Animal Care and Protection Amendment Regulation (No. 3) 2013 (Qld)

Queensland Animal Care and Protection Amendment Regulation (No. 3) 2013 Subordinate Legislation 2013 No. 298 made under the Animal Care and Protection Act 2001 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 2 (Provisions made as codes of practice) . . . . . 3 5 Amendment of s 3 (Documents made as codes of practice) . . . . 3 6 Amendment of s 4 (Relationship between particular codes of practice) .................................... 3 7 Amendment of s 11 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Amendment of sch 3 (Documents made as codes of practice) . . 4 9 Renumbering of schs 3 and 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 10 Insertion of new sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Schedule 3 Code of practice for transport of livestock Part 1 Preliminary Division 1 Interpretation 1 Definitions for sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2 Meaning of transporting . . . . . . . . . . . . . . . . . . . . . . . 7 3 Meaning of journey time . . . . . . . . . . . . . . . . . . . . . . . 7 4 Meaning of reasonable access to water . . . . . . . . . . . 8 5 Meaning of reasonable access to feed. . . . . . . . . . . . 8 6 How to calculate length of spell and time off water . . 8

Animal Care and Protection Amendment Regulation (No. 3) 2013 Contents Division 2 Application of schedule 7 Schedule applies to livestock being transported . . . . Part 2 General requirements for transporting all livestock 8 Livestock must be fit for transport. . . . . . . . . . . . . . . . 9 Advice of estimated time of arrival . . . . . . . . . . . . . . . 10 Impact of extreme weather conditions . . . . . . . . . . . . 11 Suitability of livestock handling facility . . . . . . . . . . . . 12 Suitability of road-going vehicle . . . . . . . . . . . . . . . . . 13 Alignment of ramps . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Handling livestock. . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Separation and loading density of livestock other than emus, ostriches or poultry ............ 16 Loading and loading density of emus, ostriches and poultry ................................ 17 Inspection duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Use of prodders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Use of dogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Arrangements for distressed livestock . . . . . . . . . . . . 22 Killing of livestock . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 3 Specific requirements for transporting certain livestock 23 Maximum journey time . . . . . . . . . . . . . . . . . . . . . . . . 24 Minimum spell duration . . . . . . . . . . . . . . . . . . . . . . . 25 Alpacas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Buffalo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Camels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Cattle other than bobby calves . . . . . . . . . . . . . . . . . . 29 Bobby calves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Deer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Emus and ostriches . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Goats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Horses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Pigs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Poultry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Sheep . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 11 11 12 12 13 13 14 16 17 18 19 20 21 21 22 22 23 25 26 28 29 31 32 34 35 37 39 40 Page 2 2013 SL No. 298

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 1] 1 Short title This regulation may be cited as the Animal Care and Protection Amendment Regulation (No. 3) 2013 . 2 Commencement This regulation commences on 31 January 2014. 3 Regulation amended This regulation amends the Animal Care and Protection Regulation 2012. 4 Amendment of s 2 (Provisions made as codes of practice) (1) Section 2(1) and (2)— insert— (c) schedule 3. (2) Section 2(2), from ‘a code’ to ‘schedule 2.’— omit, insert— the code of practice. 5 Amendment of s 3 (Documents made as codes of practice) Section 3, ‘schedule 3’— omit, insert— schedule 4 6 Amendment of s 4 (Relationship between particular codes of practice) (1) Section 4(1)(a), after ‘schedule 2’— insert— or schedule 3 2013 SL No. 298 Page 3

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 7] (2) Section 4(1)(b), ‘schedule 3’— omit, insert— schedule 4 7 Amendment of s 11 (Fees) Section 11, ‘schedule 4’— omit, insert— schedule 5 8 Amendment of sch 3 (Documents made as codes of practice) (1) Schedule 3, part 2, items 3, 10, 11 and 12— omit. (2) Schedule 3, part 2, items 1 to 20— renumber as items 1 to 16. 9 Renumbering of schs 3 and 4 Schedules 3 and 4— renumber as schedules 4 and 5. 10 Insertion of new sch 3 After schedule 2— insert— Page 4 2013 SL No. 298

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] Schedule 3 Code of practice for transport of livestock section 2 Part 1 Preliminary Division 1 Interpretation 1 Definitions for sch 3 In this schedule— bobby calf means a calf less than 30 days of age and not accompanied by its mother. class of livestock means a group of livestock of the same species that share a common characteristic, including, for example, age, size or sex, or some other physiological characteristic, including, for example, pregnancy. container includes a box, cage and crate. harm includes stress and injury. journey means any of the activities mentioned in section 2(c) to (g). journey time see section 3. livestock means alpacas, buffalo, camel, cattle, deer, emus, goats, horses, ostriches, pigs, poultry or sheep. livestock handling facility means a facility used to assemble, hold, load or unload livestock for transportation. Examples — a yard, enclosure, paddock or ramp 2013 SL No. 298 Page 5

