Prevention of Cruelty to Animals Regulation 2012 - Prevention of Cruelty to Animals (Land Transport of Livestock) Standards 2013 No 2 (2013-559) (NSW)
Prevention of Cruelty to Animals (Land Transport of
Livestock) Standards 2013 No 2
under the
Prevention of Cruelty to Animals Regulation 2012
The following Standards are approved by the Minister for Primary Industries as
relevant Standards for the purposes of Part 4 of the Prevention of Cruelty to Animals
Regulation 2012.
Explanatory note
The object of these Standards is to prescribe legally enforceable requirements which apply to the conduct of a business involved in the process of transporting livestock.
These Standards deal with the following:
| (a) | general standards for the land transport of livestock (Part 2), |
| (b) | specific requirements for the land transport of alpacas (Part 3), |
| (c) | specific requirements for the land transport of buffalo (Part 4), |
| (d) | specific requirements for the land transport of camels (Part 5), |
| (e) | specific requirements for the land transport of cattle (Part 6), |
| (f) | specific requirements for the land transport of deer (Part 7), |
| (g) | specific requirements for the land transport of emus and ostriches (Part 8), |
| (h) | specific requirements for the land transport of goats (Part 9), |
(i) specific requirements for the land transport of horses (Part 10),
| (j) | specific requirements for the land transport of pigs (Part 11), |
| (k) | specific requirements for the land transport of poultry (Part 12), |
| (l) | specific requirements for the land transport of sheep (Part 13), |
| (m) | other miscellaneous matters (Part 1). |
Clause 26 of the Prevention of Cruelty to Animals Regulation 2012 (“the Regulation”) includes a requirement that the following persons must comply with the provisions of these Standards:
| • | the proprietor of a business involved in the process of transporting livestock, |
| • | each person concerned in the management of a business involved in the process of transporting livestock, |
| • | any person employed by or working in a business involved in the process of transporting livestock. |
Prevention of Cruelty to Animals Act 1979.
Failure to comply with a provision of these Standards is an offence under clause 26 of the result in a prosecution for an offence against the
Compliance with these Standards does not remove the need to comply with other requirements of the Prevention of Cruelty to Animals Act 1979 and the Regulation, or the requirements under any other legislation such as the Rural Lands Protection Act 1998, the Local Government Act 1993 and the Impounding Act 1993.
These Standards are made for the purposes of the Prevention of Cruelty to Animals Act 1979,
including the definition of animal trade in section 4(1) and Part 4 of, and Schedule 1 to, the
Regulation.
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CONTENTS
| Part 1 | Preliminary |
1 Name of Standards
2 Commencement
3 Application of these Standards
4 Interpretation
5 Meaning of ‘person in charge’
6 Meaning of ‘competent person’
7 Meaning of ‘fit for the intended journey’ or ‘fit for the remainder of the intended journey’
8 Meaning and calculation of ‘time off water’
| Part 2 | General standards for the land transport of livestock |
| Division 1 | Responsibilities and planning |
9 Responsibility for welfare of livestock
10 Records requirements for journeys exceeding 24 hours
| Division 2 | Competency |
11 Competency to deal with livestock
| Division 3 | Transport vehicles and facilities |
12 Transport vehicles and facilities for livestock
| Division 4 | Fitness of livestock for transport |
13 Selection of livestock for transport
14 Fitness of loaded livestock
15 Livestock not fit for transport
| Division 5 | Loading, transporting and unloading livestock |
16 Loading density of livestock
17 Segregation of livestock during transport
18 Handling of livestock during loading, transporting and unloading
19 Use of equipment during loading, transporting and unloading
20 Inspection of livestock during transport
21 Protection of livestock against extreme weather
22 Treatment of livestock at destination
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| Division 6 | Maximum time off water general requirements |
23 Interpretation
24 General management of time off water
25 Access to water at livestock-handling facility
| Division 7 | Humane destruction of livestock |
26 Meaning of ‘direct supervision’
27 When livestock must be humanely destroyed
28 Carrying out humane destruction
29 Specific requirements for certain methods of humane destruction
| Part 3 | Specific requirements for the land transport of alpacas |
30 Interpretation
31 Spelling requirements for alpacas
32 Extension of maximum journey time for alpacas
33 Transportation of young or recently shorn alpacas
34 Use of dogs to move alpacas prohibited
| Part 4 | Specific requirements for the land transport of buffalo |
35 Interpretation
36 Spelling requirements for buffalo
37 Use of dogs to move buffalo prohibited
38 Treatment of heat stressed buffalo
| Part 5 | Specific requirements for the land transport of camels |
39 Interpretation
40 Spelling requirements for camels
41 Extension of maximum journey time for camels
42 Crates used for transporting camels
43 Use of dogs to move camels prohibited
44 Segregation of male camels during transport
| Part 6 | Specific requirements for the land transport of cattle |
45 Interpretation
46 Spelling requirements for cattle
47 Transportation of bobby calves less than 5 days old to calf-rearing facilities
48 Transportation of bobby calves between 5 and 30 days old
49 Fitness of pre full-term bobby calves for transport
50 Use of dogs to move bobby calves prohibited
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| Part 7 | Specific requirements for the land transport of deer |
51 Interpretation
52 Spelling requirements for deer
53 Transportation of deer with antlers
| Part 8 | Specific requirements for the land transport of emus and ostriches |
54 Interpretation
55 Spelling requirements for emus and ostriches
56 Transportation of emus or ostriches less than 5 days old
57 Feeding requirements for emus or ostriches more than 5 days old before assembly
58 Feeding requirements for emus or ostriches between 5 and 90 days old during journey
59 Requirements for emus or ostriches between 5 and 90 days old in containers
60 Transportation of emus or ostriches in containers
61 Tying together legs of emus or ostriches prohibited
62 Treatment of emus or ostriches less than 5 days old after journey
| Part 9 | Specific requirements for the land transport of goats |
63 Interpretation
64 Spelling requirements for goats
| Part 10 | Specific requirements for the land transport of horses |
65 Interpretation
66 Spelling requirements for horses
67 Extension of maximum journey time for horses
68 Transportation of foals with their mothers
69 Transportation of lame horses
70 Specific requirements for vehicles used to transport horses
71 Transportation of unbroken stallions
72 Use of dogs to move horses prohibited
| Part 11 | Specific requirements for the land transport of pigs |
73 Interpretation
74 Spelling requirements for pigs
75 Extension of maximum journey time for pigs
| Part 12 | Specific requirements for the land transport of poultry |
76 Interpretation
77 Spelling requirements for poultry
78 Feed requirements for poultry prior to assembly
79 Feed requirements for poultry held in containers
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80 Transportation of poultry in containers
81 Lifting of poultry during transport
82 Tying legs of poultry together prohibited
83 Transportation of poultry less than 5 days old
84 Treatment of poultry less than 5 days old after journey
| Part 13 | Specific requirements for the land transport of sheep |
85 Interpretation
86 Spelling requirements for sheep
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Prevention of Cruelty to Animals (Land Transport of
Livestock) Standards 2013 No 2
under the
Prevention of Cruelty to Animals Regulation 2012
| Part 1 | Preliminary |
1 Name of Standards
These Standards are the Prevention of Cruelty to Animals (Land Transport of
Livestock) Standards 2013 No 2.Note: These Standards are referred to in Column 2 of Schedule 1 to the Prevention of Cruelty to Animals Regulation 2012. Clause 26(5) of that Regulation provides that these Standards are the relevant Standards, for the purposes of clause 26 of that
Regulation, for a business specified in Column 1 of Schedule 1, being a business involved in the process of transporting livestock.
