Stock Legislation Amendment Regulation (No. 1) 2008 (Qld)

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Stock Legislation Amendment Regulation (No. 1) 2008
Queensland Stock Legislation Amendment Regulation (No. 1) 2008 Subordinate Legislation 2008 No. 342 made under the StockAct1915 Contents Part 1 1 Part 2 2 3 4 5 Part 3 6 7 8 9 10 11 12 13 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of Stock Regulation 1988 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 30 (Non-application of travel permit and waybill requirements (s 23 of the Act)) . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 30A (Non-application of travel permit and waybill requirements—alternative waybills) . . . . . . . . . . . . . . . . . 5 Amendment of s 46 (Identification of tested stock). . . . . . . . . . . . 5 Amendment of Stock Identification Regulation 2005 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of s 21 (Provisions for the PIC for registrable place) 6 Amendment of s 28 (Types of approved tags and their purposes) 6 Amendment of s 30 (Obtaining approval to manufacture approved tags) .................................. 7 Amendment of s 34 (Prohibition on applying tag other than an approved tag) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of s 35 (Restrictions on applying permanent tag) . . 7 Amendment of s 36 (Restrictions on removing permanent tag) . . 7 Amendment of s 38 (Requirement to destroy removed permanent tag) ................................. 8
Stock Legislation Amendment Regulation (No. 1) 2008 Contents 14 15 16 17 Page 2 Amendment of s 41 (Approval to use different PIC for permanent tags for cattle) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 43 (Operation of pt 4) . . . . . . . . . . . . . . . . . . . . Replacement of pt 4, div 3, sdiv 5 (Chief inspectorial approval). . Subdivision 5 Travel approvals 55 Travel under travel approval . . . . . . . . . . . . . . . . . . . . Replacement of pt 5 (Obligations of owners of travelling sheep) . Part 5 Obligations of owners of travelling goats Division 1 Preliminary 56 Operation of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 How approved tag must be applied to goats . . . . . . . 58 When obligation to apply an approved tag must be complied with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Identification requirements Subdivision 1 Harvested feral goats 59 Identification requirement for harvested feral goats travelled directly to depot . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Farmed goats 60 What are farmed goats. . . . . . . . . . . . . . . . . . . . . . . . 61 Pure farmed goats travelled from their place of birth . 62 Other travelling of pure farmed goats . . . . . . . . . . . . . 63 Other farmed goats—first travel from place of farming ............................. 64 Other travel of farmed goats. . . . . . . . . . . . . . . . . . . . Division 3 When requirements about identification do not apply Subdivision 1 Requirements under division 2 65 Meat processing facility sales of particular farmed goats ................................ 66 Temporary travel to neighbouring holding . . . . . . . . . 67 Travel to and from sporting event . . . . . . . . . . . . . . . . Subdivision 2 Travel approvals 67A Travel under travel approval . . . . . . . . . . . . . . . . . . . . Part 5A Obligations of owners of travelling pigs Division 1 Identification requirements 67B Pigs first travelled from their place of birth . . . . . . . . . 67C Other travelling of pigs . . . . . . . . . . . . . . . . . . . . . . . . 67D How approved tag must be applied to pigs . . . . . . . . 8 8 8 8 8 9 9 9 10 11 12 12 13 14 15 16 16 16 17 17 18 2008 SL No. 342
Stock Legislation Amendment Regulation (No. 1) 2008 Contents 67E When requirement must be complied with . . . . . . . . . 18 Division 2 When requirements about identification do not apply Subdivision 1 Requirements under division 1 67F Travel without ownership change . . . . . . . . . . . . . . . . 18 67G Temporary travel to neighbouring holding . . . . . . . . . 19 67H Travel to and from sporting event . . . . . . . . . . . . . . . . 19 Subdivision 2 Travel approvals 67I Travel under travel approval . . . . . . . . . . . . . . . . . . . . 19 Part 5B Obligations of owners of travelling sheep Division 1 Preliminary 67J Operation of pt 5B . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 67K How approved tag must be applied to sheep . . . . . . . 20 67L When obligation to apply an approved tag must be complied with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 2 Identification requirements 67M Sheep first travelled from their place of birth . . . . . . . 20 67N Other travelling of sheep . . . . . . . . . . . . . . . . . . . . . . 21 Division 3 When requirements about identification do not apply Subdivision 1 Requirements under division 2 67O Particular meat processing facility sales. . . . . . . . . . . 