Explanatory note
This note is not part of the order, but is intended to indicate its general effect.
This order, which comes into force on 30 November 2009, declares glueboard traps to be restricted traps in terms of section 32 of the Animal Welfare Act 1999, and imposes restrictions on their sale and use.
Clause 5 restricts the use of glueboard traps on or after 1 January 2010, unless approval for their use is obtained under clause 8.
Clause 6 allows the continued use of glueboard traps by certain persons until the close of 31 December 2014 despite clause 5.
Clause 7 restricts the sale or use of glueboard traps on or after 1 January 2015, unless approval for their sale or use is obtained under clause 8.
Clause 8 allows the Minister to approve the use or sale of a trap that would otherwise be prohibited under clause 5 or 7 in any specified situation or for any specified purpose if the Minister considers that—
the approval is in the public interest (including for biosecurity, conservation, public health, or animal health purposes); and
no viable alternative is available in the circumstances.
An approval may be subject to conditions, and may be revoked at any time by appropriate notification.
Clauses 9 and 10 provide for applications for approvals and the form of approvals.
Clause 11 provides that the Minister may not delegate to the Director-General his or her powers to give an approval in any case where the applicant for approval is the Ministry itself.
Clause 12 refers to the offences and penalties set out in sections 34, 35, and 37 of the Animal Welfare Act 1999, which will apply in the case of a contravention of clause 5 or 7.