2 Commencement
| (1) | These Standards commence on the same day as the Prevention of Cruelty to Animals Amendment (Livestock Transport Standards) Regulation 2013. |
| (2) | These Standards replace the Prevention of Cruelty to Animals (Land Transport of Livestock) Standards 2013 No 1. |
| 3 | Application of these Standards |
| These Standards apply to a business involved in the livestock transport process. | |
| 4 | Interpretation |
| (1) | Definitions |
| In these Standards: | |
| access to feed means a reasonable opportunity for livestock to eat feed of a suitable quality and quantity to maintain condition. | |
| access to water means a reasonable opportunity for livestock to drink water of a suitable quality and quantity to maintain hydration. | |
| airflow means natural or mechanically induced air movement sufficient to provide oxygen and remove excessive heat load and noxious gases. | |
| alpaca means an animal of the species Vicugna pacos. |
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animal - see clause 4(2) of these Standards.
assemble in relation to livestock, means the process of bringing livestock
together in a place such as a yard, shed, or container before loading and
includes mustering, capture, handling, restraining and any procedure used toprepare livestock for loading and transport.
bird means an emu, ostrich or poultry.
buffalo means an animal of the species Bubalus bubalis and includes buffalo
cattle crosses.
camel means an animal of the species Camelus dromedarius.
cattle means an animal of the genus Bos.
class, in relation to livestock, means a group of a livestock species defined by
characteristics such as age, size or other physiological criteria.
competent person – see clause 6 of these Standards.
container means a box or cage used for transporting birds.
crate means any structure on or attached to a vehicle used for transporting
livestock and includes a trailer.
deer means an animal of any of the following species and any crosses of those
species:
(a) Cervus timorensis (having the common name rusa or sambar), (b) Dama dama (having the common name fallow), (c) Cervus elaphus (having the common name red), and (d) Cervus canadensis (having the common name elk). depot means a facility or yard where livestock are rested between journeys or a
holding facility where livestock are delivered from farms for assembly beforea journey.
driver rest stop means a period when a vehicle stops for the purpose of the
driver having a rest and the livestock remain on the vehicle without access towater or access to feed.
emu means an animal of the species Dromaius novaehollandiae.
fit for the intended journey or fit for the remainder of the intended journey –
see clause 7 of these Standards.
goat means an animal of the genus Capra.
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horse means an animal of the species Equus caballus and Equus asinus and
any crosses of those species.
humane destruction means killing an animal in a manner which causes rapid
unconsciousness and then death of the animal while it is unconscious.
inspect in relation to livestock, means a visual appraisal of the health of an
animal.
journey means the loading, transporting and unloading of livestock.
journey time means the period of time commencing when the loading of
livestock for a journey starts and finishing when livestock have been unloaded.
lairage means a holding yard or holding facility at an abattoir.
lift, in relation to livestock, means to raise the entire body weight of an animal
off the ground.
livestock means alpacas, buffalo, camels, cattle, deer, emus, goats, horses,
ostriches, pigs, poultry or sheep.
livestock-handling facility means a yard, raceway, ramp, crush, building or
enclosure used for the purpose of holding livestock to be loaded or after
livestock have been unloaded and includes a saleyard, depot, lairage and
portable facilities, but does not include a paddock or laneway withconventional wire fencing.
livestock-processing plant means an abattoir or premises used for the
slaughter of livestock and the production of meat or meat products.
load means to move livestock onto a vehicle for the purpose of transport and
includes picking up birds in containers and vehicle-to-vehicle transfer oflivestock.
nature of the intended journey includes the duration, distance, route, road
conditions, terrain, traffic, prevailing weather and any other factors that couldaffect a journey for livestock.
ostrich means an animal of the species Struthio camelus.
owner means a person who owns livestock.Note: In section 21(1) of the Interpretation Act 1987, person is defined so as to include an individual, a corporation and a body corporate or politic.
person in charge – see clause 5 of these Standards.
pig means an animal of the genus Sus.poultry means an animal of any of the following species:
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(a) Gallus gallus domesticus (commonly known as domestic chickens), (b) Meleagris gallopavo (commonly known as turkeys), (c) Anser anser (commonly known as geese), (d) Anas spp. and Cairina moschata (commonly known as ducks), (e) Numida meleagris (commonly known as guinea fowl), (f) Coturnix japonica (commonly known as quails), (g) Columba livia (commonly known as pigeons), and (h)
Syrmaticus spp., Lophura spp., Phasianus spp., Chrysolophus spp. and Lophophorus spp. (commonly known as pheasants and partridges).
record, in relation to the transport of livestock, means a document (including
an electronic record) that is accessible and capable of accompanying livestockand includes:
(a) a consignment sheet, health certificate, national vendor declaration or equivalent document, an invoice, a waybill, a diary entry, or (b) any other record that shows the person in charge of livestock during the transport process, including at any livestock-handling facility. Note: In section 21(1) of the Interpretation Act 1987, document is defined to include not only paper but also computer or other electronic records.
risk to the welfare, in relation to livestock, means the potential for a factor to
affect the welfare of livestock in a way that causes pain, injury or distress tothe livestock.
saleyard means any premises used or established for use wholly or partly for
the sale of livestock.
sheep means an animal of the genus Ovis.
spell means a period of time when livestock are unloaded and each animal is
provided with access to water, access to feed and space to lie down. The
period of the spell commences when all livestock are unloaded and ends whenthe livestock are assembled for reloading.
the Act means the Prevention of Cruelty to Animals Act 1979.
the Regulation means the Prevention of Cruelty to Animals Regulation 2012.
time off water– see clause 8 of these Standards.
transport, in relation to livestock, means to carry or convey on a vehicle by
road, rail or by vehicle aboard a ship.
transport process means all stages involved in moving livestock from one
place to another and includes assembling, selecting livestock to be transported,
holding livestock prior to loading, loading, transporting, unloading andhandling livestock at a destination.
unload means to move livestock that have been transported off a vehicle at the
end of a journey.
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vehicle means any conveyance used for transporting livestock and includes a
prime mover, a trailer, a rigid body truck, wagon and train.
veterinary practitioner has the same meaning as in the Veterinary Practice Act
2003.
| (2) | In these Standards, animal is used to refer to an individual animal of a species referred to in the definition of livestock. | |||||||
| (3) | Notes in these Standards do not form part of these Standards. | |||||||
| 5 | Meaning of ‘person in charge’ | |||||||
| In these Standards, person in charge, in relation to livestock, includes: | ||||||||
|
(i) the proprietor of the business, and each person concerned in the management of the business, that owns or uses the vehicle or manages or controls the use of the vehicle, and
(ii) the driver of the vehicle,
(e) where the livestock are confined in a livestock-handling facility:
(i)
the proprietor of the business, and each person concerned in the management of the business, that owns, uses or manages or controls the livestock-handling facility, and
(ii)
a person who is handling the livestock and is employed by or working for the business that owns, uses or manages or controls the livestock-handling facility.
