Is It Legal To Kill Magpies In Australia?

Is It Legal To Kill Magpies In Australia?

It’s officially Spring, which means the return of the dreaded Magpie season. Those ruthless swooping demons are extremely aggressive during this time of year as they defend their nests with gusto around gardens, schoolyards and parks. So is it legal to kill one of these angry birds before it pecks an eye out?

Magpies like building their nests in areas with short grass and tall trees, which means you’ll frequently see them at parks where kids become easy pickings. Magpies will swoop down like death from above and, if they’re extra feisty, will peck and scratch their victims.

If you’re unlucky enough to live in a magpie-infested area, the thought of sending a few of these pesky birds to an early grave might have crossed your mind at one stage or another: one well-aimed stone or air rifle pellet could put an end to the terror for years to come.

Generally speaking, killing native animals is illegal in Australia unless you have a licence or relevant authorisation to do so. This applies to magpies as well.

However, in states that don’t consider magpies a protected animal, culling initiated by the appropriate government authorities is totally fine. For example, in ACT the magpie is not protected and the state’s Parks and Conservation deparment has begun a magpie cull after several incidents of the birds stealing food from residents.

In New South Wales, Victoria, Western Australia and Queensland, culling the birds is not permitted and even removing a magpie nest is considered illegal.

While exceptions are occasionally made by local councils when a bird proves dangerously aggressive, you’re not allowed to take the law into your own hands. In some states, the penalty for killing native birds without a permit can exceed $10,000 per bird.

It also important to remember that magpies, despite their tenancy to attack humans, are not inherently evil and are only trying to protect their territory. They may be a huge nuisance (and the stuff of nightmares for children who do get attacked), but they have an important place in the Australian environment as they act as an agent for pest control by preying on small insects like mosquito.

The good news is that magpie season only lasts for about six to eight weeks. The Department of Environment and Natural Resources has provided some tips to avoid magpie attacks:

  • Avoid the nest area and take a slight detour. (Most birds will only swoop within a 50 metre range of their nest).
  • Wear a broad-brimmed hat. (Magpies do not like to be watched. Try sticking “eyes” on the back of your hat).
  • Wear glasses to protect your eyes.
  • Travel in a group (swooping birds generally target individuals).
  • Walk quickly away from the area. Do not run.
  • Carry an open umbrella above your head.

You can find out more about how magpies are protected in your state or territory at the following links:

Five Myths About Magpies You Need To Stop Believing

Magpie season is currently in full swing (or should that be swoop?) with dozens of parks and playgrounds descending into avian war zones. But just because something is scary doesn't mean you should believe everything you hear. Here are five bogus magpie myths that the nation needs to debunk.

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This story has been updated since its original publication.


  • Are the government authorities liable if someone is severely injured or killed during an accident caused by a magpie? Riding a bicycle through magpie infested area, I’m always fearful that an attack may cause me to lose balance and fall off in front of a car and be injured.

    • Aren’t you wearing a helmet? I ride past swooping magpies every day, I hear ‘click click’ of their claws on my helmet and I ride on, I know the area they do it, like you said you do too, I don’t get surprised so why do you? Ignore them. Why are you terrified of 300grams of feathers? It’s not a winged wolverine mate.

      • Why would you be scared of a bullet? It’s only a few grams of lead.

        The weight ain’t the issue, it is the fact that they are flying at you at full tilt armed with a rather long, pointed beaks which could hit you in the eye.


        Magpies don’t give a crap about being watched. When I was in High School there were Magpies which would fly at you, turn around and come in for a second run all while you were looking at them and waving your arms around trying to scare them.

        Don’t be a d-bag and kill animals because they are protecting the young. Magpies are friendly, what, 85% of the year?

        • I’ve been swooped dozens of times by various birds (mainly Magpies but I think the others might have been plovers) while riding around Melbourne over the year. Pretty much every time it’s been from behind. So I’d say the chances of getting pecked in the eye are pretty slim. As for the actual impact it’s not enough to throw me off course but it can come as a bit of a surprise since they tend to come from behind. Initial split second thoughts have sometimes left me wondering why the F* someone threw a small rock or something at my head before seeing a bird fly away. Occasionally I’ve caught a glimpse of them hovering above me before the swoop. Some threatening birds will just hover for a bit before flying away without a swoop.

          • Plovers are little flying hell bastards. Magpies can become friendly once they know you (and especially if you feed them) but plovers are just feathered balls of eternal hate.

      • To be fair, a helmet doesn’t necessarily deter them, or protect you. When I was a teenager I had one swoop me while riding a bike despite helmet and sunglasses. It hit me right on the temple about an inch from my eye. Knocked off my glasses and cut me. Not a serious cut but an inch further and it would have been. And while I didn’t fall off my bike, it’s not hard to imagine someone losing control and doing so.

        That said, I think being attentive usually solves the issue for most people. Of course these days with mobiles and earphones not many people actually are attentive…

    • I’d recommend taking a detour. The government authorities aren’t liable if someone goes swimming in the Daintree and gets ‘et.

      * Avoid the nest area and take a slight detour. (Most birds will only swoop within a 50 metre range of their nest).

