Australian Meat and Live-stock Industry (Export of Cattle) Orders 1998 (Cth)
Australian Meat and Live-stock Industry (Export of Cattle) Orders 1998
as amended
made under section 17 of the
Australian Meat and Live‑stock Industry Act 1997
This compilation was prepared on 28 March 2003
taking into account amendments up to Australian Meat and Live-stock Industry (Export of Cattle) Amendment Orders 2002 (No. 1)
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
1AName of orders [see Note 1] 3
1Commencement 3
2Revocation 3
3Interpretation 3
4Export during northern summer of cattle from Australian ports south of 26th parallel 3
4AExport during northern summer of cattle from Australian ports north of 26th parallel 6
5Export during northern winter of cattle from Australian ports south of 26th parallel 6
6Reconsideration and review of certain decisions 8
Notes 10
1A Name of orders [see Note 1]
These orders are the Australian Meat and Live-stock Industry (Export of Cattle) Orders 1998.
Commencement [see Note 1]
This Order takes effect on the day it is notified in the Commonwealth of Australia Gazette.
Revocation
Order No LC 1/98 is revoked.
Interpretation
cattle means live cattle.
the Department means the Department of Primary Industries and Energy (DPIE) or any other Department or agency of the Commonwealth which is from time to time responsible for the administration of the Act.
LEAP means the document called ‘Live-stock Export Accreditation Program’, published in March 2001 by the Australian Livestock Export Corporation Ltd (LiveCorp).
Note Copies of LEAP are available from LiveCorp, 23 Hunter Street, Sydney NSW 2000, telephone (02) 9223 7655.
licensee means the holder of a live‑stock export licence to export cattle granted under section 10 of the Act.
Secretary means the Secretary of the Department.
spare pens means the pens required to be provided on each deck of the vessel, having a capacity where more than ten but less than one hundred cattle are carried on the deck, sufficient for one animal, and where more than one hundred cattle are carried on a deck, sufficient for one animal for each one hundred or part thereof.
vessel means the vessel in which the cattle are exported from Australia.
Export during northern summer of cattle from Australian ports south of 26th parallel
(1) This clause applies to the export of cattle by a licensee:
(a) from a port in Australia south of 26 south latitude (except export to South East Asia or Japan); and
(b) during May, June, July, August, September or October.
(1A) The licensee must not, without the written consent of the Secretary, export cattle to any of the following ports:
(a) Bahrain (Manama), Bahrain;
(b) Kuwait, Kuwait;
(c) Doha, Qatar;
(d) Umm Said, Qatar;
(e) Dammam, Saudi Arabia;
(f) Dubai, UAE;
(g) Mina Saqr, UAE;
(h) Umm Al Qaywayn, UAE.
(2) The licensee must not export cattle:
(a) intended for slaughter; and
(b) for an individual animal — over 500 kg live weight when it is loaded.
(3) The licensee must not, without the written consent of the Secretary, export cattle:
(a) intended for breeding; and
(b) for an individual animal — over 500 kg live weight when it is loaded.
(4) The licensee must not, without the written consent of the Secretary, export cattle;
(a) intended for breeding or slaughter, and
(b) for an individual animal — under 150 kg live weight when it is loaded.
(5) When deciding whether to approve the export of breeding cattle under subclause (1A), (3) or (4), the Secretary must give priority to the welfare of the cattle.
(6) For each consignment of cattle, the average floor area per animal (excluding spare pens) in an area of the ship where animals are housed must be at least the amount worked out under the following table.