(f)
where livestock are confined on a roll-on/roll-off livestock transport vehicle on a marine vessel on a sea journey:
(i)
the proprietor of the business, and each person concerned in the management of the business, that owns or uses the marine vessel manages or controls the use of the marine vessel, and
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(ii) a person who is handling the livestock and is employed by or working for the business that owns, uses or manages or controls the use of the marine vessel, and
(g) where the livestock have been unloaded at a destination or the completion of a journey including at a property, feedlot, saleyard, depot or livestock-processing plant:
(i) the proprietor of the business, and each person concerned in the management of the business, that owns, uses or manages or controls the premises where the livestock have been received, and (ii) a person who is handling the livestock and is employed by or working for the business that owns, uses or manages or controls the premises where the livestock have been received. 6 Meaning of ‘competent person’
For the purposes of these Standards, a person is a competent person if the person, when performing any of the following tasks in connection with the transport of livestock, has the knowledge, skills and experience to perform that
task in a manner that does not compromise the welfare of the livestock:
(a) moving and handling livestock, (b) inspecting and assessing the health and well-being of livestock, (c) maintaining records of inspections and assessments of livestock, (d) planning and contingency procedures, and (e) humane destruction of livestock. 7 Meaning of ‘fit for the intended journey’ or ‘fit for the remainder of the intended journey’
For the purposes of these Standards, an animal is considered to be not fit for the intended journey or not fit for the remainder of the intended journey if the animal has or exhibits any one or more of the following conditions:
(a) the animal is not able to walk on its own by bearing weight on all legs, (b) the animal is severely emaciated, (c) the animal is visibly dehydrated, (d) the animal is showing visible signs of severe injury or distress,
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(e)
the animal has any condition that is likely to cause increased pain or distress during a journey,
(f) the animal is blind in both eyes, (g)
the animal is known or visually assessed to be more than the number of weeks pregnant specified in Column 2 of the Table for the species specified opposite in Column 1 of the Table, unless the time off water and the journey time is less than 4 hours and the animal is being transported directly to the animal’s final destination:
Table
Column 1 Column 2 Species Number of weeks
Alpacas 43 Buffalo 43 Camels 53 Cattle 37 Deer 30 Goats 19 Horses 43 Pigs 14 Sheep 19
8 Meaning and calculation of time off water
(1) In these Standards, time off water means the total time period livestock are not provided with access to water during the transport process and is calculated in accordance with this clause.
| (2) | The total time period referred to in subclause (1) is the sum of the following time periods (the transport process time): | |||||||||||
|
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less any period of time during the transport process time when the livestock
are provided with access to water for a period of 4 hours or more, but less than24 hours.
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Part 2 General standards for the land transport of livestock
| Division 1 | Responsibilities and planning |
9 Responsibility for welfare of livestock
A person in charge of livestock at any time during the transport process must ensure the welfare of livestock.
10 Records requirements for journeys exceeding 24 hours
| (1) | If a person in charge of livestock during a journey reasonably expects the journey time to exceed 24 hours, the person in charge must possess records in relation to the livestock being transported that specify: | |||||
| ||||||
| (2) | If a journey time exceeds 24 hours and the person in charge of livestock during that journey is transferring responsibility for the livestock to another person, the person in charge must update the information specified in subclause (1) and provide the updated records to the person who is receiving the livestock. | |||||
| Division 2 | Competency |
11 Competency to deal with livestock
A person carrying out any of the following tasks in connection with livestock at any time during the transport process must be a competent person in the task being carried out or must be supervised by a competent person in that task:
(a) moving and handling livestock, (b) selecting livestock for transport, (c) loading, (d) transporting livestock, (e) unloading, (f) handling livestock immediately after they have been unloaded.
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| Division 3 | Transport vehicles and facilities |
12 Transport vehicles and facilities for livestock
(1) A person who provides or uses:
| ||||||||||
| must ensure the vehicle or livestock-handling facility is constructed, maintained and operated in a way that minimises risk to the welfare of the livestock. | ||||||||||
| (2) | A person who provides or uses a vehicle or livestock-handling facility referred to in subclause (1) must ensure the vehicle or livestock-handling facility satisfies each of the following requirements: | |||||||||
| ||||||||||
| Note: | Clause 38 of the Prevention of Cruelty to Animals Regulation 2012 provides, in |
respect of cattle, horses, sheep, goats, pigs and deer, that it is an offence to carry or convey
such animals in a cage or vehicle unless the cage or vehicle is of a height that allows the
animal to stand upright without any part of the animal coming into contact with the roof, ceiling
or cover of the cage or vehicle. That offence has a maximum penalty of 25 penalty units.
| Division 4 | Fitness of livestock for transport |
13 Selection of livestock for transport
A person in charge of livestock that have been assembled for transport:
(a) must assess whether each animal is fit for the intended journey, and (b)
must not supply an animal for transport that is assessed to be not fit for the intended journey except in accordance with advice from a veterinary practitioner.
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14 Fitness of loaded livestock
A person in charge of livestock that are to be loaded or are being loaded:
(a) must assess whether each animal is fit for the intended journey, and (b) must not load an animal that is assessed to be not fit for the intended journey except in accordance with advice from a veterinary practitioner. 15 Livestock not fit for transport
If an animal has been assessed to be not fit for the intended journey and has
not been loaded, a person in charge of the animal must make appropriate
arrangements for the care, treatment or humane destruction of the animal at the
first reasonable opportunity.
| Division 5 | Loading, transporting and unloading livestock |
16 Loading density of livestock
| (1) | A person in charge of livestock (other than birds being loaded in a container) being loaded on a vehicle (other than the driver of a train) must: | |||||||
| ||||||||
| (2) | A person in charge of birds being loaded in a container must: | |||||||
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| (3) | In assessing and managing loading density for the purposes of subclauses (1) and (2), the person in charge must have regard to each of the following factors: | |||||||
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(e) the predicted climatic conditions for the intended journey, (f) the nature of the intended journey, and (g) the design and capacity of the vehicle.
