Prevention of Cruelty to Animals (Domestic Fowl) Regulations 2016 (Vic)
Version No. 001
Prevention of Cruelty to Animals (Domestic Fowl) Regulations 2016
S.R. No. 122/2016
Version as at
18 October 2016
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Revocation
5Definitions
6General conditions for the keeping of domestic fowl
7General cage requirements for domestic fowl kept for egg production
8Minimum cage floor area for domestic fowl weighing less than 4·5 kilograms kept for egg production
9Minimum cage floor area for domestic fowl weighing 4·5 kilograms or more kept for egg production
10General requirements for domestic fowl kept for egg or meat production in non-cage housing system
11Minimum useable floor area for domestic fowl kept for egg production in non-cage housing system
12Minimum useable floor area for domestic fowl kept for meat production in non-cage housing system
13Range requirements for domestic fowl
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 001
Prevention of Cruelty to Animals (Domestic Fowl) Regulations 2016
S.R. No. 122/2016
Version as at
18 October 2016
1Objective
The objective of these Regulations is to provide for the conditions under which domestic fowl are housed.
2Authorising provision
These Regulations are made under section 42 of the Prevention of Cruelty to Animals Act 1986.
3Commencement
These Regulations come into operation on 18 October 2016.
4Revocation
The Prevention of Cruelty to Animals (Domestic Fowl) Regulations 2006[1] are
revoked.
5Definitions
In these Regulations—
cage floor area means the floor area of the internal part of a cage;
domestic fowl means a member of the species Gallus gallus domesticus;
range means an outdoor area that is accessible to domestic fowl.
6General conditions for the keeping of domestic fowl
(1)A person who is in charge of domestic fowl must ensure that the fowl are provided with access to food that contains adequate nutrients to meet the requirements of their health and wellbeing—
(a)in the case of newly-hatched fowl, within 60 hours after hatching; and
(b)in any other case, at least once in every 24 hour period.
Penalty:5 penalty units.
(2)A person who is in charge of domestic fowl must ensure that the fowl are provided with access to sufficient water to meet the requirements of their health and wellbeing—
(a)in the case of newly-hatched fowl, within 60 hours after hatching; and
(b)in any other case, at least once in every 24 hour period.
Penalty:5 penalty units.
(3)A person who is in charge of domestic fowl must ensure that the fowl are inspected at least once in every 24 hour period to assess their health and wellbeing.
Penalty:5 penalty units.
(4)A person who is in charge of domestic fowl must have—
(a)a contingency plan in respect of any power failure; and
(b)a contingency plan in respect of any interruption to the supply of food or water to the domestic fowl.
Penalty:5 penalty units.
(5)A person who is in charge of domestic fowl that are housed in a mechanically ventilated shed must ensure there is a system in place for testing alarms installed at the shed.
Penalty:5 penalty units.
7General cage requirements for domestic fowl kept for egg production
(1)This regulation applies to a person who is in charge of domestic fowl that are—
(a)kept for the purposes of egg production; and
(b)housed in cages.
(2)The person must ensure that if the domestic fowl are housed in a structure with more than one deck, the cages in that structure are arranged so that all of the domestic fowl are—
(a)visible for the purpose of inspection; and
(b)protected from excreta from fowl that are housed on any higher deck.
Penalty:5 penalty units.
(3)The person must ensure that the floor of each cage in which the domestic fowl are housed is constructed to support the forward pointing toes of any fowl housed in that cage.
Penalty:5 penalty units.
(4)The person must ensure that the height of each cage is greater than the maximum height of any domestic fowl standing normally in that cage.
Penalty:5 penalty units.
(5)The person must ensure that each cage has a door with the following dimensions—
(a)a height equal to the full height of the cage;
(b)a width that is either—
(i)at least 50 centimetres; or
(ii)if the width of the cage is less than 50 centimetres, the full width of the cage.
Penalty:5 penalty units.
8Minimum cage floor area for domestic fowl weighing less than 4·5 kilograms kept for egg production
(1)This regulation applies in relation to domestic fowl that—
(a)weigh less than 4·5 kilograms; and
(b)are kept for the purposes of egg production; and
(c)are housed in a cage.
(2)A person who is in charge of domestic fowl must ensure that each cage floor area is—
(a)if the cage houses 1 fowl, at least 1000 square centimetres; and
(b)if the cage houses 2 fowl, at least 1350 square centimetres; and
(c)if the cage houses 3 or more fowl and each fowl weighs less than 2×4 kilograms, at least 550 square centimetres for each fowl; and
(d)if the cage houses 3 or more fowl and any of those fowl weighs 2×4 kilograms or more, at least 600 square centimetres for each fowl.
Penalty:5 penalty units.