22 67P Temporary travel to neighbouring holding . . . . . . . . . 22 67Q Travel to and from sporting event . . . . . . . . . . . . . . . . 23 Subdivision 2 Travel approvals 67R Travel under travel approval . . . . . . . . . . . . . . . . . . . . 23 Part 5C Travel approvals for cattle, goats, pigs or sheep 67S Power to grant travel approval . . . . . . . . . . . . . . . . . . 23 67T Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 67U Requirements for application . . . . . . . . . . . . . . . . . . . 24 67V Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 24 18 Amendment of s 76 (Obligation to notify) . . . . . . . . . . . . . . . . . . . 25 19 Amendment of s 77 (Application of sdiv 2). . . . . . . . . . . . . . . . . . 25 20 Replacement of s 78 (Obligation to ensure cattle or sheep bear a saleyard post-breeder tag) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 78 Obligation to ensure cattle, goats, pigs or sheep bear a saleyard post-breeder tag . . . . . . . . . . . . . . . . 25 2008 SL No. 342 Page 3
Stock Legislation Amendment Regulation (No. 1) 2008 Contents 21 Amendment of s 79 (Record-making and notification obligations) 25 22 Amendment of s 81 (Obligation not to mix untagged cattle or sheep with other animals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 23 Amendment of s 82 (Obligations relating to unlawfully untagged cattle or sheep). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 24 Amendment of s 83 (Record-keeping obligations) . . . . . . . . . . . . 26 25 Amendment of s 84 (Application of sdiv 4). . . . . . . . . . . . . . . . . . 26 26 Amendment of s 85 (Obligation to find out PIC of last farm, feedlot or station of cattle or sheep) . . . . . . . . . . . . . . . . . . . . . . . 26 27 Amendment of s 86 (Obligation to apply tag to unlawfully untagged cattle or sheep). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 28 Amendment of s 87 (Record-making and notification obligations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 29 Amendment of s 88 (Record-keeping obligations) . . . . . . . . . . . . 27 30 Amendment of s 89 (Obligation of person in charge to apply permanent tag to unlawfully untagged cattle or sheep) . . . . . . . . 27 31 Omission of pt 8, divs 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 32 Omission of pt 8, div 3 hdg (Miscellaneous provisions) . . . . . . . . 28 33 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 28 Page 4 2008 SL No. 342
Part 1 Stock Legislation Amendment Regulation (No. 1) 2008 Part 1 Preliminary [s 1] Preliminary 1 Short title This regulation may be cited as the Stock Legislation Amendment Regulation (No. 1) 2008 . Part 2 Amendment of Stock Regulation 1988 2 Regulation amended in pt 2 This part amends the Stock Regulation 1988. 3 Amendment of s 30 (Non-application of travel permit and waybill requirements (s 23 of the Act)) (1) Section 30(j) and (k)— renumber as section 30(k) and (l). (2) Section 30— insert ‘(j) pigs;’. 4 Amendment of s 30A (Non-application of travel permit and waybill requirements—alternative waybills) Section 30A(1), ‘section 30(a) to (k)’— omit, insert— ‘section 30(a) to (l)’. 5 Amendment of s 46 (Identification of tested stock) (1) Section 46(1)(c)(iii) and (2)(c)(iii)— 2008 SL No. 342 Page 5
Stock Legislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Stock Identification Regulation 2005 [s 6] omit, insert— ‘(iii) applying to the stock, in the way required under the Stock Identification Regulation 2005 , a permanent tag permitted or required under that regulation; or’. (2) Section 46(3)— omit . Part 3 Amendment of Stock Identification Regulation 2005 6 Regulation amended in pt 3 This part amends the Stock Identification Regulation 2005. 7 Amendment of s 21 (Provisions for the PIC for registrable place) Section 21(4)— omit, insert— ‘(4) For subsections (2) and (3), places are in the same locality if a boundary of a secondary place is no more than 50km from the nearest boundary of the primary place.’. 8 Amendment of s 28 (Types of approved tags and their purposes) Section 28(a)— insert— ‘(vi) goat tattoos for goats that have never been feral, by way of an imprinted ear tattoo to show the place of departure for their first travel from their place of birth; Page 6 2008 SL No. 342
Stock Legislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Stock Identification Regulation 2005 [s 9] (vii) pig brands for pigs, imprinted, by way of a tattoo, under the BrandsAct1915 to show the place of departure for their travel or proposed travel; (viii) pig ear tags for pigs to show their place of departure, identified by a PIC recorded on or shown by the tag.’. 9 Amendment of s 30 (Obtaining approval to manufacture approved tags) Section 30(6), ‘for cattle’— omit. 10 Amendment of s 34 (Prohibition on applying tag other than an approved tag) Section 34(1), ‘cattle or sheep’— omit, insert— ‘cattle, goats, pigs or sheep’. 11 Amendment of s 35 (Restrictions on applying permanent tag) (1) Section 35, heading, after ‘tag’— insert— to cattle ’. (2) Section 35, ‘or sheep’— omit. 12 Amendment of s 36 (Restrictions on removing permanent tag) Section 36(2), ‘sheep’— omit, insert— ‘goat, pig or sheep’. 2008 SL No. 342 Page 7