| (4) | In this clause: | |||||||
| loading density means the amount of space provided for each animal in a crate or container or the number of animals per area in a crate or container. | ||||||||
| 17 | Segregation of livestock during transport | |||||||
| (1) | A person in charge of livestock on a vehicle must ensure the livestock are segregated by sufficient internal partitions to minimise the risk to the welfare of the livestock on the vehicle. | |||||||
| (2) | In determining how livestock are to be segregated for the purposes of subclause (1), the person in charge must have regard to each of the following factors: | |||||||
| ||||||||
| 18 | Handling of livestock during loading, transporting and unloading | |||||||
| (1) | A person in charge of livestock during loading, transporting or unloading must handle livestock as follows: | |||||||
| ||||||||
| (2) | Without limiting subclause (1), a person in charge of livestock during loading, transporting or unloading must not handle an animal in any of the following ways: | |||||||
|
(i) a poultry animal,
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(ii) a sheep that is less than 15 kilograms live weight,
(iii) a goat that is less than 15 kilograms live weight, or
(iv) a pig that is less than 15 kilograms live weight,
(c) lift an animal (excluding birds in a container) by mechanical means unless the animal is supported or secured as necessary, (d) throw or drop an animal, (e) punch or kick an animal or strike an animal in an unreasonable manner, (f) drag an animal that is unable to stand except in an emergency to allow safe handling, lifting, treatment or humane destruction of the animal, (g) use an electric prodder in any of the following ways:
(i) on the genital, anal or facial areas of an animal, (ii) on an animal less than 3 months old, (iii) on an animal that is unable to move away, (iv) excessively on an animal. Note: Section 16(2) of the Prevention of Cruelty to Animals Act 1979 and clause 35
Prevention of Cruelty to Animals Regulation 2012
that it is an offence to use an electric stock prod upon an animal unless it is used for
the limited purposes or in the limited circumstances, and on the species, specified in
of, and Schedule 3 to, the provides the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
| (3) | If a dog is used to handle or move livestock during loading, transporting or unloading, a person in charge of the livestock must: | |||||
| ||||||
| (4) | In subclause (3), under control, in relation to a dog, means that the dog is fully responsive to the commands of a person at all times while handling or moving livestock. |
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Note: More specific requirements in relation to the use of a dog to move livestock may be specified in Parts 3 to 13.
19 Use of equipment during loading, transporting and unloading
| (1) | When livestock are being loaded or unloaded, a person in charge of the livestock must ensure that: | |||||||
| ||||||||
| (2) | A person in charge of livestock on a vehicle (other than the driver of a train) must: | |||||||
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| 20 | Inspection of livestock during transport | |||||||
| (1) | A person in charge of livestock on a vehicle (other than the driver of a train) must inspect the livestock at each of the following times: | |||||||
| ||||||||
| (2) | The inspection requirements in subclauses (1)(b) and (c) do not apply: | |||||||
|
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(b) if the livestock are on a roll-on/roll-off vehicle during a sea journey.
| (3) | If a distressed or injured animal is identified by a person in charge during an inspection carried out in accordance with subclause (1), the person in charge must: | |||
| ||||
| 21 | Protection of livestock against extreme weather | |||
| A person in charge of livestock at any time during the transport process must take reasonable steps to minimise the impact of extreme weather conditions on the livestock. | ||||
| 22 | Treatment of livestock at destination | |||
| A person in charge of livestock after the livestock have been unloaded at a destination must make appropriate arrangements at the first reasonable opportunity for the separation of weak, ill or injured livestock for rest and recovery, treatment, or humane destruction and for the disposal of dead livestock. | ||||
| Division 6 | Maximum time off water general requirements |
23 Interpretation
In this Division:
maximum time off water means, for the class of livestock specified in
Column 1 of a Table in Parts 3 to 13, the period of time specified opposite in
Column 3 of a Table in Parts 3 to 13.24 General management of time off water
A person in charge of livestock at any time during the transport process must manage time off water so as to minimise risk to the welfare of the livestock having regard to each of the following factors:
(a)
the increased risk to the welfare of the livestock of a journey for which the journey time is close to the maximum time off water,
(b)
the assessment of the person in charge as to whether an animal is fit for the remainder of the intended journey,
(c) the predicted climatic conditions, especially heat or cold,
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(d)
the class of livestock, in particular if an animal is weak, pregnant, has recently given birth, is lactating or is immature, and
(e) the nature of the intended journey. 25 Access to water at livestock-handling facility
If a person in charge of livestock in a livestock-handling facility being used for livestock after a journey, has not been provided with records that indicate the last time the livestock had access to water or if it is not reasonably possible for that person to estimate the journey time for the livestock, the person in charge must:
(a) provide the livestock with access to water within the lesser of: (i) the maximum time off water from when the livestock arrived at the livestock-handling facility, or
(ii) within 24 hours of the livestock arriving at the livestock- handling facility, and
(b) provide the livestock with a spell before the livestock commence another transport process.
Note: Specific requirements for action to be taken when maximum time off water is reached
during the transport of certain classes of alpacas, buffalo, camels, cattle, deer, emus and
ostriches, goats, horses, pigs, poultry and sheep are set out in Parts 3 to 13.
| Division 7 | Humane destruction of livestock |
26 Meaning of ‘direct supervision’
For the purposes of this Division, a person (“the supervised person”) is acting under the direct supervision of a competent person if the competent person:
(a)
provides instructions and guidance to the supervised person in relation to the subject activity,
(b)
oversees the performance of the subject activity by the supervised person,
(c)
is on the same premises as the supervised person while the subject activity is being undertaken, and
(d)
is able to immediately render assistance to the supervised person, if required, at any time during which the subject activity is being undertaken.
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27 When livestock must be humanely destroyed
| (1) | If at any time during the transport process an animal becomes moribund, a person in charge of the animal must ensure the animal is humanely destroyed at the first reasonable opportunity. |
| (2) | For the purposes of this clause, an animal is moribund when it is unable to stand, exhibits signs of distress or insensibility and appears to have little chance of regaining the capacity to stand and walk unassisted after reasonable attempts have been made to assist it. |
Note: See clause 29 of these Standards for specific requirements for certain methods of humane destruction.
28 Carrying out humane destruction
| (1) | If an animal is required to be humanely destroyed in accordance with these Standards a person in charge of the animal must ensure the animal is humanely destroyed by: | |||||
| ||||||
| (2) | If a competent person is not immediately available to humanely destroy an animal or to directly supervise the humane destruction of an animal, a person in charge of the animal must contact a competent person and arrange for the competent person to carry out the humane destruction of the animal at the first reasonable opportunity. | |||||
| (3) | Subclauses (1) and (2) do not apply if, in urgent circumstances: | |||||
| ||||||
| (4) | If action has been taken to humanely destroy an animal in accordance with these Standards, a person in charge of the animal must take reasonable steps to ensure the animal is dead. | |||||
| 29 | Specific requirements for certain methods of humane destruction | |||||
| (1) | If an animal is required to be humanely destroyed in accordance with these Standards, the following requirements must be met: |
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(a)
the method of blunt trauma alone must only be used on the following species and in the following circumstances:
(i) pigs up to 15 kg live weight, or (ii)
alpacas, camels, cattle, deer, goats and sheep - if less than 24 hours old,
(b)
the method of bleeding – out alone must only be used on the following species and in the following circumstances:
(i) deer, goats and sheep, and (ii)
only in situations where there is no firearm or captive bolt available.
| (2) | In this clause: |
| blunt trauma means a single blow to the head of the animal, causing rapid loss of consciousness. | |
| bleeding – out means cutting the major blood vessels in the neck of the animal, causing loss of blood. |
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| Part 3 | Specific requirements for the land transport of alpacas |
Note: The general standards for the land transport of livestock set out in Part 2 of these
Standards also apply to the land transport of alpacas.
30 Interpretation
(1) In this Part:
maximum journey time for the class of alpacas described in Column 1 of the
Table, is the period of time specified opposite in Column 2 of the Table.minimum spell period for the class of alpacas described in Column 1 of the
Table, is the period of time specified opposite in Column 4 of the Table.Table means the Table to clause 31.
(2) In this Part and for the purposes of Division 6 of Part 2, the maximum time off water for the class of alpacas described in Column 1 of the Table, is the period of time specified opposite in Column 3 of the Table.
