Enzootic Diseases Amendment Regulations (No. 3) 2005 (WA)

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11 dune 2005 GOVERNMENT GAZETTE, WA 2609
AG303*
Stock Diseases (Regulations) Act 1968

These regulations come into operation on 1 July 2005.

Enzootic Diseases Amendment Regulations

(No. 3) 2005

Made by the Governor in Executive Council.
1. Citation

These regulations are the Enzootic Diseases Amendment
Regulations (No. 3) 2005.
2. Commencement

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14 June 2005

3. The regulations amended

The amendments in these regulations are to the Enzootic
Diseases Regulations 1970*.
[* Reprinted as at 13 August 1999.
For amendments to 9 May 2005 see Western Australian

Legislation Information Tables for 2004, Table 4, p. 391.]

4. Part 9 replaced
Part 9 is repealed and the following Part is inserted instead -

Part 9 - Cattle or buffalo identification
79. Interpretation

(1) In this Part —
"approved identification" means identification
approved under regulation 80(3);

"animal" means cattle or buffalo;
"sell" includes to supply.

(2) For the purposes of this Part, an animal is moved from
one property to another if it is moved between places
that have different PICs.
80. Responsibilities of owners

(1) Except as provided in subregulation (2), an owner of an animal must not move the animal, or permit the animal to be moved, from a property unless the animal has an NLIS device applied to it at the time it is moved.
Penalty: $5 000.

(2) Subregulation (1) does not apply if—

(a) subject to subregulations (3) and (5) to (7) -

(i)

the animal is being moved to an export depot or an abattoir from the animal's property of birth; or

(ii)

the animal is being moved to a saleyard, an export depot or an abattoir from a property that is contiguous with the animal's property of birth and that is not in an area referred to in section 30(l)(a) of the Stock (Identification and Movement) Act 1970;
or

(b) the animal is exempted from the requirement of that subregulation by the Chief Inspector.

(3) The owner cannot rely upon the exemption in

subregulation (2)(a) unless an approved means of

14 June 2005 GOVERNMENT GAZETTE, WA 2611
identification, except an NLIS device, is applied to the
animal and -

(a)

the identification displays the PlC of the property from which the animal is being moved;

(b)

in the case of animals being moved to an abattoir, the identification takes the form of an eartag or tailtag;

(c)

in the case of animals being moved to an export depot, the identification takes the form of an eartag.
(4) A person must not remove from an animal any means
of identification approved under subregulation (3)
unless it is done -

(a)

after the animal has been slaughtered in an abattoir;

(b)

after the animal is slaughtered or otherwise dies on any other property, by the operator of the property; or
(c) by an approved person.
Penalty: $5 000.

(5) The owner cannot rely upon the exemption in
subregulation (2)(a) unless the animal is kept separate
from—

(a)

animals to which NLIS devices have been applied; and
(b) animals being moved from another property.

(6) The owner cannot rely upon the exemption in

subregulation (2)(a) unless the owner has furnished to
the drover or carrier of the animal a waybill or other

document prescribed under section 46 of the Stock
(Identification and Movement) Act 1970 that applies to
all the animals moved under that subregulation at that
time and no other animals.

(7) The owner cannot rely upon the exemption in

subregulation (2)(a)(ii) unless the owner has furnished to the drover or carrier of the animal a waybill or other document prescribed under section 46 of the Stock
(Identification and Movement) Act 1970 that displays
the PlC of the property of birth of the animal.
81. Responsibilities of purchasers

If animals are sold to a person, the person must not
take possession of the animals unless they are moved in
accordance with these regulations.
Penalty: $5 000.

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82. Responsibilities of drovers or carriers

(1) In this regulation -
"transport document" iricans

(a) a waybill;
(b) a document prescribed under section 46 of the Stock (Identification and Movement) Act 1970; or
(c) a note referred to in section 50(3) of the Stock (Identification and Movement) Act 1970.

(2) A drover or carrier moving animals from a property to

a holding yard must, as soon as practicable after
arriving at the holding yard, endorse on the transport
document -

(a) the PlC of the holding yard; and

(b)

the PlC of the property to which the animals are to be taken from the holding yard.
Penalty: $5 000.
(3) A drover or carrier moving animals from a property to

a saleyard, abattoir or export depot must, as soon as
practicable after arriving there, give to the operator a
copy of any transport document relating to the animals.
Penalty: $5 000.