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] loading density , for livestock being transported, means the amount of space for each animal in a container, pen or other enclosure, or vehicle in which the animal is being transported. maximum journey time , for livestock being transported, means the total number of continuous hours for which the livestock may be transported, as stated in part 3 for the class of livestock. maximum time off water , for livestock being transported, means the total number of continuous hours for which the livestock may be transported without reasonable access to water, as stated in part 3 for the class of livestock. minimum spell duration , for livestock being transported, means the minimum period of time for which a spell is required to be given to the livestock, as stated in part 3 for the class of livestock. poultry means domestic fowl, ducks, geese, guinea fowl, partridges, pheasants, pigeons, quails or turkeys. reasonable access to water see section 4. spell , for livestock being transported, means the period of time in which the livestock is— (a) removed from the vehicle or container in which it is being transported; and (b) provided with reasonable access to feed and water; and (c) provided with space to lie down; and (d) subjected to minimal or no handling. transporting , livestock, see section 2. Page 6 2013 SL No. 298

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] 2 Meaning of transporting Transporting livestock includes— (a) assembling or holding livestock before loading; and (b) selecting livestock for loading; and (c) loading livestock into containers before loading onto a vehicle; and (d) loading livestock onto a vehicle; and (e) holding livestock on a vehicle while stationary; and (f) carrying livestock on a vehicle; and (g) unloading livestock from a vehicle or container; and (h) assembling or holding livestock in a livestock handling facility during, or on completion of, a journey. 3 2013 SL No. 298 Meaning of journey time The journey time , for livestock being transported, means— (a) for emus, ostriches or poultry being transported in containers loaded onto vehicles—the period of time starting when the loading of the birds into the containers starts and ending when all of the birds are unloaded from the containers— (i) for a spell of at least the minimum spell duration for the birds; or (ii) at their final destination; and (b) for a bobby calf—the period of time starting when the bobby calf is loaded onto the vehicle for transport and ending when the bobby calf is unloaded from the vehicle at its final destination; and Page 7

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] (c) otherwise—the period of time starting when the loading of the livestock onto the vehicle for transport starts and ending when all of the livestock is unloaded from the vehicle— (i) for a spell of at least the minimum spell duration for the livestock; or (ii) at their final destination. 4 Meaning of reasonable access to water Livestock has reasonable access to water if the livestock has a reasonable opportunity to drink water of a suitable quality and quantity sufficient to maintain hydration. 5 Meaning of reasonable access to feed Livestock has reasonable access to feed if the livestock has a reasonable opportunity to consume food of a suitable quality and quantity sufficient to maintain health and wellbeing. 6 How to calculate length of spell and time off water (1) For calculating the length of a spell for livestock being transported, the spell— (a) starts when all of the livestock has been unloaded from the vehicle or container in which it is being transported; and (b) ends when the livestock starts being reloaded onto the vehicle or into the container. (2) For calculating the maximum time off water for livestock being transported, the period of time off water— Page 8 2013 SL No. 298

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] (a) starts from the time the livestock last had reasonable access to water before starting the journey; and (b) ends when the livestock— (i) is given a spell for at least the minimum spell duration for the livestock under part 3; or (ii) is given reasonable access to water at the final destination; or (iii) is slaughtered. Division 2 Application of schedule 7 Schedule applies to livestock being transported This schedule applies to livestock being transported— (a) on a road-going vehicle within this State or through this State from another State; or (b) on a sea-going vessel within this State or through this State from another State if the livestock is— (i) in a road-going vehicle loaded onto the vessel; or (ii) in a container that is unloaded from a road-going vehicle onto the vessel and reloaded onto a road-going vehicle on completion of the voyage; or (c) on a train within this State. 2013 SL No. 298 Page 9

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] Part 2 General requirements for transporting all livestock Page 10 8 Livestock must be fit for transport (1) A person must not supply for transport livestock that is unfit to undertake an intended journey unless the livestock is to be transported in accordance with the advice of a veterinary surgeon. (2) A person must not load in a container or on a vehicle for transport livestock that is unfit to undertake an intended journey unless the livestock is to be transported in accordance with the advice of a veterinary surgeon. (3) If livestock is unfit to undertake an intended journey, the person who has custody of the livestock must, as soon as reasonably practicable, make arrangements for the care, treatment or humane killing of the livestock. (4) Without limiting subsections (1) and (2), livestock is unfit to undertake an intended journey if— (a) the livestock is unable to walk independently by bearing weight on all legs; or (b) for cattle—the cattle is known to be, or visually assessed to be, within 4 weeks of parturition and the estimated journey time or time off water is likely to be more than 4 hours; or (c) for livestock other than cattle—the livestock is known to be, or visually assessed to be, within 2 weeks of parturition and the estimated journey time or time off water is likely to be more than 4 hours; or 2013 SL No. 298