31 Spelling requirements for alpacas
A person in charge of alpacas of the class described in Column 1 of the Table must provide the alpacas with a spell for at least the minimum spell period, at the earlier of:
(a) the end of any transport process; or (b)
when the maximum journey time or the maximum time off water is reached,
before another transport process can commence. Table
Column 1 Column 2 Column 3 Column 4 Class Maximum Maximum Minimum
journey time time off water spell period
(hours) (hours) (hours)
Alpacas known or visually assessed to be 4 4 12 more than 43 weeks pregnant Alpacas known or visually assessed to be 8 8 12 between 33 and 43 weeks pregnant Alpacas known or visually assessed to be 8 8 8 less than 33 weeks pregnant Lactating alpacas with alpacas less than 4 4 12 6 months old Alpacas less than 6 months old 4 4 12 Alpacas between 6 and 12 months old 8 8 12 Alpacas not in any of the above classes 24 24 12
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32 Extension of maximum journey time for alpacas
A person in charge of alpacas during a journey may allow the maximum journey time to extend up to 72 hours if each of the following conditions is satisfied:
(a)
the alpacas must not be known or visually assessed to be more than 43 weeks pregnant,
(b)
access to water and access to feed must be available to the alpacas on the vehicle at all times,
(c)
each alpaca must have sufficient space to sit down or lie on its sternum, and
(d) the alpacas must have a spell for at least 24 hours before another transport process can commence.
33 Transportation of young or recently shorn alpacas
| (1) | A person in charge of alpacas to be transported must not transport alpacas less than 12 months old or recently shorn alpacas except: | |||
| ||||
| (2) | In this clause: | |||
| recently shorn alpaca means an alpaca that has been shorn in the previous 10 days. | ||||
| 34 | Use of dogs to move alpacas prohibited | |||
| A person in charge of alpacas at any time during the transport process must not use a dog to move an alpaca. |
Note: Section 16(2) of the Prevention of Cruelty to Animals Act 1979 has the effect that it is an offence to use an electric prodder upon an alpaca. That offence has a maximum penalty of 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6
months, or both, in the case of an individual.
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| Part 4 | Specific requirements for the land transport of buffalo |
Note: The general standards for the land transport of livestock set out in Part 2 of these
Standards also apply to the land transport of buffalo.
35 Interpretation
(1) In this Part:
maximum journey time for the class of buffalo described in Column 1 of the
Table, is the period of time specified opposite in Column 2 of the Table.minimum spell period for the class of buffalo described in Column 1 of the
Table, is the period of time specified opposite in Column 4 of the Table.Table means the Table to clause 36.
| (2) | In this Part and for the purposes of Division 6 of Part 2, the maximum time off water, for the class of buffalo described in Column 1 of the Table, is the period of time specified opposite in Column 3 of the Table. | |||
| 36 | Spelling requirements for buffalo | |||
| A person in charge of buffalo of the class described in Column 1 of the Table must provide the buffalo with a spell for at least the minimum spell period, at the earlier of: | ||||
| ||||
| before another transport process can commence. | ||||
| Table |
Column 1 Column 2 Column 3 Column 4 Class Maximum Maximum Minimum
journey time time off water spell period
(hours) (hours) (hours)
Buffalo known or visually assessed to be 4 4 24 more than 43 weeks pregnant Buffalo known or visually assessed to be 24 24 12 between 28 and 43 weeks pregnant Lactating buffalo with unweaned buffalo 24 24 12 less than 6 months old Buffalo less than 6 months old 24 24 12 Buffalo not in any of the above classes 36 36 24
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37 Use of dogs to move buffalo prohibited
A person in charge of buffalo at any time during the transport process must not use a dog to move a buffalo.
38 Treatment of heat stressed buffalo
A person in charge of buffalo must ensure that buffalo suffering heat stress at any time during the transport process are cooled by water spray at the first reasonable opportunity.
Note: Section 16(2) of the Prevention of Cruelty to Animals Act 1979 has the effect that it is an offence to use an electric prodder upon a buffalo. That offence has a maximum penalty of 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6
months, or both, in the case of an individual.
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| Part 5 | Specific requirements for the land transport of camels |
Note: The general standards for the land transport of livestock set out in Part 2 of these
Standards also apply to the land transport of camels.
39 Interpretation
(1) In this Part:
maximum journey time for the class of camels described in Column 1 of the
Table, is the period of time specified opposite in Column 2 of the Table.minimum spell period for the class of camels described in Column 1 of the
Table, is the period of time specified opposite in Column 4 of the Table.Table means the Table to clause 40.
(2) In this Part and for the purposes of Division 6 of Part 2, the maximum time off water, for the class of camels described in Column 1 of the Table, is the period of time specified opposite in Column 3 of the Table.
40 Spelling requirements for camels
A person in charge of camels of the class described in Column 1 of the Table must provide the camels with a spell for at least the minimum spell period, at the earlier of:
(a) the end of any transport process; or (b)
when the maximum journey time or the maximum time off water is reached,
before another transport process can commence. Table
Column 1 Column 2 Column 3 Column 4 Class Maximum Maximum Minimum
journey time time off water spell period
(hours) (hours) (hours)
Camels known or visually assessed to be 4 4 36 more than 53 weeks pregnant Camels known or visually assessed to be 24 24 12 between 36 and 53 weeks pregnant Lactating camels with unweaned camels 24 24 12 less than 6 months old Camels less than 6 months old 24 24 12 Camels not in any of the above classes 48 48 36
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41 Extension of maximum journey time for camels
A person in charge of camels during a journey may allow the maximum journey time to extend up to 72 hours if each of the following conditions is satisfied:
(a) the camels must be more than 6 months old, (b) the camels must not be known or visually assessed to be more than 53 weeks pregnant, (c) the camels must be provided with access to water and access to feed on the vehicle at least every 24 hours, (d) each camel must have sufficient space to lie down on its sternum, and (e) the camels must have a spell for at least 24 hours before another transport process can commence. 42 Crates used for transporting camels
A person in charge of camels being transported in a crate must ensure that when camels are standing at rest there is a minimum of 100 millimetres clearance between the top of the hump of the camel and the crate.
43 Use of dogs to move camels prohibited
A person in charge of camels at any time during the transport process must not use a dog to move a camel.
44 Segregation of male camels during transport
A person in charge of camels to be transported must ensure that male camels in rut are segregated during transport.
Note: Section 16(2) of the Prevention of Cruelty to Animals Act 1979 has the effect that it is
an offence to use an electric prodder upon a camel. That offence has a maximum penalty of
250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6
months, or both, in the case of an individual.
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| Part 6 | Specific requirements for the land transport of cattle |
Note: The general standards for the land transport of livestock set out in Part 2 of these
Standards also apply to the land transport of cattle.