Stock Legislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Stock Identification Regulation 2005 [s 13] 13 Amendment of s 38 (Requirement to destroy removed permanent tag) Section 38(1), ‘sheep’— omit, insert— ‘goat, pig or sheep’. 14 Amendment of s 41 (Approval to use different PIC for permanent tags for cattle) Section 41, ‘cattle’— omit, insert— ‘cattle, goats, pigs or sheep’. 15 Amendment of s 43 (Operation of pt 4) Section 43(3), ‘and part 8, division 1’— omit. 16 Replacement of pt 4, div 3, sdiv 5 (Chief inspectorial approval) Part 4, division 3, subdivision 5— omit, insert— ‘Subdivision 5 Travel approvals ‘55 Travel under travel approval ‘Cattle the subject of a travel approval travelled to or from the place the subject of the approval need not bear the approved tag the subject of the approval.’. 17 Replacement of pt 5 (Obligations of owners of travelling sheep) Part 5— Page 8 2008 SL No. 342
Stock Legislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Stock Identification Regulation 2005 [s 17] omit, insert ‘Part 5 Obligations of owners of travelling goats ‘Division 1 Preliminary ‘56 Operation of pt 5 ‘(1) This part imposes obligations on the owners of goats that are to be travelled. ‘(2) Generally, the obligations are those under division 2. ‘(3) However, the obligations apply subject to division 3. ‘57 How approved tag must be applied to goats ‘(1) This section applies if this regulation requires an approved tag to be applied to goats. ‘(2) If the approved tag is an ear tag, it must be securely attached to either ear. ‘(3) If the approved tag is a goat tattoo, it must be imprinted on the inner hairless surface of either ear. ‘58 When obligation to apply an approved tag must be complied with ‘(1) Subject to subsections (2) and (3), an obligation under this part to apply an approved tag to goats must be complied with before the travelling of the goats starts. ‘(2) If— (a) the goats are travelled from a place (the place of origin ) to a neighbouring holding of the place of origin and, within 48 hours after their arrival at the holding, are further travelled to another place (the final destination ); and 2008 SL No. 342 Page 9
Stock Legislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Stock Identification Regulation 2005 [s 17] (b) the purpose of the travel to the neighbouring holding is to comply, at the holding, with the obligation to apply an approved tag for their travel from the place of origin to the final destination; the obligation may be complied with before the goats leave the neighbouring holding. ‘(3) If the travel starts from a place outside the State, the obligation to apply an approved tag applies only when the goats enter the State. ‘Division 2 Identification requirements ‘Subdivision 1 Harvested feral goats ‘59 Identification requirement for harvested feral goats travelled directly to depot ‘(1) This section applies if feral goats are harvested at one place and are to be travelled directly to another place (the depot ) for collection and sorting. Note If the goats are not travelled directly to a depot or feral goats are harvested, collected and sorted at the same place, they become farmed goats and the relevant identification requirements under subdivision 2 apply. See section 60. ‘(2) No identification requirement applies under this regulation for the travel to the depot. Note See, however, the Stock Regulation 1988 , part 3, division 1 (Travelling requirements for stock, hides and skins). ‘(3) However, the owner of the goats must, within 10 days after the goats arrive at the depot, ensure they bear the following permanent tag and that the tag shows the PIC of the depot— (a) if the depot is registered—a post-breeder tag; Page 10 2008 SL No. 342
Stock Legislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Stock Identification Regulation 2005 [s 17] (b) if the depot is not registered—a district post-breeder tag. Notes 1 When the tag is applied, the goats become farmed goats. See section 60. 2 For identification requirements for any subsequent travel of the goats, other than to a meat processing facility under subsection (4), see sections 64 and 65. ‘(4) However, subsection (3) does not apply if— (a) the goats are proposed to be travelled directly from the depot to a meat processing facility for slaughter; and (b) the goats are received for slaughter by a meat processing facility within 30 days after their arrival at the depot. ‘(5) Goats to which a permanent tag has been applied under subsection (3) are depot-tagged goats . ‘Subdivision 2 Farmed goats ‘60 What are farmed goats ‘(1) Goats are farmed goats if they— (a) have never been harvested feral goats; and (b) are the subject of husbandry. ‘(2) A farmed goat under subsection (1) is a pure farmed goat . ‘(3) Feral goats become farmed goats if they— (a) become depot-tagged goats; or (b) are harvested, collected and sorted at the same place, whether or not a permanent tag has been applied to them; or (c) are harvested at one place and are travelled to another place (the depot ) for collection and sorting and they are not travelled directly to the depot. ‘(4) For feral goats that become farmed goats, the place mentioned in subsection (3)(b) or (c) is the place of farming of the goats. 2008 SL No. 342 Page 11