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] (d) the livestock has given birth within 72 hours before starting the journey; or (e) the livestock is severely emaciated; or (f) the livestock is visibly dehydrated; or (g) the livestock shows visible signs of severe injury or distress; or (h) the livestock is suffering from a condition that is likely to result in an increase in pain or distress by undertaking the journey; or (i) the livestock is blind in both eyes. 9 Advice of estimated time of arrival (1) This section applies to each of the following— (a) the driver of a road-going vehicle transporting livestock; (b) a stock attendant who has custody of livestock being transported by train. (2) The person must, before transporting the livestock, notify the person to whom the custody of the livestock is to be transferred at a destination of the estimated time of arrival of the livestock. (3) The person must also take reasonable steps to notify the person to whom the custody of the livestock is to be transferred at a destination of any change in the estimated time of arrival of the livestock. 10 Impact of extreme weather conditions (1) A person who has custody of livestock being transported must take reasonable steps to minimise the risk of harm to the livestock from extreme weather conditions while being transported. 2013 SL No. 298 Page 11

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] (2) In this section— extreme weather conditions means temperature or climatic conditions that individually or in combination are likely to predispose livestock to heat or cold stress. 11 Suitability of livestock handling facility A person who owns or operates a livestock handling facility being used to handle livestock must ensure the facility— (a) is suitable for the class of livestock being handled; and (b) has effective airflow that is appropriate for the class of livestock being handled; and (c) has a surface or flooring that minimises the risk of injury, from slipping or falling, to the livestock; and (d) is free from internal protrusions and objects that may cause injury to the livestock; and (e) has sufficient vertical clearance to minimise the risk of injury to the livestock. Page 12 12 Suitability of road-going vehicle The driver of a road-going vehicle transporting livestock must ensure the vehicle— (a) is suitable for the class of livestock being transported; and (b) has effective airflow that is appropriate for the class of livestock being transported; and (c) has a surface or flooring that minimises the risk of injury, from slipping or falling, to the livestock; and (d) is free from internal protrusions and objects that may cause injury to the livestock; and 2013 SL No. 298

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] (e) has sufficient vertical clearance to minimise the risk of injury to the livestock. 13 Alignment of ramps (1) This section applies to each of the following— (a) the driver of a road-going vehicle transporting livestock; (b) a stock attendant who has custody of livestock being transported by train. (2) The person must ensure the vehicle and any ramp used to load or unload the livestock are properly aligned and sufficiently close together to minimise the risk of injury to the livestock. 14 Handling livestock (1) A person handling livestock being transported must handle the livestock in a way that minimises the risk of harm to the livestock. (2) Without limiting subsection (1), a person handling livestock being transported must not— (a) kick the livestock; or (b) punch the livestock; or (c) strike the livestock in an unreasonable way. (3) Without limiting subsection (1), a person handling livestock, other than poultry, being transported must not— (a) lift or carry the livestock by only the head, ears, horns, neck, tail, wool, hair or feathers; or (b) lift or carry the livestock by 1 leg, unless the livestock is a sheep, goat or pig weighing less than 15 kilograms; or 2013 SL No. 298 Page 13

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] (c) drag livestock that is unable to stand, unless it is necessary in the circumstances to allow safe handling, lifting, treatment or humane killing of the livestock; or (d) lift the livestock by mechanical means, unless the livestock is well supported and secured. (4) Without limiting subsection (1), a person handling poultry being transported must not— (a) lift or carry the poultry by the head, neck, wing feathers or tail feathers, unless— (i) the person also supports the poultry under its breast; or (ii) the person complies with subsection (5); or (b) tie together the legs of the poultry. (5) A person handling poultry being transported may— (a) for a turkey—lift and carry the turkey by the tail feathers and neck together, or by 1 leg and 1 wing together; or (b) for an adult goose, or a domestic fowl primarily kept for breeding purposes—lift and carry the goose or fowl by the base of both wings alone; or (c) for a duck—lift and carry the duck by its neck alone or by the base of both wings alone; or (d) for other poultry—lift and carry the poultry by 1 leg. Page 14 15 Separation and loading density of livestock other than emus, ostriches or poultry (1) This section applies to each of the following— 2013 SL No. 298

2013 SL No. 298 Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] (a) the driver of a road-going vehicle transporting livestock other than emus, ostriches or poultry; (b) a stock attendant who has custody of livestock, other than emus, ostriches or poultry, being transported by train. (2) The person must ensure— (a) the livestock is separated by sufficient internal partitions or other barriers during transport to minimise the risk of harm to the livestock; and (b) the loading density of the livestock in the vehicle (including each container, pen or other partition of the vehicle) minimises the risk of harm to the livestock. (3) For subsection (2)— (a) the following matters must be considered in deciding whether the livestock is separated by sufficient internal partitions or other barriers— (i) the species, class and size of the livestock; (ii) the general health of the livestock; (iii) the level of aggression of the livestock; (iv) the nature of the intended journey; and (b) the following matters must be considered in deciding whether the loading density of the livestock minimises the risk of harm to the livestock— (i) the species, class and size of the livestock; (ii) the body condition of the livestock; (iii) the length and density of the wool or hair of the livestock; Page 15

