Bird feeding case

The Moorabbin Magistrate’s Court has fined Brad Martell for repeatedly breaking a local law that prohibits feeding birds on private land if it affects another person or their home.

Mr Martell’s bird feeding was significantly impacting his neighbours. They had tried to resolve the problem before involving council.

Council has been trying to work with Mr Martell to resolve the issue since May 2017. Gathering evidence and taking the matter to court in order to enforce the local law was, and is always, a last resort.

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

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.

This is the first time a case has been taken to court for feeding of birds on private land since the local law was introduced in 2012,

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.