Stock Legislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Stock Identification Regulation 2005 [s 17] ‘61 Pure farmed goats travelled from their place of birth ‘(1) This section applies to the owner of pure farmed goats if— (a) the goats are to be travelled; and (b) the place of departure for the travel is their place of birth; and (c) the travel is their first travel from their place of birth; and (d) the place of destination for the travel does not have the same PIC as the place of birth. ‘(2) If the travel is to a meat processing facility for slaughter or a saleyard for sale, the owner must ensure — (a) the goats bear the required breeder tag; and (b) the tag shows the PIC of the place of birth. ‘(3) To remove any doubt, it is declared that subsection (2) applies whether or not the goats bear a goat tattoo. ‘(4) If the travel is to any other place, the owner must ensure— (a) the goats bear a goat tattoo; or (b) the goats bear the required breeder tag and the tag shows the PIC of the place of birth. ‘(5) In this section— required breeder tag means— (a) if the place of departure is registered—a breeder tag; or (b) if the place of departure is not registered—a district breeder tag. ‘62 Other travelling of pure farmed goats ‘(1) This section applies to the owner of pure farmed goats if— (a) the goats are to be travelled; and Page 12 2008 SL No. 342
Stock Legislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Stock Identification Regulation 2005 [s 17] (b) the place of departure for the travel is not their place of birth, or the travel is not their first travel from their place of birth; and (c) the place of destination for the travel does not have the same PIC as the place of departure; and (d) either— (i) the goats did not bear a permanent tag when they arrived at the place of departure; or (ii) the goats did bear a permanent tag when they arrived at the place of departure but they no longer bear the tag. ‘(2) If the travel is to a meat processing facility for slaughter or a saleyard for sale, the owner must ensure— (a) the goats bear the required post-breeder tag; and (b) the tag shows the PIC of the place of departure. ‘(3) To remove any doubt, it is declared that subsection (2) applies whether or not the goats bear a goat tattoo. ‘(4) If the travel is to any other place, the owner must ensure— (a) the goats bear a goat tattoo; or (b) the goats bear the required post-breeder tag and the tag shows the PIC of the place of departure. ‘(5) In this section— required post-breeder tag means— (a) if the place of departure is registered—a post-breeder tag; or (b) if the place of departure is not registered—a district post-breeder tag. ‘63 Other farmed goats—first travel from place of farming ‘(1) This section applies to the owner of farmed goats if— 2008 SL No. 342 Page 13
Stock Legislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Stock Identification Regulation 2005 [s 17] (a) the goats are to be travelled; and (b) the goats were feral; (c) the goats are not depot-tagged goats; and (d) the place of departure for the travel is their place of farming; and (e) the travel is their first travel from the place of farming; and (f) the place of farming does not have the same PIC as the place of destination. ‘(2) The owner must ensure the goats bear the following permanent tag and that the tag shows the PIC of the place of farming— (a) if the place of farming is registered—a breeder tag; (b) if the place of farming is not registered—a district breeder tag. ‘64 Other travel of farmed goats ‘(1) This section applies to the owner of farmed goats if— (a) the goats are to be travelled; and (b) the goats were feral; and (c) either— (i) the goats are depot-tagged goats; or (ii) the place of departure for the travel is not their place of farming; or (iii) the travel is not their first travel from their place of farming; and (d) the place of destination for the travel does not have the same PIC as the place of departure; and (e) either— (i) the goats did not bear a permanent tag when they arrived at the place of departure; or Page 14 2008 SL No. 342