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] (iv) the horn status of the livestock; (v) the weather conditions predicted for the intended journey; (vi) the nature of the intended journey; (vii) the design and capacity of the vehicle. 16 Loading and loading density of emus, ostriches and poultry (1) This section applies to a person loading emus, ostriches or poultry into containers for loading onto a vehicle. (2) The person must ensure— (a) the containers— (i) are loaded onto, or unloaded from, the vehicle carefully and without being dropped or thrown; and (ii) are placed on the vehicle in an upright position without excessive tilting; and (iii) are attached securely to the vehicle; and (iv) are suitable for the species or class of bird being transported; and (b) the loading density of the birds in the containers minimises the risk of harm to the birds. (3) For subsection (2)(b), the following matters must be considered in deciding whether the loading density of the birds in the containers minimises the risk of harm to the birds— (a) the species, class and size of the birds; (b) the body condition and density of feathers of the birds; Page 16 2013 SL No. 298

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] (c) the weather conditions predicted for the intended journey; (d) the nature of the intended journey; (e) the design and capacity of the vehicle on which the containers are to be transported. 17 Inspection duties (1) This section applies to each of the following— (a) the driver of a road-going vehicle transporting livestock other than emus, ostriches or poultry; (b) a stock attendant who has custody of livestock, other than emus, ostriches or poultry, being transported by train. (2) The person must— (a) inspect the vehicle immediately before departure following the loading of the livestock (whether at the start of, or during, a journey) to ensure any containers being used to transport the livestock, and the doors enclosing the livestock, are secured; and (b) before unloading the livestock from the vehicle, inspect the livestock handling facility into which the livestock is to be unloaded to ensure there is free access and sufficient space for the livestock to be unloaded. (3) The person must carry out an inspection to assess the health and well-being of the livestock— (a) immediately before starting the journey; and (b) for livestock being transported on a road-going vehicle (other than emus, ostriches or poultry loaded in containers on the vehicle, or livestock being transported 2013 SL No. 298 Page 17

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] on a road-going vehicle on a sea-going vessel)— (i) at least once within the first hour of the journey; and (ii) at least once every 3 hours of the journey after the first hour; and (iii) before there is a change of driver; and (c) for livestock being transported by train—at each livestock checking point at which the train stops during the journey; and (d) at any time the livestock is unloaded from the vehicle (whether during or on completion of the journey). (4) If, during a journey, the person identifies an animal that is weak, ill, injured or otherwise distressed, the person must— (a) as soon as reasonably practicable, provide or seek the assistance for the animal that is reasonable in the circumstances; and (b) on transferring the custody of the animal to another person—notify that person of the identity and condition of the animal. 18 Records (1) This section applies to each of the following— (a) the driver of a road-going vehicle transporting livestock; (b) a stock attendant who has custody of livestock being transported by train. (2) The person must, before starting the journey, estimate the journey time for transporting the livestock. Page 18 2013 SL No. 298

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] (3) If the person estimates the journey time to be more than 24 hours, the person must keep a record of— (a) the estimated journey time; and (b) the date and time the livestock were loaded on the vehicle, or into the container, for the journey; and (c) the date and time the livestock last had reasonable access to water before starting the journey; and (d) the date, and the time of the start and end, of any spell given to the livestock; and (e) the date and time of any inspections under section 17(2) or (3) carried out by the person; and (f) the details of any concern for the welfare of the livestock identified by the person, including the date and time each concern was identified, and the details of any action taken in response to the concern; and (g) the details of another person who should be contacted in an emergency. (4) The person must give a copy of the records to any other person to whom the custody of the livestock is transferred during, or on completion of, the journey. 19 Use of prodders (1) A person must not apply an electrical prod to any of the following livestock being transported— (a) an alpaca; (b) a bobby calf; (c) an emu or ostrich; 2013 SL No. 298 Page 19

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] (d) a goat known or visually assessed to be pregnant; (e) a horse; (f) a pig weighing less than 60 kilograms; (g) poultry. (2) A person may apply an electrical prod to other livestock being transported only in the following circumstances— (a) the livestock is at least 3 months of age; (b) the prod is not applied to the face, udders, anus or genitals of the livestock; (c) the livestock is able to move away from the prod; (d) the prod is applied as sparingly as possible and with restraint; (e) for a pig weighing at least 60 kilograms—the prod is applied as a last resort to protect the safety of a person handling the pig. 20 Use of dogs (1) A person may use a dog to assist in the control or movement of livestock being transported only if— (a) the dog is under effective control at all times; and (b) for a dog that habitually bites livestock—the dog is wearing a muzzle. (2) Despite subsection (1)(b), a dog that habitually bites livestock may be used to assist in the control or movement of cattle, other than bobby calves, being transported, without the dog wearing a muzzle. Page 20 2013 SL No. 298

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] (3) The driver of a vehicle transporting livestock may permit a dog to be transported in the same enclosure as the livestock only if the dog has bonded with and been used as a guardian of that livestock. 21 Arrangements for distressed livestock A person who, on completion of a journey, has custody of an animal that is weak, ill, injured or otherwise distressed, must, as soon as reasonably practicable, make arrangements for— (a) the separation of the animal for rest and recovery; or (b) the appropriate treatment of the animal; or (c) the humane killing and disposal of the animal. 22 Killing of livestock (1) A person who during, or on completion of a journey, kills livestock, must— (a) ensure the livestock is killed in a way that— (i) causes rapid unconsciousness and death immediately after unconsciousness happens; and (ii) is otherwise humane; and (b) ensure the livestock is killed in a way that does not include a blow to the head; and (c) take reasonable steps to confirm the death of the livestock. (2) Despite subsection (1)(a)(i), a person may kill deer, goats or sheep by bleeding out if the person can not reasonably obtain a firearm or captive bolt. 2013 SL No. 298 Page 21

