park situation, NPWS aims to work with landholders to identify appropriate actions to minimise or remove the risks of injury or damage.
16. NPWS is not responsible for meeting the cost of wildlife management actions in off-park areas.
17. When other options have been exhausted, a landholder or land manager may apply for a licence under the BC Act to harm an animal:
    • in some circumstances, advice may be sought from an animal control contractor licensed under the BC Act to control the species of concern. The contractor may advise on or help prepare a licence application if required
    • a landholder can also contact the local NPWS area office to discuss a wildlife issue. An authorised officer will assess and determine licence applications to harm protected animals
    • advice on the management of kangaroo populations (for non-commercial purposes) is available on the licences to harm kangaroos webpage
    • if a licence is required, no work that will result in harm to an animal may start until a licence is granted.
18. Some wildlife rehabilitation groups may be able to provide advice or offer assistance in some situations. However, rehabilitation services are provided on a voluntary basis, and groups may lack the capacity to help, and some areas of NSW do not yet have any wildlife rehabilitation groups.
19. Wildlife can sometimes be located in unsafe or inappropriate locations without showing defensive behaviour or being a nuisance (for example, frogs appearing in transient pools, birds nesting on power poles or in buildings). Where animals need assistance to move to safety, contact the local wildlife rehabilitation group, a licensed species expert, or NPWS for advice before taking other action (noting relevant approvals to move animals must be obtained first wherever required by law).

20. Wildlife is protected within NSW national parks and reserves (clause 11 and 14 NPW Reg). When managing interactions with wildlife on park, NPWS may:
    • prioritise native species over non-natives (including native species that are not local to an area)
    • prioritise issues that arise where animals occupy areas often used by people, e.g. in picnic areas and campgrounds
    • propose a higher level of acceptance to wildlife and their behaviour than may be feasible off-park.

21. Where wildlife is displaying defensive behaviour on NPWS-managed lands, NPWS staff will take appropriate action to:

    • ensure park visitors are aware of the presence of the animals and the behaviours causing concern
    • prevent or discourage interaction between people and the wildlife
    • prevent injury to people
    • prevent harm where possible and manage the welfare of animals.

    NPWS staff will also consider the Visitor safety policy when determining risks and potential treatment options.

22. For short-term and low-risk incidents, low or no-impact responses will be prioritised, such as:
    • placement of warning signage
    • exclusion of visitors
    • encouraging changes to visitor behaviour, for example, to stop hand-feeding wildlife
    • allowing for natural dispersal
    • for some species, capture and release of the animal, and moving it out of the immediate area to reduce danger to people and the animal.
23. Where an animal poses a serious ongoing threat to visitor safety and cannot be effectively addressed in place or moved safely, it may be humanely euthanised by NPWS, a person licensed under the BC Act, or a wildlife rehabilitation group who arranges for euthanasia by a qualified veterinarian.

24. Some view relocation as a straightforward, humane way of removing an animal from a situation. While it may sometimes deliver an agreeable solution at the source site, relocation as a management tool needs further research to help understand the fate of released animals and impacts at the release site. For example, there can be poor animal welfare outcomes for both the relocated animal and the host population, unknown survivorship, and there are valid concerns that relocating an animal may simply be moving the problem to another site.
25. Other risks associated with relocating animals are the potential for movement and introduction of disease or inappropriate genetic material that may impact the host population.

26. Relocating territorial species requires knowledge as to suitability and availability of territory (without the presence of adversarial wildlife or predator overload), and quality of food and water supply. Given current uncertainties about relocation, NPWS will adopt a precautionary approach and may support a relocation proposal where there is good evidence of probable success and optimal animal welfare outcomes.

    Note that:

    • where movement of species is proposed for conservation of populations, the Translocation operational policy will apply.
27. Relocation proposals may also need to be supported by appropriate methods and techniques, such as a means of identifying the relocated animal (e.g. bird banding), to enable follow up monitoring and assessment of success. The potential benefits and impacts of relocation will continue to be reviewed as more research becomes available.
28. Animals can only be released into NPWS-managed lands with prior written permission from the local NPWS area office. For threatened species, permission must be granted by the Area Manager (or equivalent delegation or higher). Animals can only be released into non-NPWS-managed lands with the prior permission of the landholder.
29. Advice on licensing for managing wildlife, including relocation, is available through the Licences to control or harm native animals webpage.