Average weight per head of cattle (kg)
Minimum floor area per head (m2)
Average weight per head of cattle (kg)
Minimum floor area per head (m2)
150–200 0.847 280 1.146 205 0.866 285 1.165 210 0.8844 290 1.184 215 0.903 295 1.203 220 0.922 300 1.221 225 0.941 305 1.240 230 0.959 310 1.258 235 0.978 315 1.277 240 0.997 320 1.296 245 1.016 325 1.315 250 1.034 330 1.333 255 1.053 335 1.352 260 1.071 340 1.371 265 1.090 345 1.390 270 1.109 350 1.408 275 1.128 355 1.427 360 1.445 435 1.805 365 1.464 440 1.824 370 1.483 445 1.844 375 1.502 450 1.863 380 1.520 455 1.883 385 1.539 460 1.902 390 1.558 465 1.922 395 1.613 470 1.941 400 1.668 475 1.961 405 1.688 480 1.980 410 1.707 485 2.000 415 1.727 490 2.019 420 1.746 495 2.039 425 1.766 500 2.059 430 1.785 (7) If the average weight per head of cattle is not a weight mentioned in the table, the minimum floor area per head is the area mentioned for an average weight rounded up to the nearest 5 kg.
(8) Breeding cattle of over 500 kg live weight must:
(a) be penned separately from other cattle; and
(b) each have a minimum pen area of 2.059 m2 plus 0.02 m2 for each 5 kg over 500 kg.
(9) Slaughter or breeding cattle under 150 kg live weight must be penned separately from other cattle.
4A Export during northern summer of cattle from Australian ports north of 26th parallel
(1) This clause applies to the export of cattle by a licensee from a port in Australia north of 26 south latitude:
(a) to any of the following ports:
(i) Bahrain (Manama), Bahrain;
(ii) Kuwait, Kuwait;
(iii) Doha, Qatar;
(iv) Umm Said, Qatar;
(v) Dammam, Saudi Arabia;
(vi) Dubai, UAE;
(vii) Mina Saqr, UAE;
(viii) Umm Al Quwain, UAE; and
(b) during May, June, July, August, September or October.
(2) Subject to subclause (3), and without the written consent of the Secretary, the licensee:
(a) must not export more than 500 head of cattle in any consignment; and
(b) must ensure that 80% of the total consignment exported has the physical characteristics of the bos indicus type; and
(c) must comply with stocking densities required by LEAP.
(3) Before applying for an export permit, under the Export Control (Animals) Orders as amended, to export a consignment of cattle, the licensee must submit a management plan for the export of the cattle to the Australian Quarantine and Inspection Service, Canberra.
Note Management plans must be submitted to the General Manager, Market Maintenance, Australian Quarantine and Inspection Service, GPO Box 858, Canberra ACT 2601.
(4) When deciding whether to consent to the export of cattle under subclause (2), the Secretary must give priority to the welfare of the cattle.
Export during northern winter of cattle from Australian ports south of 26th parallel
(1) This clause applies to the export of cattle by a licensee:
(a) from a port in Australia south of 26 south latitude (except export to South East Asia or Japan); and
(b) during November, December, January, February, March or April.
(2) The licensee must not export cattle:
(a) intended for slaughter; and
(b) for an individual animal — over 550 kg live weight when it is loaded.
(3) The licensee must not, without the written consent of the Secretary, export cattle:
(a) intended for breeding; and
(b) for an individual animal — over 550 kg live weight when it is loaded.
(4) The licensee must not, without the written consent of the Secretary, export cattle:
(a) intended for breeding or slaughter, and
(b) for an individual animal — under 150 kg live weight when it is loaded.
(5) When deciding whether to approve the export of cattle under subclause (3) or (4), the Secretary must give priority to the welfare of the cattle.
(6) For each consignment of cattle, the average floor area per animal (excluding spare pens) in an area of the ship where animals are housed must be at least the amount worked out under the following table.