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] (3) Despite subsection (1)(b), a person may kill prescribed young by blunt trauma. (4) In this section— bleeding out means the loss of blood caused by cutting the major blood vessels, usually in the neck or at the base of the heart via the thoracic inlet. blunt trauma means a single blow to the head that causes immediate loss of consciousness. prescribed young means— (a) a piglet weighing less than 15 kilograms; or (b) an alpaca, camel, cattle, deer, goat or sheep less than 24 hours of age. Part 3 Specific requirements for transporting certain livestock 23 Maximum journey time (1) This section applies to each of the following— (a) the driver of a road-going vehicle transporting livestock; (b) a stock attendant who has custody of livestock being transported by train. (2) The person must ensure the journey time for the livestock is not more than the maximum journey time for the livestock. Page 22 24 Minimum spell duration (1) This section applies to each of the following— (a) the driver of a road-going vehicle transporting livestock; 2013 SL No. 298

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] (b) a stock attendant who has custody of livestock being transported by train. (2) The person must, before the maximum time off water for the livestock is reached, ensure the livestock is given a spell for at least the minimum spell duration for the livestock. (3) However, if the minimum spell duration for the livestock is more than 24 hours, the minimum spell duration may be reduced to 24 hours if— (a) the maximum time off water for the livestock has not yet been reached; and (b) the actual time for which the livestock has been off water is less than 24 hours. (4) If the custody of livestock being transported is transferred to a person at a destination and the person is unable to ascertain when the livestock last had reasonable access to water— (a) the maximum time off water for the livestock is taken to have been reached; and (b) the person must, as soon as reasonably practicable, spell the livestock for the minimum spell duration for the livestock. 25 Alpacas (1) When transporting alpacas— (a) the maximum journey time for the class of alpaca mentioned in column 1 of the following table, is the period of time mentioned in column 2 of the table shown opposite that class; and (b) the maximum time off water for the class of alpaca mentioned in column 1 of the following table, is the period of time mentioned in column 3 of the table shown opposite that class; and 2013 SL No. 298 Page 23

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] Column 1 Class of alpaca (c) the minimum spell duration for the class of alpaca mentioned in column 1 of the following table, is the period of time mentioned in column 4 of the table shown opposite that class. Column 2 Column 3 Column 4 Maximum journey time (hours) Maximum Minimum time off water spell duration (hours) (hours) Alpacas known or 8 8 8 visually assessed to be less than 33 weeks pregnant Alpacas known or 4 4 4 visually assessed to be between 33 and 43 weeks pregnant (inclusive) Alpacas known or visually assessed to be more than 43 weeks pregnant 4 4 24 Lactating alpacas 4 4 4 travelling with dependent young less than 6 months of age Alpacas less than 6 4 4 4 months of age Alpacas between 6 and 8 8 8 12 months of age (inclusive) Any other alpaca 24 24 24 Page 24 2013 SL No. 298

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] (2) Despite subsection (1), the maximum journey time for an alpaca, other than an alpaca known or visually assessed to be more than 43 weeks pregnant, is 72 hours if— (a) the alpaca is given reasonable access to water and feed at all times the alpaca is loaded on the vehicle in which it is being transported; and (b) the alpaca is to be given a spell of at least 24 hours before starting another journey. (3) The driver of a road-going vehicle transporting an alpaca must ensure— (a) the alpaca has sufficient space in the vehicle to sit down or lie on its sternum; and (b) if the alpaca is less than 12 months of age or less than 10 days off shears—the vehicle has an enclosed front or has sufficient cover to protect the alpaca from heat or cold stress or sunburn. 26 Buffalo (1) When transporting buffalo— (a) the maximum journey time for the class of buffalo mentioned in column 1 of the following table, is the period of time mentioned in column 2 of the table shown opposite that class; and (b) the maximum time off water for the class of buffalo mentioned in column 1 of the following table, is the period of time stated in column 3 of the table shown opposite that class; and (c) the minimum spell duration for the class of buffalo mentioned in column 1 of the following table, is the period of time stated 2013 SL No. 298 Page 25

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] Column 1 Class of buffalo Buffalo known or visually assessed to be between 28 and 43 weeks pregnant (inclusive) in column 4 of the table shown opposite that class. Column 2 Column 3 Column 4 Maximum journey time (hours) Maximum Minimum time off water spell duration (hours) (hours) 24 24 12 Buffalo known or visually assessed to be more than 43 weeks pregnant 4 4 24 Lactating buffalo travelling with dependent young 24 24 12 Buffalo less than 6 24 24 12 months of age Any other buffalo 36 36 24 (2) If a buffalo suffers heat stress during a journey, the person who has custody of the buffalo must, as soon as reasonably practicable, apply a water spray to cool the buffalo. Page 26 27 Camels (1) When transporting camels— (a) the maximum journey time for the class of camel mentioned in column 1 of the following table, is the period of time mentioned in column 2 of the table shown opposite that class; and 2013 SL No. 298