Stock Legislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Stock Identification Regulation 2005 [s 17] (ii) the goats did bear a permanent tag when they arrived at the place of departure but they no longer bear the tag. ‘(2) The owner must ensure the goats bear the following permanent tag and that the tag shows the PIC of the place of departure— (a) if the place of departure is registered—a post-breeder tag; (b) if the place of departure is not registered—a district post-breeder tag. ‘Division 3 When requirements about identification do not apply ‘Subdivision 1 Requirements under division 2 ‘65 Meat processing facility sales of particular farmed goats ‘(1) This section applies to farmed goats to be travelled if— (a) the goats are pure farmed goats and the place of departure for the travel is their place of birth; or (b) the goats were feral and the place of departure for the travel is their place of farming. ‘(2) Division 2 does not apply to the travel if— (a) the travel is for the sale of the goats to a meat processing facility; and (b) the goats are taken directly from the place of departure to the facility; and (c) the goats are not mixed with other goats from when they leave the place of departure until they are slaughtered at the facility; and 2008 SL No. 342 Page 15
Stock Legislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Stock Identification Regulation 2005 [s 17] (d) the travel is by a load that is at least 1 deck load of goats of the same class for slaughter. ‘66 Temporary travel to neighbouring holding ‘Division 2 does not apply to goats to be travelled, for ordinary stock management purposes, to and from a neighbouring holding of their place of departure if they are returned to the place of departure within 48 hours. ‘67 Travel to and from sporting event ‘Division 2 does not apply to goats to be travelled from a holding to a sporting event and then returned to the holding if— (a) no designated stock of the same species from another holding are present while the goats are at the sporting event; and (b) the goats are returned within 48 hours. ‘Subdivision 2 Travel approvals ‘67A Travel under travel approval ‘Goats the subject of a travel approval travelled to or from the place the subject of the approval need not bear the approved tag the subject of the approval. ‘Part 5A ‘Division 1 Page 16 Obligations of owners of travelling pigs Identification requirements 2008 SL No. 342
Stock Legislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Stock Identification Regulation 2005 [s 17] ‘67B Pigs first travelled from their place of birth ‘(1) This section applies to the owner of pigs if— (a) the pigs are to be travelled; and (b) the place of departure for the travel is their place of birth; and (c) the travel is their first travel from their place of birth; and (d) the place of destination for the travel does not have the same PIC as the place of birth. ‘(2) The owner must ensure the pigs bear a permanent tag. ‘(3) The permanent tag may be a pig brand or a pig ear tag. ‘(4) If the pigs bear a pig ear tag, the tag must show the PIC of the place of birth. ‘67C Other travelling of pigs ‘(1) This section applies to the owner of pigs if— (a) the pigs are to be travelled; and (b) the place of departure for the travel is not their place of birth, or the travel is not their first travel from their place of birth; and (c) the place of destination for the travel does not have the same PIC as the place of departure; and (d) either— (i) the pigs did not bear a pig brand or a pig ear tag when they arrived at the place of departure; or (ii) the pigs did bear a pig brand or a pig ear tag when they arrived at the place of departure but they no longer bear that tag. ‘(2) The owner must ensure the pigs bear a permanent tag. ‘(3) The permanent tag may be a pig brand or a pig ear tag. 2008 SL No. 342 Page 17
Stock Legislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Stock Identification Regulation 2005 [s 17] ‘(4) If the pigs bear a pig ear tag, the tag must show the PIC of the place of departure. ‘67D How approved tag must be applied to pigs ‘If this regulation requires an approved tag to be applied to pigs, it must be— (a) if the approved tag is a pig brand—imprinted in the way required under the Brands Act 1915 ; or Note Under the Brands Act 1915 , section 11A(5), a pig brand must be imprinted, by way of a tattoo on each side of the pig, with a branding instrument of an approved type or make and an approved fluid or paste. (b) if the approved tag is a pig ear tag—securely attached to the middle of either ear of the pigs. ‘67E When requirement must be complied with ‘(1) An obligation under this division to apply an approved tag to pigs must be complied with before the relevant travelling of pigs starts. ‘(2) However, if the travel starts from a place outside the State, the requirement applies only when the pigs enter the State. ‘Division 2 When requirements about identification do not apply ‘Subdivision 1 Requirements under division 1 ‘67F Travel without ownership change ‘Division 1 does not apply to pigs to be travelled if the person who owns them when the travel starts continues to own them when they reach the place of destination for the travel. Page 18 2008 SL No. 342