30. Any direct interactions with wildlife may negatively impact an animal's health or welfare. To minimise adverse impacts to animals, NPWS will:
    • seek outcomes that allow the animals to remain in place and avoid intervention where possible
    • support the use of barriers and deterrents that do not pose risks of serious or long-term harm to animals
    • include conditions on licences to support the use of animal welfare standards and codes of practice
    • encourage people to cease potentially harmful practices (such as feeding).
31. Wildlife management actions must comply with the Prevention of Cruelty to Animals Act 1979 (POCTA Act). Actions for licensed research purposes must also comply with the Animal Research Act 1985. The use of firearms must comply with the Firearms Act 1996 and the Crimes Act 1900.
32. Euthanasia:
    • must comply with animal welfare legislation
    • will follow relevant field methods, animal ethics approval requirements and codes and standards where they exist
    • must be performed by people with appropriate authority and skills, for example, a person licensed under the BC Act or a wildlife rehabilitation group who arranges for euthanasia by a qualified veterinarian.
33. Except for animals captured for euthanasia, wildlife injured or distressed during handling or activities such as trapping must be referred to a licensed wildlife carer or veterinarian and not released until cleared by the carer or vet.
34. It is recommended that guidelines for handling animals be followed where they exist. Examples include the snake hygiene protocols and hygiene guidelines for wildlife (for frog hygiene protocols). Guidelines do not provide a legal defence to harm, and a licence may still be required. Compliance with the guidelines may be a condition of a licence.

35. You don't need approval under the BC Act to harm an animal if it is found outside a NPWS park or reserve and is not either:

    • a protected or threatened species
    • part of a threatened ecological community.

    This includes non-threatened invertebrates (including insects, spiders, and worms), fish, introduced species and other non-protected native species, such as dingoes.

    Note that:

    • all animals located within NPWS-managed lands are protected
    • all vertebrate animals (except humans) are subject to the POCTA Act, which prohibits unreasonable, unnecessary, unjustifiable pain, suffering (and killing) and includes acts or omissions leading to cruelty
    • you may need approval from NSW Fisheries to collect or harm fish.

36. You can harm some protected species without approval, in limited circumstances and subject to the POCTA Act requirements above:

    • snakes (clause 2.12 BC Reg), unless there were no reasonable grounds to believe the snake was endangering or likely to endanger any person or property at the time it was harmed
    • crows and ravens, cockatoos and galahs, and purple swamphens (clause 2.21 BC Reg), in some regions and certain times of the year, where they cause damage or impose hardship on agricultural production (see also point 50).

    Note that:

    • most areas have licensed snake handlers who can be called upon to remove any snake from a property. If this service is unavailable, discretion is advised to handle the situation with extreme caution. If in doubt, avoid interacting with the snake until appropriate assistance can be obtained.
    • the exemptions only apply to the offence of harming a protected animal, and no defence is provided for other BC Act offences, such as dealing in animals. For example, you cannot take a bird or snake from the wild that is exempt from harm to keep it as a pet or trade it.

37. Aboriginal people may harm a protected animal for domestic purposes. Domestic purposes include hunting animals for food or other uses (section 2.8(1)(k) BC Act). Where this may occur on NPWS-managed lands, prior permission from the NPWS Area Manager is required.

    Note that:

    • harming threatened species, animals that are part of a threatened ecological community, parrots, and birds of prey is not permitted.
38. All other situations where wildlife may be harmed require either a licence or other defence prescribed by the BC Act or BC Regulation.

39. NPWS does not permit keeping of wild caught animals in captivity, with a few exceptions:
    • capture may be approved where a threatened species can be placed in an approved captive breeding program or with a recognised educational institution. Proposals will be assessed on their merits as part of a licence application.
    • animals may be captured for approved animal research projects and held for the time approved under licence. If an animal is being held for an animal research project, the person must also comply with the Animal Research Act 1985 and any authority granted in accordance with that Act. In some situations, animals may be released back to the wild at the end of the project. For more information, see the scientific policy and scientific webpage information.
    • there is an exemption for capturing animals unable to fend for themselves in the wild, except for protected marine mammals or marine turtles (clause 2.15 BC Reg). Where sick or injured wild animals are encountered, a person may capture them if it is safe to do so. NPWS must be notified within 3 days and may direct the animal to be placed in the care of an authorised person (a licensed wildlife rehabilitator or vet). Alternatively, if unsure about capturing an animal, contact the local wildlife rehabilitation group with the details of the sighting.
    • people unvaccinated against Lyssavirus should not attempt to handle bats, as some bats may carry this disease, which poses a serious threat to human life.
40. Applications to capture and retain wildlife for other purposes will not be approved.
41. Nothing in this policy obligates NPWS to issue a licence under the BC Act or approve the capture of wild animals for any purpose.