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] (b) the maximum time off water for the class of camel mentioned in column 1 of the following table, is the period of time stated in column 3 of the table shown opposite that class; and (c) the minimum spell duration for the class of camel mentioned in column 1 of the following table, is the period of time stated in column 4 of the table shown opposite that class. Column 1 Column 2 Column 3 Column 4 Class of camel Maximum journey time (hours) Maximum Minimum time off water spell duration (hours) (hours) Camels known or 24 24 12 visually assessed to be between 36 and 53 weeks pregnant (inclusive) Camels known or visually assessed to be more than 53 weeks pregnant 4 4 36 Lactating camels travelling with dependent young 24 24 12 Camels less than 6 24 24 12 months of age Any other camel 48 48 36 (2) Despite subsection (1), the maximum journey time for a camel, other than a camel known or visually assessed to be more than 53 weeks pregnant, is 72 hours if— 2013 SL No. 298 Page 27

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] (a) the camel is given reasonable access to water and feed at least once every 24 hours of the journey; and (b) the camel is to be given a spell of at least 24 hours before starting another journey. (3) The driver of a road-going vehicle transporting a camel must ensure— (a) when standing at rest in the vehicle, the camel has at least 100 millimetres clearance between the top of its hump and the surface immediately above the camel; and (b) the camel has sufficient space in the vehicle to lie down on its sternum. (4) The person who has custody of a camel being transported that is in rut must ensure the camel is segregated from all other animals while being transported. 28 Cattle other than bobby calves When transporting cattle, other than bobby calves— (a) the maximum journey time for the class of cattle mentioned in column 1 of the following table, is the period of time mentioned in column 2 of the table shown opposite that class; and (b) the maximum time off water for the class of cattle mentioned in column 1 of the following table, is the period of time stated in column 3 of the table shown opposite that class; and (c) the minimum spell duration for the class of cattle mentioned in column 1 of the following table, is the period of time stated Page 28 2013 SL No. 298

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] Column 1 Class of cattle Cattle known, or visually assessed to be between 24 and 37 weeks pregnant (inclusive) in column 4 of the table shown opposite that class. Column 2 Column 3 Column 4 Maximum journey time (hours) Maximum Minimum time off water spell duration (hours) (hours) 24 24 12 Cattle known or visually assessed to be more than 37 weeks pregnant 4 4 24 Cattle more than 30 24 24 12 days of age but less than 6 months of age Lactating cattle travelling with dependent young Any other cattle 24 24 12 48 48 36 29 Bobby calves (1) A person must not transport a bobby calf that is less than 5 days of age unless the journey time is no more than 6 hours and the calf— (a) has been fed a liquid feed within 6 hours before it is loaded on the vehicle for transporting; and (b) is being taken directly to a calf rearing facility; and 2013 SL No. 298 Page 29

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] Page 30 (c) is provided with thick bedding on the vehicle during the journey; and (d) has sufficient space in the vehicle to lie down on its sternum. (2) For transporting a bobby calf that is more than 5 days but less than 30 days of age— (a) a person must not supply the calf for transport unless— (i) it has been fed a liquid feed within 6 hours before it is loaded on the vehicle for transport; and (ii) it is alert and able to rise from a lying position; and (iii) the journey time is reasonably expected to be 12 hours or less; and (b) the driver of a road-going vehicle must not transport the calf unless— (i) it has sufficient space in the vehicle to lie down on its sternum; and (ii) it is alert and able to rise from a lying position; and (iii) the journey time is reasonably expected to be 12 hours or less; and (c) for a calf being transported to an abattoir—the driver of a road-going vehicle must ensure the calf is delivered to the abattoir in 12 hours or less from the time the calf was loaded on the vehicle. (3) The driver of a road-going vehicle transporting a bobby calf must take reasonable measures to ensure the calf is protected from heat or cold stress during the journey. (4) A person must not transport a premature bobby calf, including an induced calf, unless the calf is 2013 SL No. 298

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] as fit for the journey as a full term calf of an equivalent age. (5) In this section— liquid feed means milk or milk replacer. 30 Deer (1) When transporting deer— (a) the maximum journey time for the class of deer mentioned in column 1 of the following table, is the period of time mentioned in column 2 of the table shown opposite that class; and (b) the maximum time off water for the class of deer mentioned in column 1 of the following table, is the period of time stated in column 3 of the table shown opposite that class; and (c) the minimum spell duration for the class of deer mentioned in column 1 of the following table, is the period of time stated in column 4 of the table shown opposite that class. Column 1 Column 2 Column 3 Column 4 Class of deer Maximum journey time (hours) Maximum Minimum time off water spell duration (hours) (hours) Deer known or visually 24 24 12 assessed to be between 20 and 30 weeks pregnant (inclusive) Deer known or visually assessed to be more than 30 weeks pregnant 4 4 24 2013 SL No. 298 Page 31