Stock Legislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Stock Identification Regulation 2005 [s 17] ‘67G Temporary travel to neighbouring holding ‘Division 1 does not apply to pigs to be travelled, for ordinary stock management purposes, to and from a neighbouring holding of their place of departure if they are returned to the place of departure within 48 hours. ‘67H Travel to and from sporting event ‘Division 1 does not apply to pigs to be travelled from a holding to a sporting event and then returned to the holding if— (a) no pigs from another holding are present while the pigs are at the sporting event; and (b) the pigs are returned within 48 hours. ‘Subdivision 2 Travel approvals ‘67I Travel under travel approval ‘Pigs the subject of a travel approval travelled to or from the place the subject of the approval need not bear the approved tag the subject of the approval. ‘Part 5B Obligations of owners of travelling sheep ‘Division 1 Preliminary ‘67J Operation of pt 5B ‘(1) This part imposes obligations on the owners of sheep that are to be travelled. 2008 SL No. 342 Page 19
Stock Legislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Stock Identification Regulation 2005 [s 17] ‘(2) Generally, the obligations are those under division 2. ‘(3) However, the obligations apply subject to division 3. ‘67K How approved tag must be applied to sheep ‘If this regulation requires an approved tag to be applied to sheep, it must be securely attached to either ear. ‘67L When obligation to apply an approved tag must be complied with ‘(1) Subject to subsections (2) and (3), an obligation under this part to apply an approved tag to sheep must be complied with before the relevant travelling of the sheep starts. ‘(2) If— (a) the sheep are travelled from a place (the place of origin ) to a neighbouring holding of the place of origin and, within 48 hours after their arrival at the holding, are further travelled to another place (the final destination ); and (b) the purpose of the travel to the neighbouring holding is to comply, at the holding, with the obligation to apply an approved tag for their travel from the place of origin to the final destination; the obligation may be complied with before the sheep leave the neighbouring holding. ‘(3) If the travel starts from a place outside the State, the obligation to apply an approved tag applies only when the sheep enter the State. ‘Division 2 Identification requirements ‘67M Sheep first travelled from their place of birth ‘(1) This section applies to the owner of sheep if— Page 20 2008 SL No. 342
Stock Legislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Stock Identification Regulation 2005 [s 17] (a) the sheep are to be travelled; and (b) the place of departure for the travel is their place of birth; and (c) the travel is their first travel from their place of birth; and (d) the place of destination for the travel does not have the same PIC as the place of birth. ‘(2) The owner must ensure the sheep bear the required permanent tag and that the tag shows the PIC of the place of birth. ‘(3) In this section— required permanent tag means— (a) if the place of birth is registered—a breeder tag; (b) if the place of birth is not registered—a district breeder tag. ‘67N Other travelling of sheep ‘(1) This section applies to the owner of sheep if— (a) the sheep are to be travelled; and (b) the place of departure for the travel is not their place of birth, or the travel is not their first travel from their place of birth; and (c) the place of destination for the travel does not have the same PIC as the place of departure; and (d) either— (i) the sheep did not bear a permanent tag when they arrived at the place of departure; or (ii) the sheep did bear a permanent tag when they arrived at the place of departure but they no longer bear the tag. ‘(2) The owner must ensure the sheep bear the required permanent tag and that the tag shows the PIC of the place of departure. 2008 SL No. 342 Page 21
Stock Legislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Stock Identification Regulation 2005 [s 17] ‘(3) In this section— required permanent tag means— (a) if the place of departure is registered—a post breeder tag; (b) if the place of departure is not registered—a district post breeder tag. ‘Division 3 When requirements about identification do not apply ‘Subdivision 1 Requirements under division 2 ‘67O Particular meat processing facility sales ‘Division 2 does not apply to sheep to be travelled for sale to a meat processing facility if— (a) the place of departure for the travel is the place of birth of the sheep; and (b) the sheep are taken directly from the place of departure to the facility; and (c) the sheep are not mixed with other sheep from when they leave the place of departure for the travel until they are slaughtered at the facility; and (d) the travel is by a load that is at least 4 deck loads of sheep of the same class for slaughter. ‘67P Temporary travel to neighbouring holding ‘Division 2 does not apply to sheep to be travelled, for ordinary stock management purposes, to and from a neighbouring holding of their place of departure if they are returned to the place of departure within 48 hours. Page 22 2008 SL No. 342