45 Interpretation
| (1) | In this Part: bobby calf means a calf not accompanied by its mother that is: | |||
| ||||
| calf means cattle less than 6 months old other than a bobby calf. | ||||
| maximum journey time for the class of cattle described in Column 1 of the Table, is the period of time specified opposite in Column 2 of the Table. | ||||
| minimum spell period for the class of cattle described in Column 1 of the Table, is the period of time specified opposite in Column 4 of the Table. | ||||
| Table means the Table to clause 46. | ||||
| (2) | In this Part and for the purposes of Division 6 of Part 2, the maximum time off water, for the class of cattle described in Column 1 of the Table, is the period of time specified opposite in Column 3 of the Table. | |||
| 46 | Spelling requirements for cattle | |||
| A person in charge of cattle of the class described in Column 1 of the Table must provide the cattle with a spell for at least the minimum spell period, at the earlier of: | ||||
| ||||
| before another transport process can commence. |
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Table
Column 1 Column 2 Column 3 Column 4 Class Maximum Maximum Minimum
journey time time off water spell period
(hours) (hours) (hours)
Cattle known or visually assessed to be 4 4 24 more than 37 weeks pregnant Cattle known or visually assessed to be 24 24 12 between 24 and 37 weeks pregnant Lactating cattle with unweaned calves 24 24 12 Bobby calves less than 5 days old 6 6 24 Bobby calves between 5 and 30 days old 12 18 24 Calves between 30 days and 6 months old 24 24 12 Cattle not in any of the above classes 48 48 36 47 Transportation of bobby calves less than 5 days old to calf-rearing facilities
A person in charge of bobby calves to be transported must not transport bobby calves that are less than 5 days old unless each of the following conditions is satisfied:
(a) the bobby calves must be transported directly to a calf-rearing facility, (b) the bobby calves must be fed a liquid feed within 6 hours of loading, (c) the bobby calves must be provided with thick bedding, (d) each bobby calf must be have sufficient space in the crate to lie on its sternum, (e) the bobby calves must be protected from cold and heat, and (f) the journey time must be less than 6 hours. 48 Transportation of bobby calves between 5 and 30 days old
A person in charge of bobby calves to be transported must not transport bobby calves that are between 5 and 30 days old unless each of the following conditions is satisfied:
(a) the bobby calves must be fed a liquid feed within 6 hours of loading, (b)
each bobby calf must have sufficient space in the crate to lie on its sternum,
(c) the bobby calves must be protected from cold and heat, (d) each bobby calf must be in good health, (e) each bobby calf must be alert and able to rise from a lying position,
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(f)
the bobby calves must be assembled and transported so that delivery occurs within 18 hours of the last time the bobby calves were fed,
(g) the journey time must be less than 12 hours, (h)
the person in charge must have records that show the bobby calves were last fed within 6 hours of loading unless:
(i) the journey is between calf-rearing facilities, and (ii) the journey time is less than 6 hours, and 49 Fitness of pre full-term bobby calves for transport
A person in charge of bobby calves to be transported must not transport bobby calves born earlier than a normal pregnancy term (including induced calves) unless the bobby calves are as fit for the journey as a normal full-term calf.
50 Use of dogs to move bobby calves prohibited
A person in charge of bobby calves at any time during the transport process must not use a dog to move a bobby calf.
Note: Section 16(2) of the Prevention of Cruelty to Animals Act 1979 and clause 35 of, and Schedule 3 to, the Prevention of Cruelty to Animals Regulation 2012 has the effect that it is an offence to use an electric stock prod upon cattle other than weaned cattle for the purposes of driving, herding, mustering or controlling the weaned cattle. That offence has a maximum penalty of 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
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| Part 7 | Specific requirements for the land transport of deer |
Note: The general standards for the land transport of livestock set out in Part 2 of these
Standards also apply to the land transport of deer.
51 Interpretation
(1) In this Part:
maximum journey time for the class of deer described in Column 1 of the
Table, is the period of time specified opposite in Column 2 of the Table.minimum spell period for the class of deer described in Column 1 of the Table, is the period of time specified opposite in Column 4 of the Table.
Table means the Table to clause 52.
(2) In this Part and for the purposes of Division 6 of Part 2, the maximum time off water, for the class of deer described in Column 1 of the Table, is the period of time specified opposite in Column 3 of the Table.
52 Spelling requirements for deer
A person in charge of deer of the class described in Column 1 of the Table must provide the deer with a spell for at least the minimum spell period, at the earlier of:
(a) the end of any transport process; or (b)
when the maximum journey time or the maximum time off water is reached,
before another transport process can commence. Table
Column 1 Column 2 Column 3 Column 4 Class Maximum Maximum Minimum
journey time time off water spell period
(hours) (hours) (hours)
Deer known or visually assessed to be 4 4 24 more than 30 weeks pregnant Deer known or visually assessed to be 24 24 12 between 20 and 30 weeks pregnant Lactating deer with unweaned deer less 4 24 24 than 6 months Weaned deer less than 6 months old 28 28 12 Deer not in any of the above classes 48 48 36
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53 Transportation of deer with antlers
(1) A person in charge of deer to be transported must not transport deer for
7 days after velvet antler have been removed.(2) A person in charge of deer to be transported must not transport deer
with hard antlers 4 cm or more in length unless:
(a) the deer are separated from all other deer being transported, and (b)
the deer have adequate clearance above the antlers so that the antlers do not get caught in the vehicle or the crate.
(3) In this clause: velvet means the skin covering the highly vascular spongy tissue that
later matures into calcified hard antler.Note: Section 16(2) of the Prevention of Cruelty to Animals Act 1979 has the effect
that it is an offence to use an electric prodder upon a deer. That offence has a
maximum penalty of 250 penalty units in the case of a corporation and 50 penalty
units or imprisonment for 6 months, or both, in the case of an individual.
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| Part 8 | Specific requirements for the land transport of emus and ostriches |
Note: The general standards for the land transport of livestock set out in Part 2 of these
Standards also apply to the land transport of emus and ostriches.
54 Interpretation
(1) In this Part:
maximum journey time for the class of emus and ostriches described in the Table.
minimum spell period for the class of emus and ostriches described in the Table.
Table means the Table to clause 55.
(2) In this Part and for the purposes of Division 6 of Part 2, the maximum time off water, for the class of emus and ostriches described in Column 1 of the Table, is the period of time specified opposite in Column 3 of the Table.
55 Spelling requirements for emus and ostriches
A person in charge of emus or ostriches of the class described in Column 1 of the Table must provide the emus or ostriches with a spell for at least the minimum spell period, at the earlier of:
(a) the end of any transport process; or (b)
when the maximum journey time or the maximum time off water is reached,
before another transport process can commence. Table
Column 1 Column 2 Column 3 Column 4 Class Maximum Maximum time Minimum journey time off water (hours) spell period
(hours) (hours)
Emus and ostriches less than 5 days old 60 60 after removal 24 without hydrating material in the container from the incubator Emus and ostriches less than 5 days old 72 72 after removal 24 with hydrating material in the container from the incubator Emus and ostriches between 5 and 90 days 24 24 12 old Emus and ostriches not in any of the above 36 36 24 classes
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56 Transportation of emus or ostriches less than 5 days old
A person in charge of emus or ostriches during a journey must take reasonable action to minimise the risk to the welfare of the emus and ostriches that are less than 5 days old from chilling or overheating during the journey.
57 Feeding requirements for emus or ostriches more than 5 days old before assembly
A person in charge of emus or ostriches to be transported must not transport emus or ostriches that are more than 5 days old unless the emus or ostriches are provided with access to feed within 24 hours of assembly for
transportation.
