NSW Senate Inquiry

The NSW Senate Inquiry’ page describes the 2021 Inquiry by the NSW Senate into the Health and Well-being of Kangaroos and Macropods .

The general public has been unaware of the plight of our kangaroos over the last 40 years. It wasn’t until the 2017 release of world wide acclaimed film “Kangaroos: A Love Hate Story” by filmmakers, Kate Clere and Mick McIntyre and the 2021 NSW Senate Enquiry into the health and welfare of kangaroos and macropods - instigated by Mark Pearson MP of the Animal Justice Party - that stories about atrocities directed towards kangaroos and their vastly reduced numbers have been released to the public.

All data concerning this senate Inquiry can be found on the NSW Parliament website - click here.

According to the timeline (see below)…

Submissions were accepted between 15th March and 26th April 2021.
The hearing was from 11th June to 19 August 2021.
The final report was released on the 15th October.
The NSW government response was due on the 19th April 2022 but was received on the 12th April 2022.

The NSW Senate Inquiry Page has the …

The above timeline of the senate inquiry
The below Findings and recommendations of the NSW Senate Inquiry Report
Response of DPIE and NPWS (Government) to the NSW Senate Report Recommendations
Mark Pearson MP Amendment to the Biodiversity Act 2016

The Senate Inquiry Report

The full report from the 2021 Inquiry by the NSW Senate into the Health and Well-being of Kangaroos and Macropods can be downloaded here.

The Findings and Recommendations from this Inquiry are outlined below…

Findings

1. The draft NSW Commercial Kangaroo Harvest Management Plan 2022-2026 makes reference to taking into account the interest of Aboriginal communities but the Department of Planning, Industry and Environment was unable to demonstrate how Aboriginal concerns about kangaroo welfare and spiritual importance are being addressed.

2. the use of exclusion fencing has the potential to cause significant disruption to kangaroo migration as well as access to habitat, food and water.

3. the current methodology used by the DPIE to produce estimates of NSW macropod populations lacks transparency.

4. the National Parks and Wildlife Service does not have adequate systems to monitor compliance with licence conditions for the non-commercial culling of kangaroos, as evidenced by the fact that they could not provide accurate figures on how many kangaroos have been legally culled under non-commercial licences.

5. there is a lack of monitoring and regulation at the point-of-kill during both commercial and non-commercial killing of kangaroos.

6. the shooting of kangaroos has a profound impact on the mental health of some Aboriginal people, kangaroo carers and rescuers.

Recommendations

1. Aboriginal Consultation - the NSW Government undertake genuine and extensive consultation with Aboriginal peoples to seek their views regarding the commercial and non-commercial culling of kangaroos, and ensure these views are given the serious consideration in the development of all future kangaroo management plans, and incorporate genuine consultation with Aboriginal peoples in the management of kangaroo populations

2. Exclusion Fencing - the NSW Government conduct a review of the impact of exclusion fencing on macropod populations, and that the report be publicly released when complete.

3. Eco-tourism - the NSW Government examine the potential economic benefits of kangaroo eco-tourism versus the economic value of commercial harvesting.

4. Kangaroo Consideration in Development - the Department of Planning, Industry and Environment amend planning policies to: …

require assessment of the impact on kangaroos located within peri-urban developments when assessing development applications
stipulate that a kangaroo management plan must be developed by proponents of major projects in peri-urban areas.

5. Create wildlife reserves & corridors - the National Parks and Wildlife Service: …

work with relevant local councils to identify local nature reserves and corridors for resident kangaroo populations on the peri-urban fringe
develop a plan for protecting further areas of kangaroo habitat in New South Wales through creation of reserves and national parks.

6. Climate Change - the Department of Planning, Industry and Environment commission research into the potential impacts of climate change on macropod populations in New South Wales.

7. KMP & Biodiversity Act - the NSW Government request the Auditor-General to undertake a review of the Kangaroo Management Plan’s objectives in regards to how they satisfy the requirements of the Biodiversity Conservation Act 2016 and the Environment Protection and Biodiversity Conservation Act 1999 (Cth).

8. Video Counts - the Department of Planning, Industry and Environment use video imaging of kangaroo populations when surveying populations from aircrafts and make this footage publicly available on its website.

9. Use technology for counts - new technologies for counting kangaroo populations such as the use of infra-red and other camera drone technology should be investigated.

10. Review Count Methodology - the Natural Resources Commission review the current methodology for estimating macropod populations in New South Wales.

11. Independent Panel assess KMP - the Natural Resources Commission establish an independent panel of ecologists to examine the scientific evidence for assumptions used in the Kangaroo Management Plan that refer to kangaroo 'abundance', annual population growth, the impact of migration on population counts and the attrition of kangaroos in drought.