42. Feeding wildlife on NPWS-managed lands is not permitted. It is an offence under clause 14 of the NPW Reg to feed any animal in a park.
43. Feeding marine mammals (e.g. dolphins, seals) is not permitted. It is an offence under clause 2.7 BC Reg to feed or attempt to feed a marine mammal in the wild.
44. Feeding wildlife outside NPWS parks and reserves is generally not recommended due to the risks of encouraging negative impacts, including aggressive behaviour, dependency on the food provided, unnatural population increases, poor nutrition, disease spread, and increased probability of predation or death.
45. Feeding wildlife can adversely impact people, including destructive behaviours, attraction of vermin and disturbance from noise, waste, droppings and odours.
46. NPWS supports the application of scientifically validated advice about helping animals in emergencies such as bushfire, drought or flood.
    • actions to assist animals recover during emergencies include providing water and shelter in preference to food
    • in limited situations, short-term provision of appropriate food types for a species may be of benefit.

47. Protection of wildlife on development sites needs to be considered by those proposing to undertake a development. Statutory protections exist to protect wildlife, and it is the role of the relevant planning authority to assess the potential impacts on wildlife of a proposed development or activity.
48. Developments or activities that are authorised under the Environmental Planning and Assessment Act 1979, including any wildlife management actions authorised by such approvals, have a defence to prosecution for certain offences under the BC Act (Section 2.8(1)(a)).

49. Hunting:

    • within NPWS-managed lands is not permitted, except for Aboriginal people under relevant native title arrangements or statutory exemptions
    • of protected species is not permitted elsewhere in NSW, except for Aboriginal domestic purposes (see point 37) or as prescribed in the Game and Feral Animal Control Act 2002, which permits hunting of some native bird species on private land under a game hunting licence

    Note that:

    • hunting does not include pest species management programs or licensed culling or harvesting.
50. The presence of wildlife on farms is often indicative of a healthy ecosystem. However, food production areas will often be attractive to native species, and their presence may lead to wildlife being considered pests. Landholders are encouraged to tolerate the presence of wildlife where possible, and to consider using preventative measures and deterrents to protect crops or pasture
    • if non-lethal management is not effective in reducing damage or economic loss, landholders may apply for a licence to cull the animals causing the impacts
    • guidance on the management of kangaroos is available on the licences to harm kangaroos webpage
    • wedge-tailed eagles have historically been perceived as a serious predator of stock, particularly of lambs and kids. However, research conducted over many years has shown wedge-tailed eagles to have a minor contribution to stock loss. NPWS will work with landholders where eagles are seen to be a threat to livestock. However, a ban on shooting wedge-tailed eagles is in place and licences to kill them will not be issued.
51. Boom and bust cycles are characteristic of many Australian wildlife species and landscapes and they occur naturally in response to changes to environmental conditions. On their own, seasonal increases in natural populations are not sufficient justification for actions to reduce population size.
52. Some wildlife species may concentrate in an area, often responding to a disturbance or human interference. This can place pressure on the environment, potentially impacting conservation values, the amenity, health and safety of people, or property maintenance.
    • NPWS will assess requests to manage overabundant wildlife populations following the same risk-based management approach that applies to other types of interactions set out in this policy.
53. Bust cycles can trigger starvation or dehydration events and may lead to animal welfare concerns.
    • in most cases, populations will adjust when conditions improve, and no intervention is necessary
    • NPWS may participate in a multi-agency response where intervention is assessed as appropriate.

54. All licence applications are subject to fees as set out in the BC Act and BC Reg (section 2.12 Act and clause 2.28 Reg). The delegated officer has discretion to waive all or part of the fee in exceptional circumstances.
55. Subject to future review, application fees will be waived for:
    • licences to harm issued through the NPWS area office
    • wildlife rehabilitation
    • community service activities provided at no charge to the landholder (such as snake relocation).
56. The cost of carrying out actions approved under a licence is at the expense of the landholder and/or licence holder.
57. A licence granted under the BC Act to harm animals is subject to conditions (section 2.14 BC Act). Common or standard conditions can be viewed on the NSW Environment website.
    • specific conditions may be applied to a licence, to address individual circumstances
    • NPWS may vary or add conditions to a licence.
58. If you disagree with some of the licence conditions, you can lodge an appeal with the Land and Environment Court within 28 days of the licence being granted or varied.

