Overview of relevant
legislation in NSW
In NSW the responsibility for pest
animal control falls on the land owners and land managers who occupy
both public and private land. All plans for controlling these species
should be conducted within the guidelines for humane pest animal
controls. It is important that all people involved in pest animal
management are aware of the legislative framework in which they operate.
A non-exhaustive summary of the more relevant NSW legislation is
provided here. This information does not constitute legal advice and
further information should be obtained from a legal professional.
Protection Act 1998
Enables the Minister
- to proclaim an animal as a pest,
via a Pest Control Order. This order may direct control methods in
order to minimise the pest impact on either agriculture or the local
- Applicable to owners, occupiers
and managers of private and public land;
- Enables Livestock Health and Pest
Authority (LHPA) officers to enter land, with prior notice, in order
to assess compliance or undertake necessary work to ensure
- Declared pest animals: rabbits,
wild dogs, feral pigs, some locusts and for a trial period foxes in
Northern New England.
Pesticides Act 1999
- Administered by the Department of
Environment and Climate Change (DECC), controls the use of
pesticides after the point of sale;
- Use of pesticides requires
competency based training to AQF III level;
- AQF III training details legal
obligations eg use, storage, records, labels etc;
- Classified pesticides include
1080, RHDV and CSSP.
National Parks and
Wildlife Act 1974
- A licence is required to liberate
any animal in NSW, other than homing pigeons or those native to NSW;
- Introduced animals such as foxes,
feral cats and goats are listed as unprotected, occupiers of land
are not obliged to control them.
- Lists endangered and vulnerable
species, populations and communities and associated threatening
- Pest animal impacts may constitute
a threatening process;
- Pest animal control may impact on
endangered and vulnerable species, populations and communities.
Cruelty to Animals Act 1979
- Intent is to provide for the care,
humane treatment and welfare of animals;
- Determines that a person must not
set, or possess with the intent to use for animal trapping, a steel
- Use of dogs is not prohibited for
detecting, flushing or holding pest animals.
Game and Feral
Animal Control Act 2002
- Defines a game animal (such as
deer) and associated hunting licence for private and public land;
- General (G) licence is required
for hunting deer on private and public land;
- Restricted (R) licence is required
for hunting pest rabbits, foxes, cats, dogs and pigs on public land;
- Game animal definition excludes
any animal listed as a endangered or vulnerable species, populations
or communities under the Threatened Species Act 1995 or protected
fauna under the National Parks and Wildlife Act 1974.
that may be applicable:
Companion Animals Act 1998.
Deer Act 2006.
Environmental Planning and Assessment
Environment Protection and Biodiversity
Conservation Act1999 (Cwlth).
Local Government Act 1998.
Non-Indigenous Animals Act 1987.
Occupational Health and Safety Act
Croft, D., Lane, C., 2007. Vertebrate
Pest control manual, legislative and policy requirements for pest animal
management. NSW DPI, Orange
NSW DPI, 2008. Invasive Species Plan
2008 – 2015. NSW DPI, Orange
Chemcert, 2007. National Training
Resource. ChemCert (NSW) Ltd
accessed Jan Feb 2009
Codes of practice