The evolving intent and coverage of legislation to protect biodiversity in New South Wales

Abstract

In the mid to late 19 th century, New South Wales passed laws protecting from over-hunting just a few native bird and mammal species, despite scientists having documented the disappearance and decline of once-common species. As public concern grew over the decline of useful or commercially exploited species, and as scientific societies lobbied for their increased protection, so more bird and mammal species, and from 1927 some native plant species, gained protection. Realisation of the detriment of broad-scale agriculture led to laws setting aside reserves where land-uses that threatened species could be excluded. Mid-20 th century laws introduced professional administration of reserves and of biodiversity laws, and increased the range of protected taxa. From the 1990s, with conservation politically potent, modern laws sought to conserve all biodiversity, not just individual species, but also ecosystems and their intrinsic processes, and to manage threatening processes. Such laws affect other planning and land-use laws, at all jurisdictional levels; they are embedded in a nationally integrated set of laws and reflect international agreements to conserve biodiversity. Biodiversity laws have grown in complexity, coverage and importance. Science and society will contribute to their continuing change.

The pelican slaughter of 1911: a history of competing values, killing and private property from the Coorong, South Australia

“…8 In the late 19th century and early 20th century this situation changed, as most Australian states passed legislation that offered some protection to native animals by default and that required unprotected animals be listed. For example, New South Wales only passed a similarly inclusive Act for birds in 1918 (Jarman and Brock, 2004). For example, New South Wales only passed a similarly inclusive Act for birds in 1918 (Jarman and Brock, 2004).…”

“…Effectively, this meant that those who owned land could kill game on their land all year round and those who were not landowners could not. Yet, in South Australia, these protection laws were seen by some to similarly favour landowners as they could do as they liked on their own land while others were excluded, and killing on crown land was heavily regulated (Newland, 1961; see also Jarman and Brock, 2004). In Australia, many people wanted to prevent similar game laws from being replicated.…”

“…In Britain, the USA, New Zealand, and Canada, advocacy groups were forming to protest the killing of birds for a range of reasons, including the use of bird skins and feathers in women's fashion, a trend for which millions of birds from around the world were being killed each year (Doughty, 1975;Dunlap, 1999;Price, 2000). Nevertheless, in many places government departments and advocates continued to argue for the protection of birds based on their utility in reducing the numbers of other [pest] species in agriculture and fisheries, and did so partly to avoid being dismissed as sentimental (Dunlap, 1997;Jarman and Brock, 2004;Cioc, 2009). Nevertheless, in many places government departments and advocates continued to argue for the protection of birds based on their utility in reducing the numbers of other [pest] species in agriculture and fisheries, and did so partly to avoid being dismissed as sentimental (Dunlap, 1997;Jarman and Brock, 2004;Cioc, 2009).…”

Waterbirds and their habitat on the Clarence River floodplain: a history

“…Relevant legislation in NSW from 1866 onwards covered the control of hunting and protection of wildlife (Jarman and Brock 2004) Reference to the "aristocrats" suggests there was at this time a distinct social class divide, (possibly reflected in Figure 5 by the difference in dress of the light-suited shooters, and the working attire of the boatman who is holding the dead bird while blowing the duck caller). Referring to the water as "frozen" suggests that it was winter and the water was cold (less than 10 o C, but very unlikely to have been actually frozen).…”

A history of the debate (1948-2009) on the commercial harvesting of kangaroos, with particular reference to New South Wales and the role of Gordon Grigg1

“…By 1970, there had been precious little action to conserve our fauna since 1788, few staff to consider the issue, and the whole idea of concerted government action had only really taken hold since World War II, with the passage of the Fauna Protection Act 1948. A substantial history of the development of legislation to conserve biodiversity in NSW has been compiled by Jarman and Brock (2004). By chance, 1970 marked a sharp upward shift in public interest in wildlife.…”