Stock Legislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Stock Identification Regulation 2005 [s 17] Examples of ordinary stock management purposes for sheep crutching and shearing ‘67Q Travel to and from sporting event ‘Division 2 does not apply to sheep to be travelled from a holding to a sporting event and then returned to the holding if— (a) no designated stock of the same species from another holding are present while the sheep are at the sporting event; and (b) the sheep are returned within 48 hours. ‘Subdivision 2 Travel approvals ‘67R Travel under travel approval ‘Sheep the subject of a travel approval travelled to or from the place the subject of the approval need not bear the approved tag the subject of the approval. ‘Part 5C Travel approvals for cattle, goats, pigs or sheep ‘67S Power to grant travel approval ‘(1) The chief inspector may grant an approval (a travel approval ) for particular stock that are cattle, goats, pigs or sheep travelled, or to be travelled, to or from a particular registered place not to bear a particular approved tag or to be untagged for the travel. ‘(2) However, a travel approval may be granted only if an application for the approval has been made under this part. 2008 SL No. 342 Page 23
Stock Legislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Stock Identification Regulation 2005 [s 17] ‘67T Who may apply ‘An owner of the stock or of the registered place may apply for the travel approval. ‘67U Requirements for application ‘The application must— (a) be in the approved form; and (b) state the proposed period of, and the stock proposed to be subject to, the travel approval; and (c) demonstrate how, if the travel approval is granted, the stock will still be able to be traced under NLIS. Example of how paragraph (c) may be complied with The application is proposed to be made by the owner of a registered saleyard for all cattle travelled to or from the saleyard. Paragraph (c) may be complied with by showing that the saleyard has electronic readers or other facilities that are adequate to ensure part 6 will be complied with for all of the cattle. ‘67V Deciding application ‘(1) The chief inspector may grant the travel approval sought in the application only if satisfied the stock proposed to be subject to the approval will still be traceable under NLIS. ‘(2) Otherwise, the chief inspector must refuse to grant the travel approval. ‘(3) The travel approval may be granted for— (a) a particular period or no particular period; or (b) particular stock, or all stock, travelled to or from the place the subject of the travel approval. ‘(4) The chief inspector may impose conditions on the travel approval. ‘(5) If the chief inspector decides to refuse to grant the travel approval, or to impose conditions on the approval, the chief Page 24 2008 SL No. 342
Stock Legislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Stock Identification Regulation 2005 [s 18] inspector must give the applicant an information notice about the decision.’. 18 Amendment of s 76 (Obligation to notify) Section 76(1)(a) ‘cattle or sheep’— omit, insert— ‘cattle, goats, pigs or sheep’. 19 Amendment of s 77 (Application of sdiv 2) Section 77, ‘cattle or sheep’— omit, insert— ‘cattle, goats, pigs or sheep’. 20 Replacement of s 78 (Obligation to ensure cattle or sheep bear a saleyard post-breeder tag) Section 78— omit, insert— ‘78 Obligation to ensure cattle, goats, pigs or sheep bear a saleyard post-breeder tag ‘The selling agent must ensure the cattle, goats, pigs or sheep bear a saleyard post-breeder tag that shows the PIC of the saleyard before they leave the saleyard.’. 21 Amendment of s 79 (Record-making and notification obligations) Section 79(2), ‘sheep’— omit, insert— ‘goats, pigs or sheep’. 2008 SL No. 342 Page 25
Stock Legislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Stock Identification Regulation 2005 [s 22] 22 Amendment of s 81 (Obligation not to mix untagged cattle or sheep with other animals) Section 81, ‘cattle or sheep’— omit, insert— ‘cattle, goats, pigs or sheep’. 23 Amendment of s 82 (Obligations relating to unlawfully untagged cattle or sheep) Section 82, ‘cattle or sheep’— omit, insert— ‘cattle, goats, pigs or sheep’. 24 Amendment of s 83 (Record-keeping obligations) Section 83, ‘cattle or sheep’— omit, insert— ‘cattle, goats, pigs or sheep’. 25 Amendment of s 84 (Application of sdiv 4) Section 84, from ‘if—’— omit, insert— ‘if untagged cattle, goats, pigs or sheep arrive at a live export holding.’. 26 Amendment of s 85 (Obligation to find out PIC of last farm, feedlot or station of cattle or sheep) Section 85, ‘cattle or sheep’— omit, insert— ‘cattle, goats, pigs or sheep’. Page 26 2008 SL No. 342
