Animal Welfare (Care and Procedures) Amendment Regulations 2020

  • Corrections have been made to the Schedule on 17 August 2020 and to regulation 24 on 25 September 2020 under section 25(1)(j)(i) and (iii) of the Legislation Act 2012.
22 New regulations 58A to 58I inserted

After regulation 58, insert:

58A Dehorning goats

(1)

A person must not dehorn a goat unless the goat is given pain relief that is authorised by a veterinarian for the purpose of the procedure.

(2)

The owner of, and every person in charge of, a goat must not allow it to be dehorned in breach of subclause (1).

(3)

A person who dehorns a goat must—

(a)

be experienced with, or have received training in, the correct use of the method being used; and

(b)

be able to recognise early signs of significant distress, injury, or ill-health so that the person can take prompt remedial action or seek advice.

(4)

The owner of, and every person in charge of, a goat that is to be dehorned must ensure that the health and welfare needs of the animal are met during the procedure and recovery, by ensuring that at all times a person is available who—

(a)

has suitable equipment; and

(b)

has the relevant knowledge, has received relevant training, or is under appropriate supervision.

(5)

A person who fails to comply with subclause (1) or (2) commits an offence and is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $5,000; or

(b)

in the case of a body corporate, to a fine not exceeding $25,000.

58B Dehorning sheep

(1)

A person must not dehorn a sheep unless throughout the procedure the sheep is under the influence of pain relief that is authorised by a veterinarian for the purpose of the procedure.

(2)

The owner of, and every person in charge of, a sheep must not allow it to be dehorned in breach of subclause (1).

(3)

A person who dehorns a sheep must—

(a)

be experienced with, or have received training in, the correct use of the method being used; and

(b)

be able to recognise early signs of significant distress, injury, or ill-health so that the person can take prompt remedial action or seek advice.

(4)

The owner of, and every person in charge of, a sheep that is to be dehorned must ensure that the health and welfare needs of the animal are met during the procedure and recovery, by ensuring that at all times a person is available who—

(a)

has suitable equipment; and

(b)

has the relevant knowledge, has received relevant training, or is under appropriate supervision.

(5)

A person who fails to comply with subclause (1) or (2) commits an offence and is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $5,000; or

(b)

in the case of a body corporate, to a fine not exceeding $25,000.

58C Velvetting deer antlers

(1)

A person must not velvet the antlers of a deer unless throughout the procedure the deer is under the influence of an appropriately placed and effective pain relief that is authorised by a veterinarian for the purpose of the procedure.

(2)

A person must not velvet the antlers of a deer unless the person is—

(a)

a veterinarian who has the relevant expertise and practical experience to perform the procedure; or

(b)

a veterinary student under the direct supervision of a veterinarian described in paragraph (a); or

(c)

the owner of the deer, or an employee of the owner (with the owner’s approval), who has a valid written authorisation to perform the procedure by—

(i)

the National Velvetting Standards Body; or

(ii)

a veterinarian.

(3)

A person’s written authorisation under subclause (2)(c) must include details about the person’s—

(a)

knowledge of the appropriate velvetting technique to meet deer health and welfare considerations, including—

(i)

deer-handling skills; and

(ii)

administration of the authorised pain relief; and

(iii)

pre-velvetting deer health and welfare assessment; and

(iv)

post-velvetting deer health and welfare aftercare; and

(b)

practical experience in the velvetting procedure; and

(c)

access to pain relief and storage receptacles for pain relief; and

(d)

access to appropriate equipment; and

(e)

access to appropriate handling facilities to perform the procedure.

(4)

A written authorisation is valid for the period specified in the written authorisation (which may be no longer than 12 months).

(5)

A person who has received a written authorisation under this regulation must keep the written authorisation for 3 years from the date it is given.

(6)

The owner of, and every person in charge of, a deer must not allow its antlers to be velvetted in breach of subclause (1) or (2).

(7)

A person who fails to comply with subclause (1), (2), or (6) commits an offence and is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $3,000; or

(b)

in the case of a body corporate, to a fine not exceeding $15,000.

(8)

In this regulation, pain relief includes, in relation to a yearling deer, high-pressure rubber rings designed for the purpose of inducing analgesia during velvetting.

Other procedures

58D Prohibition on cropping dogs’ ears

(1)

A person must not crop a dog’s ears.

(2)

The owner of, and every person in charge of, a dog must not allow the dog’s ears to be cropped.

(3)

A person who fails to comply with subclause (1) or (2) commits an offence and is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $5,000; or

(b)

in the case of a body corporate, to a fine not exceeding $25,000.

(4)

In this regulation, crop means to perform a surgical procedure to alter the appearance of the ear of a dog for cosmetic reasons (which may include making the ear stand up).

58E Ringing, clipping, and wiring noses of pigs

(1)

A person must not insert wire into the nose of a pig.

(2)

The owner of, and every person in charge of, a pig must not allow wire to be inserted into its nose in breach of subclause (1).

(3)

A person must not insert, unless the insertion is for animal management purposes, a nose ring or clip into the nose of a pig.

(4)

The owner of, and every person in charge of, a pig must not allow a nose ring or clip to be inserted into its nose in breach of subclause (3).

(5)

A person who inserts a nose ring or clip into the nose of a pig must—

(a)

be experienced with, or have received training in, the correct use of the method being used; and

(b)

be able to recognise early signs of significant distress, injury, or ill-health so that the person can take prompt remedial action or seek advice.

(6)

The owner of, and every person in charge of, a pig that is to have a nose ring or clip inserted into its nose must ensure that the health and welfare needs of the animal are met during the procedure and recovery, by ensuring that at all times a person is available who—

(a)

has suitable equipment; and

(b)

has the relevant knowledge, has received relevant training, or is under appropriate supervision.