      When I worked on a farm up north, I was staying at a place maybe a 20min walk across some paddocks. During magpie season, there was one particular gum tree playing host to a nest that was the bane of my trek, adding an extra 5-10min walk as I circled the perimeter of the swooping territory. I ended up actually marking the perimeter with gouges into the earth. So reliable was this ‘pie’s understanding of their territory that the boundary was reliable within centimeters. You step over the line? She calls at you. You step back? She stops.

      Each magpie might be different about the range, but they all have a distinct warning call that they make when you stray into the perimeter of their guarded territory. They will actively communicate with you about this perimeter.

        • Tough break. On the plus side, dead-end street should be lower traffic and minimal chance of getting knocked into it until you’re out and free. I’d say either sprint and stay focused, or walk the bike with your helmet on and try the other tips, like googly-eyes glued on. (Might even get some flattering comments/comments that you can spin into flattery.)

      • While you’re right that they aren’t generally liable. I suspect that if there have been multiple reports of a dangerous incident in a particular area and they fail to take action they’d open themselves up to liability. Of course that action may not be removing the magpie, it may just be putting up a sign that says “swooping magpies in the area, be careful”.

    • Best you can get is a payout on any insurance you have for injury!
      The most common injury for someone on a bike avoiding a magpie is hitting the curb or a parked car cause you will neck turn left to get eyes on the magpie. Ignore the magpie and change speeds or gun it out of their territory. Magpies dislike shiny plastics, matte colors of fabric covered helmets attract less attention

    • That happened to an old fella in Woolongong a day or two ago. Swooped by a magpie, crashed into a fence post, smashed his head open on the ground and died of the injuries. Apparently magpies are particularly pissed off by cyclists, so a lot of places have warnings to walk your bike through their areas.

      There was another case in Hills Shire of a bloke who had a heart attack thanks to a magpie known in the area for being particularly aggressive. The council ended up shooting that one, I think. The magpie, not the old bloke.

  • Yeah man, they’re in no way capable of knocking you off your bike. Just don’t swerve to avoid them and carry on.

    At one point in my life I was getting around by bicycle a lot and was told by a neighbour that they’ve been watching me nonchalantly get swooped by magpies for several weeks straight… I had my earphones in every single time and never even noticed.

    • It’s appalling, there’s no excuse for that at all, the ACT parks and conservation dept is in name only and should be ashamed of themselves.

      We have magpies all around us here in rural tassie, we are a little 2 acre oasis in the middle of farms, we have resident magpie families who are completely at ease with us, no issues at all, but even if they were swooping us, we would just deal with it, not go and kill them. Humans can be such neolithic dipshits…

      • Information is wrong, you can’t believe a word of it. It is illegal to kill magpies in the ACT. I quote from their website “All native birds, their eggs, young and their nests are protected by the Nature Conservation Act 2014 and the Animal Welfare Act 1992. ” If you have to pass some magpies every day, just toss them some chopped meat and they’ll be your friends.

  • I’ve had one get me in the face & draw blood while I was riding my bike so it was lucky I was wearing glasses.
    I had another swoop too low & get caught in my spokes, I was going pretty fast at the time so it got shredded.

  • Seriously? You’re suggesting people kill them? How about leave the native birds alone, and understand that they don’t have all that many places to live any more
    Am seriously stunned that you would even suggest such a thing, absolutely disgusting. When the fuck did we turn into america where we shoot anything that is even the slightest problem?
    Leave the poor birds alone

  • I was asked to shoot a magpie once when I was working at an equestrian centre in rural NSW.
    It’s attacks spooked the horses in a corridor between two fences, with no other possible route. The last straw for the owner was when a young rider was thrown.

  • Magpies Described as one of Australia’s most accomplished songbirds, the Australian magpie has an array of complex vocalizations. It is omnivorous, with the bulk of its varied diet made up of invertebrates. It is a very beautiful bird and has a very friendly nature. So I don’t think that it is legal to kill Magpies.

  • Protect yourself & your kids but leave the poor critters alone, it is understandable defensive behaviour, you will notice if you walk through areas populated with magpies, but with a low amount of foot traffic from human a-holes, it does not happen, they are very tolerant when they do not feel threatened, even if standing on the ground beside the path as you walk by, they barely move, yes, even in spring, we have a very harmonious relationship with our local maggies, you could too if not for the a-holes among your local fellow humans.

  • Looks like a bs story when there are far more serious stuff to talk about. Leave the birds alone. By the trend we are going, we won’t have any more trees or birds for our kids to see

  • We brought it upon ourselves… Magpies don’t start off being hostile, not all are hostile. Its generally defensive.

    What could of possible given them the idea that humans are a threat?

  • It kills me to know that there are people who are violent towards these birds. They are doing what is natural and it’s only for a few weeks a year. We encroach on their territory and yet they are supposed to accept us. I don’t blame them at all for swooping. They tend to remember and hold grudges if they’ve come to loggerheads with people before and will be on the defensive all the time during nesting season as a result. They are wonderful, sweet creatures and I’ve been blessed to have several families stop by my house (I dare say multiple generations of birds over the years) on a regular basis.

  • F##k the government… if they continue to build houses and do nothing about it or dont hold accountability or responsibility, then i will take it in my own hands. You don’t like it?… then f##k off to the bush and live with them. I cant go around punching people in the head for 6 weeks of the year to protect myself and family from crimes and unsafe activities, so no other living thing should either (regardless of its size).

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