(4) If a drover or carrier moves animals from a property
and the animals have approved identification applied to
them, the drover or carrier must keep the animals
separate from -

(a)

animals to which NLIS devices have been applied; and

(b) animals being moved from another property.
Penalty: $5 000.
83. Responsibilities of holding yard operators
When animals are moved to a holding yard from a particular property and are kept there for more than 48 hours, the operator of the holding yard must keep a
record, in an approved form, of—

(a)

the PlC of the property from which animals were moved to the holding yard;

(b)

the date on which animals were moved to the holding yard from the property;

(c)

the number of animals moved to the holding yard from the property on that date; and

(d)

the date on which the animals were moved from the holding yard.

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84. Responsibilities of saleyard operators

(1) Unless an inspector in a particular case approves
otherwise, if an animal is moved to a saleyard and an NLIS device is not applied to the animal, the saleyard operator must, within the period specified in
subregulation (2) -

(a) apply an NLIS post breeder device to the animal; and
(b) update the NLIS database in relation to the device by recording -
(i) the PlC of the property from which the animal was moved to the saleyard;

(ii)
document prescribed under section 46
of the Stock (Identification and
the serial number of the waybill or other movement of the animal; and
(iii) the date the animal was moved.

Penalty: $5 000.

(2) The saleyard operator must comply with the requirements of subregulation (1) as soon as practicable after the movement of the animal to the
saleyard and before it is sold or otherwise moved from
the saleyard.

(3) If animals are moved to a saleyard and more than 10% of the animals have neither NLIS devices nor approved identification applied to them, the operator of the
saleyard must -

(a)

hold the animals at the saleyard without selling them; and

(b)
inform an inspector accordingly, and comply
with any directions given to the operator by the
inspector under subregulation (4).

Penalty: $5 000.

(4) The inspector may make any necessary or convenient
direction in relation to the animals including -

(a) to hold the animals at the saleyard;

(b)

to move them to, and hold them at, another place specified by the inspector; and

(c)

to arrange for subregulation (1) to be complied with.

(5) A saleyard operator must comply with a direction
given by an inspector under subregulation (4).
Penalty: $5 000.

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14 June 2005

(6) If an animal is born on, or while being moved to, a
saleyard the saleyard operator must -

(a) as soon as practicable after its birth and before it is sold or otherwise moved from the saleyard, apply an NLIS post breeder device to the animal; and
(b) within 48 hours after the device is applied, update the NLIS database in relation to the device by recording -
(i) the PlC of the property from which the mother of the animal was moved to the saleyard;

(ii)
document prescribed under section 46
of the Stock (Identification and
the serial number of the waybill or other movement of the animal's mother; and
(iii) the date the animal was born.

Penalty: $5 000.
85. Responsibilities of abattoir operators

(1) In this regulation -
"inspector" includes an officer of an agency
responsible under a written law of this State or the
Commonwealth for -

(a) the inspection of animals before they are slaughtered; and
(b) giving consent for the animals to be slaughtered after inspection,
who is authorised by the agency to exercise the functions of an inspector under this regulation.

(2) If an animal to which approved identification is applied
is moved to an abattoir, the abattoir operator must -

(a)
keep a record in accordance with animal to the abattoir and any subsequent slaughter, or other movement from the abattoir, of the animal; and

(b)

make the record available for inspection by an inspector during normal business hours.
Penalty: $5 000.

(3) A record under subregulation (2) is to be in an
approved form and is to include the PlC of the property
from which the animal was moved to the abattoir and
the name and address of the operator of that property.

14 June 2005 GOVERNMENT GAZETTE, WA 2615
(4) Unless an inspector in a particular case approves
otherwise, if an animal is moved to an abattoir and
neither an NLIS device nor approved identification is
applied to the animal, the abattoir operator must, within
the period specified in subregulation (5) -
(a) apply to the animal -
(i) an NLIS post breeder device; or
(ii) an approved tag displaying the PlC of the property from which the animal was moved to the abattoir;

and

(b) if the operator applies a tag to the animal -
(i) keep an approved record of the consignment in which the animal was moved to the abattoir; and
(ii) make the record available for inspection by an inspector during normal business hours.

Penalty: $5 000.

(5) The abattoir operator must comply with the requirements of subregulation (4) as soon as practicable after the movement of the animal to the
abattoir and before it is slaughtered or otherwise
moved from the abattoir.
(6) If animals are moved to an abattoir and more than 10% of the animals have neither NLIS devices nor approved identification applied to them, the operator of the
abattoir must -

(a)

hold the animals at the abattoir without slaughtering them; and

(b) inform an inspector accordingly, and comply
with any directions given to the operator by the
inspector under subregulation (7).
Penalty: $5 000.