9Minimum cage floor area for domestic fowl weighing 4·5 kilograms or more kept for egg production
(1)This regulation applies in relation to domestic fowl that—
(a)weigh 4·5 kilograms or more; and
(b)are kept for the purposes of egg production; and
(c)are housed in a cage.
(2)A person who is in charge of domestic fowl must ensure that—
(a)if the cage houses 1 fowl, the total weight of the fowl does not exceed 26 kilograms for each square metre of the cage floor area; and
(b)if the cage houses 2 fowl, the total weight of the fowl does not exceed 40 kilograms for each square metre of the cage floor area; and
(c)if the cage houses 3 or more fowl, the total weight of the fowl does not exceed 46 kilograms for each square metre of the cage floor area.
Penalty:5 penalty units.
10General requirements for domestic fowl kept for egg or meat production in non-cage housing system
(1)This regulation applies to a person who is in charge of domestic fowl that are—
(a)kept for the purposes of egg or meat production; and
(b)housed in a non-cage housing system.
(2)The person must ensure that there is sufficient access to the fowl to allow their health and wellbeing to be assessed.
Penalty:5 penalty units.
(3)The person must ensure that if the non-cage housing system contains more than one housing level or multi-level perches, all fowl are protected from excreta from fowl housed on any higher level within the non-cage housing system.
Penalty:5 penalty units.
(4)The person must ensure that the height of the non‑cage housing system is at least 45 centimetres.
Penalty:5 penalty units.
11Minimum useable floor area for domestic fowl kept for egg production in non-cage housing system
A person who is in charge of domestic fowl that are kept for the purposes of egg production and are housed in a non-cage housing system must ensure that the total weight of the fowl does not exceed 30 kilograms for each square metre of the useable floor area.
Penalty:5 penalty units.
12Minimum useable floor area for domestic fowl kept for meat production in non-cage housing system
(1)A person who is in charge of domestic fowl that are kept for the purposes of meat production and are housed in a non-cage housing system must ensure that—
(a)if the housing system uses an evaporative cooling system, the total weight of the domestic fowl does not exceed 40 kilograms for each square metre of the useable floor area; and
(b)if the housing system uses a water-based cooling system with stirring fans—
(i)the total weight of the domestic fowl does not exceed 40 kilograms for each square metre of the useable floor area during the period starting on 1 March and ending on 31 October in each year; and
(ii)the total weight of the domestic fowl does not exceed 36 kilograms for each square metre of the useable floor area during the period starting on 1 November and ending on 28 February or 29 February in a leap year (as applicable) each year;
and
(c)if the housing system does not have a mechanical cooling system, the total weight of the domestic fowl does not exceed 28 kilograms for each square metre of the useable floor area.
Penalty:5 penalty units.
(2)For the purposes of subregulation (1), the following areas of a non-cage housing system may be included when calculating the usable floor area—
(a)any slatted or metal mesh areas of flooring;
(b)any area of floor taken up by any feeding or watering equipment or any nest box.
13Range requirements for domestic fowl
(1)This regulation applies to a person who is in charge of domestic fowl that have access to a range.
(2)The person must ensure that the domestic fowl have access to shelter on the range that provides protection from adverse weather that is likely to cause heat or cold stress.
Penalty:5 penalty units.
(3)The person must ensure that reasonable steps are taken to reduce the risk of predation at the range.
Penalty:5 penalty units.
(4)The person must ensure that the domestic fowl have unrestricted access for a minimum of 8 hours each day through openings to the range, except at times when the person determines that it is in the best interest of the health and wellbeing of the domestic fowl for the fowl to be confined indoors.
Penalty:5 penalty units.
(5)The person must ensure that—
(a)each opening to the range is—
(i)at least 35 centimetres high; and
(ii)at least 40 centimetres wide; and
(b)the combined width of all of the openings to the range is at least 2 metres for each 1000 fowl.
Penalty:5 penalty units.
(6)The person must ensure that the openings to the range—
(a)enable the domestic fowl to move freely and safely to and from the range; and
(b)are designed to minimise the adverse effects of weather on—
(i)the domestic fowl; and
(ii)the quality of litter material.
Penalty:5 penalty units.
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Prevention of Cruelty to Animals (Domestic Fowl) Regulations 2016, S.R. No. 122/2016 were made on 4 October 2016 by the Governor in Council under section 42 of the Prevention of Cruelty to Animals Act 1986, No. 46/1986 and came into operation on 18 October 2016: regulation 3.
The Prevention of Cruelty to Animals (Domestic Fowl) Regulations 2016 will sunset 10 years after the day of making on 4 October 2026 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Prevention of Cruelty to Animals (Domestic Fowl) Regulations 2016 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
[1] Reg. 4: S.R. No. 143/2006.
——
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2016 is $155.46.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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