59. Licences to harm wildlife may be issued with conditions, for example, that require the licensee to keep records and report on actions completed during the licence term. Licence renewals or subsequent applications may be refused if records are not provided, or other licence conditions are not followed.
60. NPWS authorised officers may undertake random compliance audits and inspections or respond to reports of inappropriate or potentially unlawful interactions.
61. Compliance responses will be determined in line with the seriousness of the offence and may include issuing directions, warnings or cautions, suspension or cancellation of licences, fines or prosecution.
62. Actions that impact wildlife where another agency has primary responsibility will be referred to that agency, for example, for animal welfare or biosecurity matters.

Policy adopted 17 August 2022.

Note

This policy replaces:

• Managing Interactions with Fauna Policy (2009)
• Policy on Management of Aggressive Native Birds (2003)
• Policy and Procedures for Managing Kangaroos that Pose a Risk to Public Safety (2011)
• Possum Management Policy (2011)
• Policy and Procedures for Managing Wombats that Damage Property or cause a Nuisance (2011) (unpublished/internal only).

Scope and application

This policy applies to the interaction of people with all protected and threatened animals in the wild that may impact the community across all land tenures in New South Wales, in those circumstances where NPWS is the approval authority, and subject to any exclusions or exceptions set out in this policy.

Objectives

This policy aims to:

• establish the principles and framework for managing interactions between people and threatened and protected animals under the Biodiversity Conservation Act 2016 (BC Act), where NPWS is the approval authority
• provide guidance for NPWS staff, other decision makers and the community to assess and manage interactions between people and wildlife
• maximise the conservation benefits and minimise the risks associated with wildlife management activities
• ensure animal welfare is considered and applied to all interactions
• promote the efficient and effective use of public resources for conservation.

Definitions

Animal, as defined in the BC Act, means any animal, whether vertebrate or invertebrate and in any stage of biological development, excluding humans and fish.

Approved captive breeding program refers to human mediated breeding of animals to contribute to the conservation of an extant population, establish a new population or protect the species against imminent extinction.

Authorised officer is a person appointed by the Secretary to exercise the functions of an authorised officer for the purposes of the NPW Act, the BC Act and certain functions of the Protection of the Environment Operations Act 1997 (POEO Act) and Impounding Act.

BC licence means a biodiversity conservation licence issued under Division 3 of Part 2 of the BC Act and in force.

Deal in, as defined in the BC Act, means to buy or sell, trade in, import to or export from New South Wales, or to possess an animal (or plant). It is an offence to deal in protected or threatened animals.

Defensive behaviour means actions displayed by an animal in response to harm or perceived threats of harm, including from a member of its own species, predators and other animals (such as dogs or cats), or people. Such behaviours can sometimes be labelled as aggressive, e.g. magpies swooping pedestrians, but they are typically the reaction of an animal to what it considers a threat (e.g. humans approaching nests or roosting sites).

Euthanasia is the act of killing an animal using methods to minimise pain and distress. It is usually performed to relieve suffering at the end of life or due to incurable disease or severe injury. In this policy, it may also refer to the humane killing of otherwise healthy animals.

Harm, as defined in the BC Act, means to kill, injure or capture an animal, but does not include harm by changing the animal's habitat. It is an offence to harm a protected or threatened animal.

Hunting means killing for recreational purposes. Hunting does not include pest species management programs or licensed culling or harvesting.

Incident in this policy refers to an event that could reasonably be considered to lead to injury or disease, or where damage to property or economic hardship is proved.

Licence in this policy refers to a BC licence (see above)

New South Wales includes all terrestrial areas, estuarine and riverine habitats, and marine waters to 3 nautical miles (5.6 km) offshore.

Off-park means lands not held or gazetted under the National Parks and Wildlife Act 1974, and includes other publicly managed lands and private property.

Park means a reserve gazetted under the National Parks and Wildlife Act 1974, including a national park, nature reserve, historic site, Aboriginal area, state conservation area, karst conservation reserve, or regional park, or any land acquired by the Minister under Part 11 of the Act.

Protected animal means an animal of a species listed or referred to in Schedule 5 of the BC Act.

Relocation means the intentional movement of animals to another location for the purpose of moving them out of harm's way or for human life or property protection.

Threatened ecological community means a critically endangered ecological community, an endangered ecological community or a vulnerable ecological community listed in Schedule 2 of the BC Act.

Threatened species means a critically endangered species, an endangered species or a vulnerable species listed in Schedule 1 of the BC Act.

Wildlife means animals in the wild that are listed under the BC Act as protected, threatened, or part of a threatened ecological community (including marine animals and threatened invertebrates). It does not include non-native animals. Wildlife also includes protected and threatened plants, but plants are not subject to this policy.

Accountabilities

See the NPWS People and Wildlife Procedures for all accountabilities.