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] Column 1 Column 2 Column 3 Column 4 Class of deer Maximum journey time (hours) Maximum Minimum time off water spell duration (hours) (hours) Lactating deer travelling with dependent young 4 24 24 Weaned deer less than 6 28 28 12 months of age Any other deer 48 48 36 (2) The driver of a road-going vehicle transporting deer must not transport a deer— (a) within 7 days after the deer has undergone velvet antler removal; or (b) that has antlers in velvet that are 4 centimetres or more in length; or (c) that has hard antlers that are 4 centimetres or more in length unless— (i) it is segregated from other deer; and (ii) there is sufficient clearance between the antlers and the surfaces of the vehicle to minimise the risk of injury to the deer and its antlers. 31 Emus and ostriches (1) When transporting emus or ostriches— (a) the maximum journey time for the class of emu or ostrich mentioned in column 1 of the following table, is the period of time mentioned in column 2 of the table shown opposite that class; and Page 32 2013 SL No. 298

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] (b) the maximum time off water for the class of emu or ostrich mentioned in column 1 of the following table, is the period of time stated in column 3 of the table shown opposite that class; and (c) the minimum spell duration for the class of emu or ostrich mentioned in column 1 of the following table, is the period of time stated in column 4 of the table shown opposite that class. Column 1 Column 2 Column 3 Column 4 Class of emu or ostrich Maximum journey time (hours) Maximum Minimum time off water spell duration (hours) (hours) Emus or ostriches 24 24 12 between 5 and 90 days of age (inclusive) Emus or ostriches more 36 36 24 than 90 days of age 2013 SL No. 298 (2) A person who has custody of an emu or ostrich being transported must ensure, within 24 hours before starting a journey, the bird is provided with adequate food containing sufficient nutrients to ensure its good health and vitality. (3) The driver of a road-going vehicle transporting an emu or ostrich must ensure any bird between 5 and 90 days of age is given reasonable access to feed at least once every 12 hours during the journey. (4) The driver of a road-going vehicle transporting an emu or ostrich in a container must ensure any bird between 5 and 90 days of age is given reasonable access to water and feed at least once every 12 hours, and provided with shelter, during the journey. Page 33

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] (5) The driver of a road-going vehicle transporting an emu or ostrich less than 5 days of age must take reasonable measures to minimise the risk of harm to the bird during the journey from chilling or overheating. (6) A person who has custody of an emu or ostrich less than 5 days of age must ensure that once the bird is removed from an incubator to be transported, the bird is returned for at least 24 hours to a suitable brooding environment that provides the bird with adequate feed, water and warmth— (a) for a bird transported in a container in which the bird does not have reasonable access to water—within 60 hours; or (b) otherwise—within 72 hours. 32 Goats When transporting goats— (a) the maximum journey time for the class of goat mentioned in column 1 of the following table, is the period of time mentioned in column 2 of the table shown opposite that class; and (b) the maximum time off water for the class of goat mentioned in column 1 of the following table, is the period of time stated in column 3 of the table shown opposite that class; and (c) the minimum spell duration for the class of goat mentioned in column 1 of the following Page 34 2013 SL No. 298

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] Column 1 Class of goat Goats known or visually assessed to be between 14 and 19 weeks pregnant (inclusive) table, is the period of time stated in column 4 of the table shown opposite that class. Column 2 Column 3 Column 4 Maximum journey time (hours) Maximum Minimum time off water spell duration (hours) (hours) 24 24 12 Goats known or visually assessed to be more than 19 weeks pregnant 4 4 12 Lactating goats travelling with dependent young 28 28 12 Goats less than 6 months of age Any other goat 28 28 12 48 48 36 33 Horses (1) When transporting horses— (a) the maximum journey time for the class of horse mentioned in column 1 of the following table, is the period of time mentioned in column 2 of the table shown opposite that class; and (b) the maximum time off water for the class of horse mentioned in column 1 of the following table, is the period of time stated 2013 SL No. 298 Page 35

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] Column 1 Class of horse in column 3 of the table shown opposite that class; and (c) the minimum spell duration for the class of horse mentioned in column 1 of the following table, is the period of time stated in column 4 of the table shown opposite that class. Column 2 Column 3 Column 4 Maximum journey time (hours) Maximum Minimum time off water spell duration (hours) (hours) Horses known or 12 12 12 visually assessed to be between 30 and 43 weeks pregnant (inclusive) Horses known or visually assessed to be more than 43 weeks pregnant 4 4 24 Lactating horses travelling with dependent young 12 12 12 Horses less than 6 12 12 12 months of age Any other horse 24 24 12 (2) Despite subsection (1), the maximum journey time for a horse, other than a horse known or visually assessed to be more than 43 weeks pregnant, is 36 hours if— (a) the horse is given reasonable access to water and feed at least once every 5 hours of the journey; and Page 36 2013 SL No. 298