Average weight per head of cattle (kg)
Minimum floor area per head (m2)
Average weight per head of cattle (kg)
Minimum floor area per head (m2)
150-200 0.770 305 1.127 205 0.787 310 1.144 210 0.804 315 1.161 215 0.821 320 1.178 220 0.838 325 1.195 225 0.855 330 1.212 230 0.872 335 1.229 235 0.889 340 1.246 240 0.906 345 1.263 245 0.923 350 1.280 250 0.940 355 1.297 255 0.957 360 1.314 260 0.974 365 1.331 265 0.991 370 1.348 270 1.008 375 1.365 275 1.025 380 1.382 280 1.042 385 1.399 285 1.059 390 1.416 290 1.076 395 1.433 295 1.093 400 1.450 300 1.110 405 1.467 410 1.484 485 1.775 415 1.501 490 1.827 420 1.518 495 1.880 425 1.535 500 1.932 430 1.552 505 1.984 435 1.569 510 2.035 440 1.586 515 2.086 445 1.603 520 2.137 450 1.620 525 2.157 455 1.637 530 2.176 460 1.654 535 2.196 465 1.671 540 2.215 470 1.688 545 2.235 475 1.705 550 2.255 480 1.722 (7) If the average weight per head of cattle is not a weight mentioned in the table, the minimum floor area per head is the area mentioned for an average weight rounded up to the nearest 5 kg.
(8) Slaughter or breeding cattle of over 500 kg live weight must be penned separately from other cattle.
(9) Breeding cattle of over 550 kg live weight must each have a minimum pen area of 2.255 m2 plus 0.02 m2 for each 5 kg over 550 kg.
(10) Slaughter or breeding cattle under 150 kg live weight must be penned separately from other cattle.
Reconsideration and review of certain decisions
(1) If the Secretary refuses to consent to the export of cattle mentioned in subclause 4 (1A), 4 (3), 4 (4), 4A (2), 5 (3) or 5 (4), the licensee who sought the consent may ask the Secretary to reconsider the decision.
(2) A request for reconsideration must:
(a) be in writing; and
(b) set out the reasons why the Secretary should reconsider the decision; and
(c) be given to the Secretary within 14 days after the licensee is told in writing of the decision.
(3) After reconsidering a decision, the Secretary must either:
(a) confirm the original decision; or
(b) substitute another decision for it.
(4) If the Secretary does not tell the licensee in writing of the result of the reconsideration within 21 days of receiving the request, the Secretary is taken to have confirmed the original decision.
(5) If the Secretary decides to substitute another decision for the original decision, the later decision replaces the original decision for all purposes.
(6) The licensee may apply to the Administrative Appeals Tribunal for review of the Secretary’s decision on reconsideration.
Notes to the Australian Meat and Live-stock Industry (Export of Cattle) Orders 1998
Note 1
The Australian Meat and Live-stock Industry (Export of Cattle) Orders 1998 (in force under section 17 of the Australian Meat and Live‑stock Industry Act 1997) as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments
| Title | Date of notification | Date of | Application, saving or |
| Australian Meat and Live-stock Industry (Export of Cattle) Orders 1998 (No. LC2/98) | 9 Sept 1998 (see Gazette 1998, No. S453) | 9 Sept 1998 | |
| Australian Meat and Live-stock Industry (Export of Cattle) Orders 1998 (No. LC2/98 Amendment) | 23 Dec 1998 (see Gazette 1998, No. S620) | 23 Dec 1998 | — |
| Australian Meat and Live-stock Industry (Export of Cattle) Amendment Order 1999 (No. LC1/99) | 26 Nov 1999 (see Gazette 1999, No. S562) | 26 Nov 1999 | — |
| Australian Meat and Live-stock Industry (Export of Cattle) Amendment Orders 2002 (No. 1) | 18 July 2002 (see Gazette 2002, No. S273) | 18 July 2002 | — |
Table of Amendments
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
| Provision affected | How affected |
| C.1A........................................ | ad. 1998 No. 1 |
| C. 3......................................... | am. 1999 No. LC1; 2002 No. 1 |
| C. 4......................................... | am. 1998 No. 1 |
| rs. 1999 No. LC1 | |
| am. 2002 No. 1 | |
| C. 4A....................................... | ad. 2002 No. 1 |
| C. 5......................................... | ad. 1999 No. LC1 |
| C. 6......................................... | ad. 1999 No. LC1 |
| am. 2002 No. 1 | |
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