12. Growth Rate - the Department of Planning, Industry and Environment identify, and independently verify, the biological growth rate for each macropod species as a baseline for setting sustainable quotas under future Commercial Kangaroo Harvest Management Plans.

13. Climate Factors - when setting population estimates and harvest quotas, the Department of Planning, Industry and Environment must take into consideration climatic factors such as drought. In times of declared drought, reassessment of quotas should be conducted based on changed conditions, rather than have quotas made on out of date population estimates.

14. No KMP until issues considered - the Minister for Energy and Environment not endorse the new Commercial Kangaroo Harvest Management Plan until the recommendations of this inquiry have been considered.

15. Plain English Explanations - the Department of Planning, Industry and Environment produce plain English explanations of the methodology used in population surveys and the scientific rationale for setting harvest quotas and thresholds to be included in the Commercial Kangaroo Harvest Management Plan 2022-2026, and posted on its website.

16. Data on Joey Deaths - the Department of Planning, Industry and Environment collect and publicly release data on all joey deaths occurring in the commercial kangaroo industry, including in-pouch, at-foot, and joeys at-foot who have fled.

17. Number of Orphaned Joeys - the Department of Planning, Industry and Environment include in the Commercial Kangaroo Harvest Management Plan 2022-2026 a requirement that commercial harvesters include the number of orphaned joeys when calculating the count for filling quotas.

18. Review of licence issue - the Department of Planning, Industry conduct a full review of the systems for issuing and compliance monitoring of licences to harm kangaroos. The review should aim to increase the rigour and transparency of the licensing and compliance monitoring processes, be conducted in consultation with stakeholders, and be made public.

19. Review 2018 changes - the NSW Government review the 2018 changes to licences to harm kangaroos as a matter of urgency and provide a report to Parliament within 12 months.'

20. Monitor Compliance & Cruelty - the National Parks and Wildlife Service employ additional compliance officers to proactively monitor and investigate both the non-commercial industries' compliance with the codes of practice as well as specific cruelty allegations.

21. Report Breaches & Cruelty - the National Parks and Wildlife Service work with RSPCA NSW to ensure the prompt reporting and investigation of breaches of regulatory compliance and cruelty allegations in regards to kangaroos and other wildlife.

22. Get support from & Notify Neighbours - the National Park and Wildlife Service: …

require the applicant to produce evidence of support for their application from adjacent landholders before issuing a licence to harm kangaroos,
make it mandatory for persons licensed to harm kangaroos to notify their neighbours before they commence shooting.

23. NPWS & Police gather data & respond to complaints - the Department of Planning Industry and Environment, specifically including the National Parks and Wildlife Service, and the NSW Police Force, work together to: …

clarify the current investigation and enforcement framework in dealing with complaints concerning kangaroo shooting
establish a central database to receive, handle or refer complaints to responsible government agencies
ensure more satisfactory responses to complaints relating to kangaroo shooting.

The Response Of the DPIE

The Government response to the report from the 2021 Inquiry by the NSW Senate into the Health and Well-being of Kangaroos and Macropods can be downloaded here.

The Government notes the diverse views surrounding the management of kangaroos and seeks to ensure that all management decisions are underpinned by best available science, sound data and transparent discourse. The Government's response to the Inquiry Report reflects this commitment.
Context for response
Kangaroo populations rise and fall in response to availability of groundcover vegetation and consequently are prone to irruption during times of abundance and mass starvation when vegetation is scarce. In times of drought kangaroos perish, often in vast numbers. During periods of abundance kangaroo populations can increase dramatically, causing damage to natural habitats, agricultural crops, and farmland. To minimise these impacts, kangaroo populations require responsive active management, that currently includes fencing and culling.
Kangaroos are protected and managed under state, territory, and national legislation. In NSW it is an offence to harm, attempt to harm, or to buy or sell kangaroos without a licence. Licences are issued in accordance with the NSW Biodiversity Conservation Act 2016. Licences are only issued for damage mitigation, where non-lethal options are insufficient, or for the harvesting of kangaroos under the commercial kangaroo harvest program. Licences are not issued for recreational purposes. Nationally, the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) requires all jurisdictions that export kangaroo products to do so in accordance with an approved Wildlife Trade Management Plan. These plans ensure the commercial harvest of kangaroos meets the principles of Ecologically Sustainable Development as defined by the EPBC Act.
The commercial kangaroo harvest program has been operating in NSW for over 45 years. During that time kangaroo populations have been regularly monitored using the best available scientific data collection and analysis methods. Commercial kangaroo harvest quotas and non-commercial culling limits are set annually after populations are surveyed. This approach is used to manage a sustainable harvest and ensure kangaroo populations remain ecologically viable. According to the most recent aerial surveys, the estimated kangaroo population across the 15 kangaroo management zones in NSW in 2021 was 10.9 million kangaroos, up from 10.4 million in 2020.

