Birds and possums: what you can and can't do
A possum in the roof cavity or a bird nesting somewhere inconvenient feels like a straightforward pest problem, but in Australia both are generally protected native wildlife, not pests in the legal sense, and what can lawfully be done about them is governed by state and territory legislation rather than a single national rule. Getting this wrong is not just a matter of etiquette — it can mean a genuine offence, and the specifics differ enough between states that a rule that applies in one place cannot simply be assumed to apply in another.
Possums — both the common brushtail and ringtail species found around Australian homes — are native and protected, and as a general rule cannot be killed, harmed, trapped or relocated without proper authorisation, regardless of how much of a nuisance one is being. Even where a permit does allow trapping, most jurisdictions require any possum caught to be released very close to where it was found rather than moved any real distance away — in NSW, for example, a trapped possum is commonly required to be released within about 150 metres of the capture point, on the same property, generally at dusk on the day it was caught, reflecting how strongly territorial and site-attached possums are. Unlicensed operators are not permitted to handle possum trapping or relocation at all, and the consequences for getting this wrong are real — penalties for unauthorised harm to, or relocation of, a possum have been reported exceeding $14,000 in both Victoria and Queensland.
Birds fall under the same general principle of native wildlife protection, though the specific legislation is different in every state. In New South Wales, protection of native animals, including birds, sits under the Biodiversity Conservation Act 2016, which absorbed the animal and plant protection provisions previously contained in the older National Parks and Wildlife Act 1974, with the National Parks and Wildlife Service (NPWS) issuing wildlife licences and keeping a public register. Victoria protects native wildlife under the Wildlife Act 1975, and specifically requires an Authority to Control Wildlife before removing an active bird nest — whether or not it currently holds eggs or chicks — or relocating an animal. Queensland's protection sits under the Nature Conservation Act 1992 and the accompanying Nature Conservation (Wildlife) Regulation 2006. Western Australia protects native fauna under the Biodiversity Conservation Act 2016 (WA), which replaced the older Wildlife Conservation Act 1950 from 1 January 2019. South Australia protects wildlife and threatened species under the National Parks and Wildlife Act 1972. Each of these is a genuinely separate piece of legislation with its own licensing process, not a regional variation on one shared law.
Because of this legal framework, the practical approach a licensed pest or wildlife controller takes with possums and native birds looks quite different from how they might approach an introduced pest like cockroaches or ants. Rather than defaulting to trapping or removal, the emphasis is generally on exclusion and deterrence — sealing roof entry points, fitting chimney caps, or installing bird spikes and similar non-lethal deterrents to stop an animal accessing a space in the first place, since this avoids the legal complexity of handling a protected species at all while still solving the underlying nuisance. Where trapping or nest removal genuinely is necessary, a properly authorised operator will be working under the specific licence or authority that their state requires, and it is entirely reasonable to ask them directly which authorisation covers the work before it goes ahead.
If you are dealing with a possum or bird problem, checking that whoever you engage holds the relevant state authorisation is worth doing upfront, in the same way it is worth checking a general pest technician's licence. This article is general information about how wildlife protection works across Australia, not legal advice for your specific situation, and requirements can change, so confirming current rules with your state's wildlife regulator is worthwhile for anything unusual. Our directory lists Australian pest and wildlife control providers by area if you need one.
Frequently asked questions
Yes. Common brushtail and ringtail possums are native and protected under state and territory wildlife legislation, and generally cannot be killed, harmed, trapped or relocated without authorisation, regardless of how much of a nuisance one is causing.
Generally no, not without authorisation, and even under a permit most states require release very close to the capture point rather than any distance away — in NSW, commonly within about 150 metres of where it was caught, on the same property. Unauthorised relocation can carry significant penalties.
Generally yes. Protection sits under different state legislation — for example the Biodiversity Conservation Act 2016 in NSW or the Wildlife Act 1975 in Victoria, which specifically requires authorisation to remove an active nest with or without eggs or chicks. Rules and the exact process differ by state.
Yes, significantly. NSW, Victoria, Queensland, WA and SA each have their own separate wildlife protection legislation and licensing process, so a rule or authorisation valid in one state does not automatically apply in another.