58 Feeding requirements for emus or ostriches between 5 and 90 days old during journey
A person in charge of emus or ostriches during a journey must ensure that the emus and ostriches that are between 5 and 90 days old are provided with access to feed every 12 hours during the journey.
59 Requirements for emus or ostriches between 5 and 90 days old in containers
A person in charge of emus or ostriches at any time during the transport process must not hold emus or ostriches that are between 5 and 90 days old in a container for more than 12 hours, unless the emus or ostriches are provided with access to water, access to feed and shelter.
60 Transportation of emus or ostriches in containers
A person in charge of emus or ostriches held in a container must ensure the container:
(a) is lifted and placed with care, and (b) is positioned on the vehicle in an upright position without excessive tilting, and (c) is not dropped or thrown, and (d) is securely attached to the vehicle, and (e) is suitable for the purpose of transporting emus or ostriches. 61 Tying together legs of emus or ostriches prohibited
A person in charge of emus or ostriches at any time during the transport process must not tie together the legs of an emu or the legs of an ostrich.
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62 Treatment of emus or ostriches less than 5 days old after journey
A person in charge of emus or ostriches which have arrived at a destination after a journey must ensure that emus and ostriches that are less than 5 days old are placed in a suitable brooding environment after arrival and within
72 hours of removal from the incubator.
Note: Section 16(2) of the Prevention of Cruelty to Animals Act 1979 has the effect that it is
an offence to use an electric prodder upon an emu or an ostrich. That offence has a
maximum penalty of 250 penalty units in the case of a corporation and 50 penalty units or
imprisonment for 6 months, or both, in the case of an individual.
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| Part 9 | Specific requirements for the land transport of goats |
Note: The general standards for the land transport of livestock set out in Part 2 of these
Standards also apply to the land transport of goats.
63 Interpretation
(1) In this Part:
maximum journey time for the class of goats described in Column 1 of the
Table, is the period of time specified opposite in Column 2 of the Table.minimum spell period for the class of goats described in Column 1 of the
Table, is the period of time specified opposite in Column 4 of the Table.Table means the Table to clause 64.
| (2) | In this Part and for the purposes of Division 6 of Part 2, the maximum time off water, for the class of goats described in Column 1 of the Table, is the period of time specified opposite in Column 3 of the Table. | |||
| 64 | Spelling requirements for goats | |||
| A person in charge of goats of the class described in Column 1 of the Table must provide the goats with a spell for at least the minimum spell period, at the earlier of: | ||||
| ||||
| before another transport process can commence. | ||||
| Table |
Column 1 Column 2 Column 3 Column 4 Class Maximum Maximum Minimum
journey time time off water spell period
(hours) (hours) (hours)
Goats known or visually assessed to be 4 4 24 more than 19 weeks pregnant Goats known or visually assessed to be 24 24 12 between 14 and 19 weeks pregnant Lactating goats 28 28 12 Goats less than 6 months old 28 28 12 Goats not in any of the above classes 48 48 36
Note: Section 16(2) of the Prevention of Cruelty to Animals Act 1979 has the effect that it is
an offence to use an electric prodder upon a goat. That offence has a maximum penalty of
250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6
months, or both, in the case of an individual.
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| Part 10 | Specific requirements for the land transport of horses |
Note: The general standards for the land transport of livestock set out in Part 2 of these
Standards also apply to the land transport of horses.
65 Interpretation
(1) In this Part:
maximum journey time for the class of horses described in Column 1 of the
Table, is the period of time specified opposite in Column 2 of the Table.minimum spell period for the class of horses described in Column 1 of the
Table, is the period of time specified opposite in Column 4 of the Table.Table means the Table to clause 66.
| (2) | In this Part and for the purposes of Division 6 of Part 2, the maximum time off water for the class of horses described in Column 1 of the Table, is the period of time specified opposite in Column 3 of the Table. | |||
| 66 | Spelling requirements for horses | |||
| A person in charge of horses of the class described in Column 1 of the Table must provide the horses with a spell for at least the minimum spell period, at the earlier of: | ||||
| ||||
| before another transport process can commence. | ||||
| Table |
Column 1 Column 2 Column 3 Column 4 Class Maximum Maximum Minimum
journey time time off water spell period
(hours) (hours) (hours)
Horses known or visually assessed to be 4 4 24 more than 43 weeks pregnant Horses known or visually assessed to be 12 12 12 between 30 and 43 weeks pregnant Lactating horses 12 12 12 Horses less than 6 months old 12 12 12 Horses not in any of the above classes 24 24 12
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67 Extension of maximum journey time for horses
A person in charge of horses during a journey may allow the maximum journey time to extend up to 36 hours if each of the following conditions is satisfied:
(a) the horses must not be known or visually assessed to be more than 43 weeks pregnant, (b) the horses must be provided with access to water and access to feed at least every 5 hours, (c) the horses must not be exposed to the natural elements, (d) there must be sufficient space for each horse to have a comfortable standing position, (e) the floor of the vehicle must be suitable including that it must have drainage to remove urine, and (f) the horses must have a spell for at least 24 hours before another transport process can commence. 68 Transportation of foals with their mothers
A person in charge of a horse that:
(a) is less than 6 months old, (b) is being transported with its mother, and must ensure the horse that is less than 6 months old has sufficient space on the vehicle to suckle and lie down.
(c) will have a journey time of more than 5 hours, 69 Transportation of lame horses
| (1) | A person in charge of horses to be transported must not transport a horse that has an equine lameness score of 4 or 5, except in accordance with advice from a veterinary practitioner. | |||
| (2) | In this clause: | |||
|
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70 Specific requirements for vehicles used to transport horses
| (1) | A person who provides or uses a vehicle for transporting horses must ensure the vehicle complies with each of the following requirements: | |
|
(i) can be accessed easily for providing feed and water, and
(ii) can be visually inspected,
(b)
the vehicle must have nonslip flooring and walls of sufficient strength to withstand horse activity, and
(c)
there must be a vertical clearance of at least 100 millimetres between the top of the withers of the horse, when the horse is standing at rest, and the crate.
| (2) | A person who provides or uses a fully enclosed and environmentally controlled vehicle for transporting horses must ensure the vehicle has effective airflow, with fans or other equipment providing at least 12 air changes per hour. |
Note: Section 7(2) of the Prevention of Cruelty to Animals Act 1979 provides that it is an
offence to carry or convey a horse on a multi-deck vehicle. That offence has a maximum
penalty of 250 penalty units in the case of a corporation and 50 penalty units or imprisonment
for 6 months, or both, in the case of an individual.
71 Transportation of unbroken stallions
| (1) | A person in charge of a stallion being transported must ensure that a stallion that is not used to being handled is segregated from all other classes of horses being transported. |
| (2) | In this clause: stallion means a male horse over 6 months old that has not been castrated. |
| 72 | Use of dogs to move horses prohibited |
| A person in charge of horses at any time during the transport process must not use a dog to move a horse. |
Note: Section 16(2) of the Prevention of Cruelty to Animals Act 1979 and clause 35 of, and Schedule 3 to, the Prevention of Cruelty to Animals Regulation 2012 has the effect that it is an offence to use an electric stock prod upon a horse other than, in certain limited circumstances, for controlling horses being used in a rodeo. That offence has a maximum penalty of 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
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| Part 11 | Specific requirements for the land transport of pigs |
Note: The general standards for the land transport of livestock set out in Part 2 of these
Standards also apply to the land transport of pigs.
