Bird Feeding

Council has received a media enquiry about this week’s court case involving feeding birds on private property.

Under Bayside’s Local Laws, it is an offence to feed birds on private land when the birds are not ordinarily kept on that land and where it interferes with the comfort of another person.

Council does not recommend or support feeding any wildlife as it can have a negative impact on their health.

Council has been trying to resolve this issue since May 2017. Taking this case to court was a last resort due to complaints regarding the impact on local amenity.  

Mr Martell was issued an official warning in November last year but proceeded to feed the birds on his property until Council was ultimately forced to prosecute the matter in court.  Mr Martell was made aware of the penalties for continuing to feed the birds on his property when we issued the warning.

Since our Local Law was introduced in 2012, this is the first time a case has been taken to court for feeding of birds on private land.

It is not an offence to feed birds in a public park or on council-owned land, unless a person has been directed not to feed wildlife by an Authorised Officer.

Find out how you can create a wildlife friendly garden, visit Wildlife-friendly gardens.