A Tasmanian man who shot and killed 350 kookaburras because they were impacting his native wildlife has been fined $5,000 by a judge for not possessing the appropriate firearms licence.
Key points:
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The Supreme Court heard Noel Whitford shot 350 kookaburras over a nine-month period because they had “invaded” his property and were impacting the native wildlife
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He pleaded guilty to multiple firearms charges, including possessing a firearm for which a licence could not be issued and possessing a silencer
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Justice Robert Pearce said he could not sentence him for the cull, only the firearms offences
Neil Gordon Whitford, 60, of Deviot, admitted in the Supreme Court in Launceston he shot the kookaburras over a nine-month period in 2021 using a semi-automatic rifle.
The court heard Mr Whitford had held a Category A firearms licence since 1996, but he needed a Category C licence for the rifle used to perform the cull.
Justice Robert Pearce said during sentencing on Monday that Mr Whitford’s 15-acre rural property was “invaded” by a large number of kookaburras in 2021 after bushfires nearby.
Justice Pearce said he could not take into account the actual number of kookaburras culled for sentencing.
“Kookaburras are not native to Tasmania,” Justice Pearce said.
“I’m advised that a cull is not unlawful … I’m dealing only with the firearms offences.”
Kookaburras were introduced to Tasmania in the early 1900s to control snakes.
While the birds are protected in most other parts of Australia, they are not in Tasmania, and according to the Department of Natural Resources and Environment Tasmania, no permit is required to manage them.
In 2020, the Greens and other bird conservationists called for a Tasmanian kookaburra cull following reports the birds’ aggressive behaviour was displacing some native species, but the idea was rejected by the Gutwein Liberal state government.
Justice Pearce said the rifle Mr Whitford used was “suitable” for pest control, but he knowingly possessed and used it without possessing the right firearms licence.
The court was told Mr Whitford had owned the gun for decades, but rather than disposing of it when gun laws changed in 1996, he disassembled it and had it in a gun safe until he started using it again for pest control in 2021.
The court heard Mr Whitford had also ordered a silencer for the firearm illegally off the internet to assist him with the cull.
Police located the unregistered rifle and silencer at Mr Whitford’s property on November 3, 2021.
Justice Pearce said the 60-year-old had no relevant prior convictions, and his neighbours “attest to his skill” around pest control.
“I’m satisfied that the rifle was used appropriately,” Justice Pearce said.
He said there was no risk to any person or other animals in this case.
However, Justice Pearce said the weapon could be used inappropriately in the wrong hands.
Mr Whitford was ordered to pay his $5,000 fine in 28 days.
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