A Summary of the Government Response to the recommendations of this Inquiry are outlined below…

Recommendation Response

1. ABORIGINAL CONSULTATION: - Supported - The Government's support of this recommendation is consistent with its commitment to work with and co-design solutions with Aboriginal communities, as outlined in its OCHRE (Opportunity, Choice, Healing, Responsibility and Empowerment) Plan, the NSW Government's plan for Aboriginal Affairs. The Government will work to improve its engagement approach to recognise the rights, culture and economic aspirations of Aboriginal peoples and communities in decisions and policy regarding all management of kangaroos in NSW. The Kangaroo Management Advisory Panel (KMAP) provides advice to the Department of Planning and Environment (DPE) on the operation of the commercial kangaroo management program. This 12-member multi-stakeholder panel includes two members representing Aboriginal communities, their views and interests.

2. EXCLUSION FENCING: - Noted - The Government notes concerns about the impacts of exclusion fencing on macropod populations. Exclusion fencing has long been used to eliminate predation and overgrazing from conservation areas and more recently has gained popularity as a land management tool on pastoral lands.

3. ECO-TOURISM: - Noted - The Government acknowledges that kangaroos have value for eco-tourism. It also acknowledges that kangaroo harvesting has value to the community and that these two activities could coexist. The Government remains open to further development of the ecotourism industry.

4. KANGAROO CONSIDERATION IN DEVELOPMENT: - Noted - The Government notes concerns raised over the potential impact on kangaroos from urban development. The NSW Environmental Planning and Assessment Act 1979, Division 4.15(1)(b) requires consideration of the likely impacts of development on the natural environment. Where applicable, the assessment of proposed development on kangaroos and their habitat occurs as part of the assessment and evaluation of development applications.

5. CREATE WILDLIFE RESERVES & CORRIDORS: - Noted - National Parks and Wildlife Service (NPWS) assessment criteria for acquisition priorities account for a range of biodiversity values, with a focus on underrepresented ecological values along with other natural and cultural heritage values. NPWS land acquisition results in protection of a diversity of habitat types including those used by kangaroos. See also response at Recommendation 4.

6. CLIMATE CHANGE: - Noted - The NSW Climate Change Policy Framework commits the state to achieving net zero emissions by 2050 and helping NSW to become more resilient to a changing climate. The Government supports an improved understanding of the impacts of climate change on the environment.

7. KMP & BIODIVERSITY ACT: - Not supported - It is the Commonwealth Department of Agriculture, Water and Environment's role to assess wildlife trade management plans against the requirements of the Commonwealth's Environment Protection and Biodiversity Conservation Act 1999 and the Commonwealth Minister for the Environment's role to approve those plans. The Wildlife trade management plan for the commercial harvest of kangaroos in New South Wales 2022-26 was declared by the Commonwealth Minister for the Environment on 20 December 2021.

8. VIDEO COUNTS: - Supported in-principle - The Government supports the further development of wildlife survey methods to provide accurate and precise population estimates with reduced cost. This may or may not include infra-red and other camera drone technology.

9. USE OF TECHNOLOGY FOR COUNTS: - Not supported - The Government does not consider the use of video surveillance to be a useful or affordable addition to annual population surveys. Publishing video online would be expensive, and the resolution would be inadequate to observe kangaroos in most circumstances. It also raises privacy issues, where footage is of privately-owned assets and property. The Government seeks to address a perceived lack of confidence in the methods used to estimate macropod populations at Recommendations 10 and 15, below.

10. REVIEW COUNT METHODOLOGY: - Noted - The Government will continue to improve current distance sampling methods with expert advice from the Centre for Research into Ecological and Environmental Modelling (CREEM), University of St Andrews, London, UK. This work will be scoped during 2022 and commence in 2023 in consultation with relevant stakeholders.

11. INDEPENDENT PANEL ASSESS KMP: - Noted - As clarified in the response to Recommendation 7, above, the NSW Kangaroo Management Plan is a Wildlife Trade Management Plan for the purpose of legally exporting kangaroo products. The Commonwealth Government has assessed and approved the Wildlife trade management plan for the commercial harvest of kangaroos in New South Wales 2022-26 against the requirements of the EPBC Act.