(7)

A person who fails to comply with subclause (1) or (2) commits an offence and is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $5,000; or

(b)

in the case of a body corporate, to a fine not exceeding $25,000.

(8)

A person who fails to comply with subclause (3) or (4) commits an offence and is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $3,000; or

(b)

in the case of a body corporate, to a fine not exceeding $15,000.

58F Ringing and wiring noses of cattle beasts

(1)

A person must not insert wire into the nose of a cattle beast.

(2)

The owner of, and every person in charge of, a cattle beast must not allow wire to be inserted into its nose in breach of subclause (1).

(3)

A person must not insert, unless the insertion is for animal management purposes, a nose ring into the nose of a cattle beast.

(4)

The owner of, and every person in charge of, a cattle beast must not allow a nose ring to be inserted into its nose in breach of subclause (3).

(5)

A person who inserts a nose ring into the nose of a cattle beast must—

(a)

be experienced with, or have received training in, the correct use of the method being used; and

(b)

be able to recognise early signs of significant distress, injury, or ill-health so that the person can take prompt remedial action or seek advice.

(6)

The owner of, and every person in charge of, a cattle beast that is to have a nose ring inserted into its nose must ensure that the health and welfare needs of the animal are met during the procedure and recovery, by ensuring that at all times a person is available who—

(a)

has suitable equipment; and

(b)

has the relevant knowledge, has received relevant training, or is under appropriate supervision.

(7)

A person who fails to comply with subclause (1) or (2) commits an offence and is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $5,000; or

(b)

in the case of a body corporate, to a fine not exceeding $25,000.

(8)

A person who fails to comply with subclause (3) or (4) commits an offence and is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $3,000; or

(b)

in the case of a body corporate, to a fine not exceeding $15,000.

58G Removing breeder chickens’ spurs

(1)

A person must not remove the spur bud on the back of a breeder chicken’s leg unless the breeder chicken is 3 days of age or under.

(2)

The owner of, and every person in charge of, a breeder chicken must not allow the spur bud of a breeder chicken to be removed in breach of subclause (1).

(3)

A person who removes or shortens the keratin sheath or removes the spur bud of a breeder chicken must—

(a)

be experienced with, or have received training in, the correct use of the method being used; and

(b)

be able to recognise early signs of significant distress, injury, or ill-health so that the person can take prompt remedial action or seek advice.

(4)

The owner of, and every person in charge of, a breeder chicken that is to have the keratin sheath removed or shortened or the spur bud removed must ensure that the health and welfare needs of the animal are met during the procedure and recovery, by ensuring that at all times a person is available who—

(a)

has suitable equipment; and

(b)

has the relevant knowledge, has received relevant training, or is under appropriate supervision.

(5)

A person who fails to comply with subclause (1) or (2) commits an offence and is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $3,000; or

(b)

in the case of a body corporate, to a fine not exceeding $15,000.

(6)

In this regulation,—

keratin sheath means the layer of keratin that covers the bone of a spur on the back of a chicken’s leg (sometimes referred to as the nail of the spur)

spur bud means the protuding nub of flesh, bone, and keratin on the back of a young chicken’s leg from which a spur develops.

58H Dubbing game fowl

(1)

A person must not dub a game fowl unless throughout the procedure the game fowl is under the influence of pain relief that is authorised by a veterinarian for the purpose of the procedure.

(2)

The owner of, and every person in charge of, a game fowl must not allow it to be dubbed in breach of subclause (1).

(3)

A person who dubs a game fowl must—

(a)

be experienced with, or have received training in, the correct use of the method being used; and

(b)

be able to recognise early signs of significant distress, injury, or ill-health so that the person can take prompt remedial action or seek advice.

(4)

The owner of, and every person in charge of, a game fowl that is to be dubbed must ensure that the health and welfare needs of the animal are met during the procedure and recovery, by ensuring that at all times a person is available who—

(a)

has suitable equipment; and

(b)

has the relevant knowledge, has received relevant training, or is under appropriate supervision.

(5)

A person who fails to comply with subclause (1) or (2) commits an offence and is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $3,000; or

(b)

in the case of a body corporate, to a fine not exceeding $15,000.

(6)

In this regulation,—

comb means a fleshy growth or crest on the top of the head of game fowl

dub means to amputate the comb, wattle, or earlobes from the head of game fowl

game fowl means old English game fowl and bantams and modern game fowl and bantams

wattle means a fleshy appendage hanging from the head, neck, or both of game fowl.

58I Prohibition on blistering, firing, soring, and nicking equids

(1)

A person must not perform any of the following procedures on an equid:

(a)

blistering:

(b)

firing:

(c)

mechanical soring:

(d)

nicking.

(2)

The owner of, and every person in charge of, an equid must not allow the procedures specified in subclause (1) to be performed on the equid.

(3)

A person who fails to comply with subclause (1) or (2) commits an offence and is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $5,000; or

(b)

in the case of a body corporate, to a fine not exceeding $25,000.

(4)

In this regulation,—

blistering, in relation to an equid, means a procedure that involves the application of a chemical cautery to the legs of the equid and that creates tissue damage to, or an inflammatory reaction in, the legs of the equid

firing, in relation to an equid, means a procedure that involves the application of a hot or cold cautery to the legs of the equid and that creates tissue damage to, or an inflammatory reaction in, the legs of the equid

mechanical soring

(a)

means the application of devices, including chains and weighted platforms, to the hooves or legs of an equid for the purpose of distorting the natural gait of the equid; but

(b)

does not include the use of toe weights

nicking, in relation to an equid, means the cutting of the skin or ligaments of the tail of the equid to make the equid carry its tail in a raised position.