(7) The inspector may make any necessary or convenient
direction in relation to the animals including -

(a) to hold the animals at the abattoir;

(b)

to move them to, and hold them at, another place specified by the inspector; and

(c)

to arrange for subregulation (4) to be complied with.

(8) An abattoir operator must comply with a direction
given by an inspector under subregulation (7).
Penalty: $5 000.

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(9) If an animal to which approved identification is applied

is moved to an abattoir but is not slaughtered, the
abattoir operator must not move the animal from the
abattoir to another property unless -

(a) before the animal is moved, the abattoir

operator applies an NLIS post breeder device to
the animal;
(b) as soon as practicable after the NLIS device is applied, the abattoir operator updates the NLIS database in relation to the device by
recording -
(i) the PlC of the property from which the animal was moved to the abattoir;
(ii) the PlC of the abattoir;

(iii)
document prescribed under section 46
the serial number of the waybill or other Movement) Act 1970 relating to the movement of the animal to the abattoir; and
(iv) the date the animal was moved to the abattoir;

and

(c) within 48 hours after the animal is moved to the other property, the abattoir operator updates the NLIS database in relation to the device by
recording -
(i) the PlC of the property;

(ii)
document prescribed under section 46
the serial number of the waybill or other Movement) Act 1970 relating to the

movement of the animal; and
(iii) the date the animal was moved.

Penalty: $5 000.

85A. Responsibilities of export depot operators

(1) If an animal to which approved identification is applied

is moved to an export depot, the export depot operator
must -

(a)

keep a record in accordance with subregulation (2) of the movement of the animal to the export depot and any subsequent export, or other movement from the export depot, of the animal; and

(b)

make the record available for inspection by an inspector during normal business hours.
Penalty: $5 000.

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(2) A record under subregulation (1) is to be in an

approved form and is to include the PlC of the property
from which the animal was moved to the export depot
and the name and address of the operator of that
property.
(3) Unless an inspector in a particular case approves
otherwise, if an animal is moved to an export depot and
neither an NLIS device nor approved identification is
applied to the animal, the export depot operator must,
within the period specified in subregulation (4) -
(a) apply to the animal -
(i) an NLIS post breeder device; or
(ii) an approved tag displaying the PlC of the property from which the animal was moved to the export depot;

and

(b) if the operator applies a tag to the animal -
(i) keep an approved record of the consignment in which the animal was moved to the export depot; and
(ii) make the record available for inspection by an inspector during normal business hours.

Penalty: $5 000.

(4) The export depot operator must comply with the
requirements of subregulation (3) as soon as
practicable after the movement of the animal to the
export depot and before it is exported or is otherwise
moved from the depot.

(5) If animals are moved to an export depot and more than

approved identification applied to them, the operator of 10% of the animals have neither NLIS devices nor
the export depot must -

(a) hold the animals at the export depot; and

(b)

inform an inspector accordingly, and comply with any directions given to the operator by the inspector under subregulation (6).
Penalty: $5 000.

(6) The inspector may make any necessary or convenient
direction in relation to the animals including -

(a) to hold the animals at the export depot;

(b)

to move them to, and hold them at, another place specified by the inspector; and
(c) to arrange for subregulation (3) to be complied
with.

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(7) An export depot operator must comply with a direction

given by an inspector under subregulation (6).
Penalty: $5 000.

(8) If an animal is born on, or while being moved to, an
export depot the export depot operator must as soon as practicable after its birth or movement to the depot, as the case may be, and before it is sold or otherwise
moved from the depot, apply an approved eartag to the
animal.
Penalty: $5 000.

(9) If an animal to which approved identification is applied

is moved to an export depot but is not exported, the
export depot operator must not move the animal from
the export depot unless -

(a) the animal is moved to an abattoir; or

(b)

if the animal is moved to any other property, the export depot operator complies with subregulation (10).
Penalty: $5 000.
(10) The export depot operator must not move the animal to the other property unless -
(a) before the animal is moved, the export depot
operator applies an NLIS post breeder device to
the animal;

(b) as soon as practicable after the NLIS device is applied, the export depot operator updates the NLIS database in relation to the device by
recording -
(i) the PlC of the property from which the animal was moved to the export depot;
(ii) the serial number of the waybill or other

document prescribed under section 46
of the Stock (Identification and movement of the animal to the export depot; and
(iii) the date the animal was moved;

and

(c) within 48 hours after the animal is moved to the

other property, the export depot operator
updates the NLIS database by recording -

(i) the PlC of the property;

(ii)
document prescribed under section 46
of the Stock (Identification and
the serial number of the waybill or other movement of the animal; and

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(iii) the date the animal was moved.
5. Schedule 2 amended

(1) Schedule 2 item 15 is amended by deleting "the registered tail
tag of the property of origin and each breeding animal shall be
individually identified by a tattoo, ear tab or brand." and
inserting instead
44
an NLIS device or identification approved under

regulation 80(3). 1,

(2)

Schedule 2 item 29(1) is amended by deleting "is tagged with the registered tail tag of the property of origin." and inserting instead —
" is identified by an NLIS device. ".
(3) Schedule 2 item 29(2) is amended by deleting "to its property of
origin by means of the registered tail tag, ear mark or brand, as
the case requires," and inserting instead —
" by an NLIS device ".
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.