12. GROWTH RATE: - Supported in-principle - As outlined in evidence provided to the Inquiry, biological growth rates are well established in the scientific literature. This science will be collated, documented and published in plain English form. See also response to Recommendation 15.

13. CLIMATE FACTORS: - Noted - Proportional commercial harvest quotas are set at conservative levels in November each year. Quotas are based on best available science that considers the population reproduction and attrition rates. The maximum quotas are set at 15 per cent or 17 per cent of the population, depending on species. The quotas are responsive to decreases in population levels based on scientific thresholds. Quota percentages of 10 per cent and 0 per cent are applied when the populations fall below these thresholds. In 2022, two zones (Bourke and Narrabri) have reduced (10 per cent) quotas. During the year, while quotas are in place, harvest may be suspended where necessary or conversely 'Special quota' may be released. In making these decisions the Government considers a range of factors including local conditions, climatic trends, and population trends. The primary goal is to ensure kangaroo populations remain ecologically viable. The Government supports further research to refine quota management, particularly during times of drought.

14. NO KMP UNTIL ISSUES CONSIDERED: - Noted - The Minister for Energy and Environment (now Minister for Environment and Heritage) does not have any role in 'endorsing' the new Commercial Kangaroo Harvest Management Plan, known as the Wildlife Trade Management Plan for the Commercial Harvest of Kangaroos in New South Wales 2022-26. Please see response at Recommendation 7.

15. PLAIN ENGLISH EXPLANATIONS: - Supported - The Government will produce information products to support public understanding of the science used to estimate kangaroo populations and determine harvest quotas and publish this information on the DPE website.

16. DATA ON JOEY DEATHS: - Not supported - It is a requirement of the National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes (2020) that dependent young are euthanased promptly and humanely. Compliance with the National Code is a condition of NSW Professional Kangaroo Harvester licences and a requirement for EPBC Act (Commonwealth) approval of wildlife trade management plans for commercial kangaroo harvesting and export. Collection of additional data on dependent young will not add any value to the calculation of a sustainable harvest quota.

17. NUMBER OF ORPHANED JOEYS: - Not supported - The conservative quotas set by the Department already account for deaths of dependent young that occur through the harvest process. Collection of additional data on dependent young will not add any value to the calculation of a sustainable harvest quota.

18. REVIEW OF LICENCE ISSUE: - Noted

19. REVIEW 2018 CHANGES: - Not Supported

20. MONITOR COMPLIANCE & CRUELTY: - Noted

21. REPORT BREACHES & CRUELTY: - Noted - The Government will continue to promptly report all allegations of animal cruelty to Prevention of Cruelty to Animals Act 1979 enforcement agencies, including the Royal Society for the Prevention of Cruelty to Animals (RSPCA), the NSW Animal Welfare League and NSW Police.

22. GET SUPPORT FROM & NOTIFY NEIGHBOURS: - Not supported - While the Government does not support an enforceable condition requiring neighbour notification, it acknowledges the concern, and will add an advisory note to licences to harm kangaroos recommending that licensees notify nearby neighbours of upcoming culls.

23. NPWS & POLICE GATHER DATA & RESPOND TO COMPLAINTS: - Noted - The Government supports transparent ongoing review and improvement of regulatory frameworks, including handling of complaints relating to kangaroo shooting. NPWS will continue to work constructively with NSW Police to refer appropriate matters as necessary.

Reaction to GOVERNMENT Response

Imagine waking up in the middle of the night to the sound of gunfire. Your family members are shot right next to you as you scramble in the darkness, fleeing with your children. There's more gunshots, and bullets pass just centimetres from your head. Somehow, you make it out alive. But you don't know if you're being followed. So you keep bolting, long after the gunfire has faded. The lights from the trucks are gone now too, but you keep going - deep into the night.

And then you trip. No. You're stuck. You try to free yourself, but your legs just become even more tangled. The wire and barbs are slicing into your skin now, but you keep frantically pulling and pushing against them, your face smashing against the ground.

Then you notice it. Your baby fell from you on impact. She's lying just centimetres from your face - just centimetres from your reach. You can't tell if she's already dead, but alone on the cold ground in the middle of the night, she will be soon.

You try even harder to free yourself, but it's hopeless. For hours you struggle. Sometimes the exhaustion overpowers you, and you hang still, breathing erratically. Sometimes a spurt of adrenaline charges through you, and you thrash about in desperation once more. As the night wears on, those moments of energy subside. It's only pain now. Pain, exhaustion, and heartbreak.

By the time the morning sun's soft rays would usually wake you, it's. too late. You've lost your battle.

You're hanging dead on the fence.