Animal Welfare Variation Regulations 2015 (SA)

South Australia

Animal Welfare Variation Regulations 2015

under the Animal Welfare Act 1985

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Animal Welfare Regulations 2012

4            Variation of regulation 9—Use of traps prohibited in certain circumstances

5            Insertion of regulation 11A

11A         Exemption from section 16 of Act

Part 1—Preliminary

1—Short title

These regulations may be cited as the Animal Welfare Variation Regulations 2015.

2—Commencement

These regulations will come into operation 4 months after the day on which they are made.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Animal Welfare Regulations 2012

4—Variation of regulation 9—Use of traps prohibited in certain circumstances

1. Regulation 9(1)—after "dog," insert:

   a feral cat,

2. Regulation 9(2)(c)(iv)—delete "sufficient strychnine" and substitute:

   an agricultural chemical product approved by the Minister sufficient to ensure a rapid death for any animal caught in the trap

3. Regulation 9—after subregulation (2) insert:

   (2a)A person must not set a jawed leg hold trap for a feral cat unless—

   (a)use of the trap is reasonably required for the purposes of—

   (i)a threatened species recovery program, or a research program related to feral cat management, approved by an animal ethics committee; or

   (ii)a native fauna conservation program approved by the Minister; and

   (b)the trap is set on land that is not less than 1 kilometre from the nearest residential premises; and

   (c)the trap is monitored every day; and

   (d)any animal caught in the trap is treated and released, or killed, as soon as is reasonably practicable after being caught; and

   (e)the jaws of the trap—

   (i)are not serrated; and

   (ii)are offset so that there is a distance of at least 6 millimetres between the metal parts of the jaws when the jaws are closed; and

   (iii)are padded with rubber pads.

   Maximum penalty: $2 500.

   Expiation fee: $210.

4. Regulation 9(3)(c)—delete "inspected" and substitute:

   monitored

5—Insertion of regulation 11A

After regulation 11 insert:

11A—Exemption from section 16 of Act

A person is exempt from the operation of section 16(1) of the Act in respect of an activity undertaken—

(a)for, or on behalf of, a person who holds a licence under Part 4 of the Act; or

(b)under the supervision of a person who holds a licence under Part 4 of the Act or an employee of such a person.

Made by the Governor

with the advice and consent of the Executive Council

on 20 August 2015

No 198 of 2015

15MSECCS022