Prevention of Cruelty to Animals (No.2) (Traps and Codes) Variation Regulations 2005 (SA)

South Australia

Prevention of Cruelty to Animals (No.2) (Traps and Codes) Variation Regulations 2005

under the Prevention of Cruelty to Animals Act 1985

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Prevention of Cruelty to Animals Regulations (No. 2) 2000

1. Substitution of regulation 11

   11Use of steel jaw traps prohibited in certain circumstances

2. Variation of Schedule 2—Codes of practice

Part 1—Preliminary

1—Short title

These regulations may be cited as the Prevention of Cruelty to Animals (No.2) (Traps and Codes) Variation Regulations 2005.

2—Commencement

These regulations will come into operation on 1 July 2005.

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 Prevention of Cruelty to Animals Regulations (No. 2) 2000

4—Substitution of regulation 11

Regulation 11—delete regulation 11 and substitute:

11—Use of steel jaw traps prohibited in certain circumstances

(1)A person must not set a leg hold steel jaw trap unless—

(a)the trap is set for a wild or feral dog; and

(b)the trap is set on land that is not within the area of a municipal council; and

(c)the trap is set more than 100 metres outside the portion of the State bounded by the dog fence established under the Dog Fence Act 1946, the eastern border of the State and the coast of the State; and

(d)the jaws of the trap are bound with a cloth steeped in sufficient strychnine to ensure a rapid death for any animal caught in the trap.

Maximum penalty: $1 250.

(2)A person must not set a body grip trap unless—

(a)the trap is set on land that is not within the area of a municipal council; and

(b)the trap is set for a rabbit or rat; and

(c)the trap is set in a natural or artificial tunnel or burrow for a rabbit or rat; and

(d)the external frame of the trap does not exceed 14 centimetres by 14 centimetres.

Maximum penalty: $1 250.

Note—

Subregulation (2)(d) allows traps known as #110 to be used.

(3)This regulation does not apply to—

(a)the setting of a body grip trap to control vermin or exotic animals in a reserve within the meaning of the National Parks and Wildlife Act 1972; or

(b)the setting of a body grip trap with a single steel jaw for a mouse or rat; or

(c)the setting of a trap for the purposes of carrying out research as part of a research program approved by an animal ethics committee if the jaws of the trap are sufficiently padded, or the trap has been otherwise modified, so that any animal caught in the trap is unlikely to suffer significant injury.

5—Variation of Schedule 2—Codes of practice

Schedule 2—after item 20 insert:

Person who must ensure compliance with Code of Practice	Code of Practice
21	A person who has the care, control or management of farmed buffalo	Model Code of Practice for the Welfare of Animals, Farmed Buffalo, Agriculture and Resource Management Standing Committee (1995), as amended from time to time.
22	A person who has the care, control or management of cattle preparatory to or during transport by land	Model Code of Practice for the Welfare of Animals, Land transport of Cattle, Agriculture and Resource Management Standing Committee (2000), as amended from time to time.
23	A person who has the care, control or management of farmed emus	Model Code of Practice for the Welfare of Animals, Husbandry of Captive Bred Emus, Agriculture and Resource Management Standing Committee (1999), as amended from time to time.
24	A person who has the care, control or management of farmed ostriches	Model Code of Practice for the Welfare of Animals, Farming of Ostriches, Primary Industries Standing Committee (2003), as amended from time to time.
25	A person who conducts a rodeo or a person who carries on a business consisting of or involving rodeos	Standards for the Care and Treatment of Rodeo Livestock, National Consultative Committee on Animal Welfare Standards (2004), as amended from time to time.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor's Deputy

with the advice and consent of the Executive Council

on 23 June 2005

No 145 of 2005

ECO5/0010CS