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Citations

Enzootic Diseases Amendment Regulations (No. 3) 2005 (WA)

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(a) subject to subregulations (3) and (5) to (7) -	(i)	the animal is being moved to an export depot or an abattoir from the animal's property of birth; or
(ii)	the animal is being moved to a saleyard, an export depot or an abattoir from a property that is contiguous with the animal's property of birth and that is not in an area referred to in section 30(l)(a) of the Stock (Identification and Movement) Act 1970;

(a)	the identification displays the PlC of the property from which the animal is being moved;
(b)	in the case of animals being moved to an abattoir, the identification takes the form of an eartag or tailtag;
(c)	in the case of animals being moved to an export depot, the identification takes the form of an eartag.

(a)	after the animal has been slaughtered in an abattoir;
(b)	after the animal is slaughtered or otherwise dies on any other property, by the operator of the property; or
(c)	by an approved person.

(a)	animals to which NLIS devices have been applied; and
(b)	animals being moved from another property.

(a)	a waybill;
(b)	a document prescribed under section 46 of the Stock (Identification and Movement) Act 1970; or
(c)	a note referred to in section 50(3) of the Stock (Identification and Movement) Act 1970.

(a)	the PlC of the holding yard; and
(b)	the PlC of the property to which the animals are to be taken from the holding yard.

(a)	the PlC of the property from which animals were moved to the holding yard;
(b)	the date on which animals were moved to the holding yard from the property;
(c)	the number of animals moved to the holding yard from the property on that date; and
(d)	the date on which the animals were moved from the holding yard.

(a)	apply an NLIS post breeder device to the animal; and
(b)	update the NLIS database in relation to the device by recording -

(a)	hold the animals at the saleyard without selling them; and
(b)

(a)	to hold the animals at the saleyard;
(b)	to move them to, and hold them at, another place specified by the inspector; and
(c)	to arrange for subregulation (1) to be complied with.

(a)	as soon as practicable after its birth and before it is sold or otherwise moved from the saleyard, apply an NLIS post breeder device to the animal; and
(b)	within 48 hours after the device is applied, update the NLIS database in relation to the device by recording -

(a)	the inspection of animals before they are slaughtered; and
(b)	giving consent for the animals to be slaughtered after inspection,

(5)	The abattoir operator must comply with the requirements of subregulation (4) as soon as practicable after the movement of the animal to the
abattoir and before it is slaughtered or otherwise moved from the abattoir.

(b)	inform an inspector accordingly, and comply
with any directions given to the operator by the inspector under subregulation (7).

(a)	to hold the animals at the abattoir;
(b)	to move them to, and hold them at, another place specified by the inspector; and
(c)	to arrange for subregulation (4) to be complied with.

(a)	keep a record in accordance with subregulation (2) of the movement of the animal to the export depot and any subsequent export, or other movement from the export depot, of the animal; and
(b)	make the record available for inspection by an inspector during normal business hours.

approved identification applied to them, the operator of 10% of the animals have neither NLIS devices nor
the export depot must -
(a)	hold the animals at the export depot; and
(b)	inform an inspector accordingly, and comply with any directions given to the operator by the inspector under subregulation (6).

(a)	to hold the animals at the export depot;
(b)	to move them to, and hold them at, another place specified by the inspector; and

(a)	the animal is moved to an abattoir; or
(b)	if the animal is moved to any other property, the export depot operator complies with subregulation (10).

(1)	Schedule 2 item 15 is amended by deleting "the registered tail tag of the property of origin and each breeding animal shall be individually identified by a tattoo, ear tab or brand." and inserting instead
44

(2)	Schedule 2 item 29(1) is amended by deleting "is tagged with the registered tail tag of the property of origin." and inserting instead —
" is identified by an NLIS device. ".
(3)	Schedule 2 item 29(2) is amended by deleting "to its property of origin by means of the registered tail tag, ear mark or brand, as the case requires," and inserting instead —
" by an NLIS device ".