Stock Legislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Stock Identification Regulation 2005 [s 27] 27 Amendment of s 86 (Obligation to apply tag to unlawfully untagged cattle or sheep) (1) Section 86, ‘cattle or sheep’— omit, insert— ‘cattle, goats, pigs or sheep’. (2) Section 86(1)(a) and (b)— omit, insert ‘(a) for cattle, goats or sheep—a post-breeder tag; or (b) for pigs—a permanent tag.’. (3) Section 86(2), ‘transaction tag or post-breeder tag show’— omit, insert ‘tag shows’. 28 Amendment of s 87 (Record-making and notification obligations) Section 87(1), ‘cattle or sheep’— omit, insert— ‘cattle, goats, pigs or sheep’. 29 Amendment of s 88 (Record-keeping obligations) Section 88, ‘cattle or sheep’— omit, insert— ‘cattle, goats, pigs or sheep’. 30 Amendment of s 89 (Obligation of person in charge to apply permanent tag to unlawfully untagged cattle or sheep) (1) Section 89, ‘cattle or sheep’— omit, insert— 2008 SL No. 342 Page 27
Stock Legislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Stock Identification Regulation 2005 [s 31] ‘cattle, goats, pigs or sheep’. (2) Section 89(3), ‘apply a post-breeder tag’— omit, insert ‘apply— (a) for cattle, goats or sheep—a post-breeder tag; or (b) for pigs—a permanent tag.’. (3) Section 89(4), ‘post-breeder’— omit. 31 Omission of pt 8, divs 1 and 2 Part 8, divisions 1 and 2— omit. 32 Omission of pt 8, div 3 hdg (Miscellaneous provisions) Part 8, division 3, heading— omit. 33 Amendment of schedule (Dictionary) (1) Schedule, definitions first travel from place of birth and tag omit . (2) Schedule— insert depot-tagged goats see section 59(5). directly , for the travel of stock, means that the stock are not unloaded before they reach the place of destination for the travel. farmed goats means farmed goats within the meaning of section 60. Page 28 2008 SL No. 342
Stock Legislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Stock Identification Regulation 2005 [s 33] first travel , from the place of birth of cattle, goats or sheep to be travelled, does not include their first travel mentioned in section 45(2), 58(2) or 67L(2) from their place of birth to a neighbouring holding. goat tattoo see section 28(a)(vi). pig brand see section 28(a)(vii). pig ear tag see section 28(a)(viii). place of farming , for feral goats that become farmed goats, see section 60(4). pure farmed goat see section 60(2). tag 1 Generally, a tag is a tag that is, or includes an electronic microchip or an inert, or any other type of device, to identify designated stock, from which microchip or device information is capable of being reproduced. Example an electronic rumen bolus 2 For goats, a tag also includes an imprinted ear tattoo. 3 For pigs, a tag also includes a pig brand under the BrandsAct1915 imprinted by way of a tattoo, under that Act. travel approval see section 67S(1).’. (3) Schedule, definition apply , paragraph (b)— omit, insert ‘(b) for goats—means to attach the tag to them or imprint it on them in the way provided for under section 57; or (c) for pigs—means to attach the tag to them or imprint it on them in the way provided for under section 67D; or (d) for sheep—means to attach the tag to them in the way provided for under section 67K.’. (4) Schedule, definition bear , paragraph 2— 2008 SL No. 342 Page 29
Stock Legislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Stock Identification Regulation 2005 [s 33] omit, insert ‘2 Goats bear an approved tag if an approved tag has been attached to them in the way provided for under section 57. 3 Pigs bear an approved tag if an approved tag has been attached to or imprinted on them in the way provided for under section 67D. 4 Sheep bear an approved tag if an approved tag has been attached to them in the way provided for under section 67K.’. (5) Schedule, definition deck load , ‘cattle’— omit, insert ‘cattle, goats or sheep’. (6) Schedule, definition lawfully untagged , paragraph (a), subparagraphs (ii) and (iii)— omit, insert ‘(ii) part 5, division 3; (iii) part 5A, division 2; (iv) part 5B, division 3.’. (7) Schedule, definition unlawfully untagged , from ‘circumstance under’— omit, insert ‘circumstance under any of the following provisions applies to the requirement— (a) part 4, division 3; (b) part 5, division 3; (c) part 5A, division 2; (d) part 5B, division 3.’. Page 30 2008 SL No. 342
Stock Legislation Amendment Regulation (No. 1) 2008 ENDNOTES 1 Made by the Governor in Council on 16 October 2008. 2 Notified in the gazette on 17 October 2008. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Primary Industries and Fisheries. © State of Queensland 2008 Page 31 2008 SL No. 342
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