73 Interpretation
(1) In this Part:
maximum journey time for the class of pigs described in Column 1 of the
Table, is the period of time specified opposite in Column 2 of the Table.minimum spell period for the class of pigs described in Column 1 of the Table, is the period of time specified opposite in Column 4 of the Table.
piglet means an unweaned pig.
Table means the Table to clause 74.
weaner means a pig that has been weaned and is under 30 kg live weight.(2) In this Part and for the purposes of Division 6 of Part 2, the maximum time off water for the class of pigs described in Column 1 of the Table, is the period of time specified opposite in Column 3 of the Table.
74 Spelling requirements for pigs
A person in charge of pigs of the class described in Column 1 of the Table must provide the pigs with a spell for at least the minimum spell period, at the earlier of:
(a) the end of any transport process; or (b)
when the maximum journey time or the maximum time off water is reached,
before another transport process can commence. Table
Column 1 Column 2 Column 3 Column 4 Class Maximum Maximum Minimum
journey time time off water spell period
(hours) (hours) (hours)
Pigs known or visually assessed to be more 4 4 24 than 14 weeks pregnant Lactating pigs with piglets 12 12 12 Weaners 12 12 12 Pigs not in any of the above classes 24 24 12
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75 Extension of maximum journey time for pigs
A person in charge of pigs during a journey may allow the maximum journey time to extend up to 72 hours if each of the following conditions is satisfied:
| ||||||||
| Note: | Section 16(2) of the Prevention of Cruelty to Animals Act 1979 and clause 35 of, and |
Schedule 3 to, the Prevention of Cruelty to Animals Regulation 2012 has the effect that it is an offence to use an electric stock prod upon a pig other than a weaned pig when it is being loaded or unloaded onto or from a vehicle for transportation purposes. That offence has a
maximum penalty of 250 penalty units in the case of a corporation and 50 penalty units or
imprisonment for 6 months, or both, in the case of an individual.
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| Part 12 | Specific requirements for the land transport of poultry |
Note: The general standards for the land transport of livestock set out in Part 2 of these
Standards also apply to the land transport of poultry.
76 Interpretation
(1) In this Part:
maximum journey time for the class of poultry described in Column 1 of the
Table, is the period of time specified opposite in Column 2 of the Table.minimum spell period for the class of poultry described in Column 1 of the
Table, is the period of time specified opposite in Column 4 of the Table.Table means the Table to clause 77.
(2) In this Part and for the purposes of Division 6 of Part 2, the maximum time off water for the class of poultry described in Column 1 of the Table, is the period of time specified opposite in Column 3 of the Table.
77 Spelling requirements for poultry
A person in charge of poultry of the class described in Column 1 of the Table must provide the poultry with a spell for at least the minimum spell period, at the earlier of:
(a) the end of any transport process; or (b)
when the maximum journey time or the maximum time off water is reached,
before another transport process can commence. Table
Column 1 Column 2 Column 3 Column 4 Class Maximum Maximum time Minimum journey time off water (hours) spell period
(hours) (hours)
Poultry less than 5 days old 60 60 after removal 24 without hydrating material in the from the incubator container Poultry less than 5 days old with 72 72 after removal 24 hydrating material in the container from the incubator Poultry not in any of the above 24 24 24 classes
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78 Feed requirements for poultry prior to assembly
A person in charge of poultry to be transported must ensure that poultry that are more than 4 days old are provided with access to feed during the 12 hour period preceding assembly for transport.
79 Feed requirements for poultry held in containers
A person in charge of poultry to be transported must ensure that poultry that are more than 4 days old are not held in a container for more than 24 hours, unless the poultry are provided with access to water, access to feed and shelter.
80 Transportation of poultry in containers
A person in charge of poultry held in a container must ensure the container:
(a) is lifted and placed with care, and (b) is positioned on the vehicle in an upright position without excessive tilting, and (c) is not dropped or thrown, and (d) is securely attached to the vehicle, and (e) is suitable for the purpose of transporting poultry. 81 Lifting of poultry during transport
(1) A person in charge of poultry at any time during the transport process must not lift or carry an animal by the head, neck, wings, feathers or tail feathers unless the animal is also supported under the breast.
(2) Subclause (1) does not apply to any of the following classes of poultry:
(a) chicken breeder birds and adult geese, which may be lifted and carried by the base of both wings, (b) turkeys, which may be lifted by the tail feathers and neck or by a leg and a wing, (c) ducks, which may be lifted and carried by their necks or by the base of both wings. 82 Tying legs of poultry together prohibited
A person in charge of poultry at any time during the transport process must not tie the legs of an animal together.
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83 Transportation of poultry less than 5 days old
A person in charge of poultry that are less than 5 days old during a journey must take reasonable steps to minimise the risk to the welfare of the poultry that are less than 5 days old from chilling or overheating during the journey.
84 Treatment of poultry less than 5 days old after journey
A person in charge of poultry that are less than 5 days old which have arrived at a destination after a journey must ensure the poultry that are less than 5 days old are placed in a suitable brooding environment after arrival and within 72 hours of removal from the incubator.
Note: Section 16(2) of the Prevention of Cruelty to Animals Act 1979 has the effect that it is
an offence to use an electric prodder upon poultry. That offence has a maximum penalty of
250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6
months, or both, in the case of an individual.
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| Part 13 | Specific requirements for the land transport of sheep |
Note: The general standards for the land transport of livestock set out in Part 2 of these
Standards also apply to the land transport of sheep.
85 Interpretation
(1) In this Part:
maximum journey time for the class of sheep described in Column 1 of the
Table, is the period of time specified opposite in Column 2 of the Table.minimum spell period for the class of sheep described in Column 1 of the
Table, is the period of time specified opposite in Column 4 of the Table.
Table means the Table to clause 86.
| (2) | In this Part and for the purposes of Division 6 of Part 2, the maximum time off water, for the class of sheep described in Column 1 of the Table, is the period of time specified opposite in Column 3 of the Table. | |||
| 86 | Spelling requirements for sheep | |||
| A person in charge of sheep of the class described in Column 1 of the Table must provide the sheep with a spell for at least the minimum spell period, at the earlier of: | ||||
| ||||
| before another transport process can commence. | ||||
| Table |
Column 1 Column 2 Column 3 Column 4 Class Maximum Maximum Minimum
journey time time off water spell period
(hours) (hours) (hours)
Sheep known or visually assessed to be 4 4 24 more than 19 weeks pregnant Sheep known or visually assessed to be 24 24 12 between 14 and 19 weeks pregnant Lactating sheep 28 28 12 Sheep less than 4 months old 28 28 12 Sheep not in any of the above classes 48 48 36
Note: Section 16(2) of the Prevention of Cruelty to Animals Act 1979 and clause 35 of, and Schedule 3 to, the Prevention of Cruelty to Animals Regulation 2012 has the effect that it is an offence to use an electric stock prod upon sheep other than weaned sheep for the purposes of driving, herding, mustering or controlling the weaned sheep. That offence has a maximum penalty of 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
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