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] (b) the horse is transported in a vehicle that— (i) protects the horse from the natural elements; and (ii) has sufficient space for the horse to stand at rest with its head raised; and (iii) has sufficient drainage to remove urine; and (c) the horse is to be given a spell of at least 24 hours before starting another journey. (3) The driver of a road-going vehicle transporting a lactating horse with a dependent foal less than 6 months of age must, if the journey time is reasonably expected to be more than 5 hours, provide sufficient space in the vehicle for the foal to suckle from its mother and to lie down. (4) The driver of a road-going vehicle transporting a horse must ensure— (a) for a vehicle with separate stalls or other partitions—that each stall or partition is accessible so as to allow feeding, watering and visual inspection of the horse; and (b) for a vehicle that is fully enclosed with a controlled environment—that there is sufficient airflow, with at least 12 air changes every hour; and (c) for a vehicle other than a horse float—that the vehicle has a vertical clearance of at least 2.2 metres; and (d) if the horse is a stallion—that it is segregated from other horses on the vehicle. 34 Pigs (1) When transporting pigs— 2013 SL No. 298 Page 37

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] (a) the maximum journey time for the class of pig mentioned in column 1 of the following table, is the period of time mentioned in column 2 of the table shown opposite that class; and (b) the maximum time off water for the class of pig mentioned in column 1 of the following table, is the period of time stated in column 3 of the table shown opposite that class; and (c) the minimum spell duration for the class of pig mentioned in column 1 of the following table, is the period of time stated in column 4 of the table shown opposite that class. Column 1 Column 2 Column 3 Column 4 Class of pig Maximum journey time (hours) Maximum Minimum time off water spell duration (hours) (hours) Pigs known or visually assessed to be more than 14 weeks pregnant 4 4 24 Lactating pigs travelling with dependent young 12 12 12 Weaned pigs weighing 12 12 12 less than 30 kilograms Any other pig 24 24 12 (2) Despite subsection (1), the maximum journey time for a pig, other than a pig known or visually assessed to be more than 14 weeks pregnant, is 72 hours if— (a) the pig is given reasonable access to water and feed at least once every 24 hours of the journey; and Page 38 2013 SL No. 298

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] (b) there is sufficient space in the vehicle for the pig to lie down; and (c) the pig is to be given a spell of at least 24 hours before starting another journey. 35 Poultry (1) When transporting poultry— (a) the maximum journey time for the class of poultry mentioned in column 1 of the following table, is the period of time mentioned in column 2 of the table shown opposite that class; and (b) the maximum time off water for the class of poultry mentioned in column 1 of the following table, is the period of time stated in column 3 of the table shown opposite that class; and (c) the minimum spell duration for the class of poultry mentioned in column 1 of the following table, is the period of time stated in column 4 of the table shown opposite that class. Column 1 Column 2 Column 3 Column 4 Class of poultry Maximum journey time (hours) Maximum Minimum time off water spell duration (hours) (hours) Chicks 72 72 72 Poultry other than 24 24 24 chicks 2013 SL No. 298 (2) Despite subsection (1), for a chick, the maximum time off water and the minimum spell duration is 84 hours if the chick is given reasonable access to water at all times the chick is loaded on the vehicle in which it is being transported. Page 39

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] (3) A person who has custody of poultry more than 5 days of age must ensure, within 12 hours before starting a journey, the poultry is provided with adequate food containing sufficient nutrients to ensure the bird’s good health and vitality. (4) The driver of a road-going vehicle transporting poultry less than 5 days of age must take reasonable measures to minimise the risk of harm to the bird during the journey from chilling or overheating. (5) A person who has custody of poultry less than 5 days of age must ensure that once the bird is removed from an incubator to be transported, the bird is returned for at least 24 hours to a suitable brooding environment that provides the bird with adequate feed, water and warmth— (a) for a bird transported in a container in which the bird does not have reasonable access to water—within 60 hours; or (b) otherwise—within 72 hours. (6) In this section— chick means poultry less than 72 hours of age. Page 40 36 Sheep When transporting sheep— (a) the maximum journey time for the class of sheep mentioned in column 1 of the following table, is the period of time mentioned in column 2 of the table shown opposite that class; and (b) the maximum time off water for the class of sheep mentioned in column 1 of the following table, is the period of time stated in column 3 of the table shown opposite that class; and 2013 SL No. 298

Animal Care and Protection Amendment Regulation (No. 3) 2013 [s 10] Column 1 Class of sheep (c) the minimum spell duration for the class of sheep mentioned in column 1 of the following table, is the period of time stated in column 4 of the table shown opposite that class. Column 2 Column 3 Column 4 Maximum journey time (hours) Maximum Minimum time off water spell duration (hours) (hours) Sheep known or 24 24 12 visually assessed to be between 14 and 19 weeks pregnant (inclusive) Sheep known or visually assessed to be more than 19 weeks pregnant 4 4 24 Lactating sheep travelling with dependent young 28 28 12 Sheep less than 4 months of age 28 28 12 Any other sheep 48 48 36 ENDNOTES 1 Made by the Governor in Council on 19 December 2013. 2 Notified on the Queensland legislation website on 20 December 2013. 3 The administering agency is the Department of Agriculture, Fisheries and Forestry. © State of Queensland 2013 Authorised by the Parliamentary Counsel 2013 SL No. 298 Page 41