Untitled document

Prevention of Cruelty to Animals (Rodeos) Regulations 2005

S.R. No. 121/2005

TABLE OF PROVISIONS

Regulation  Page

1.Objective

2.Authorising provision

3.Commencement

4.Principal Regulations

5.Rodeo permits

6.Requirements for the operation of rodeos and rodeo schools

7.Substitution of Schedules 2, 3, 4 and 5

SCHEDULE 2—Application for a Permit to Operate a Rodeo

SCHEDULE 3—Permit to Operate a Rodeo

SCHEDULE 4—Application for a Permit to Operate a Rodeo School

SCHEDULE 5—Permit to Operate a Rodeo School

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ENDNOTES

STATUTORY RULES 2005

S.R. No. 121/2005

Prevention of Cruelty to Animals Act 1986

Prevention of Cruelty to Animals (Rodeos) Regulations 2005

The Lieutenant-Governor as the Governor's Deputy with the advice of the Executive Council makes the following Regulations:

Dated: 27 September 2005

Responsible Minister:

BOB CAMERON
Minister for Agriculture

RUTH LEACH

Clerk of the Executive Council

1.Objective

The objective of these Regulations is to amend the Prevention of Cruelty to Animals Regulations 1997 in relation to the operation of rodeos and rodeo schools as a consequence of amendments made to the Prevention of Cruelty to Animals Act 1986.

2.Authorising provision

These Regulations are made under section 42 of the Prevention of Cruelty to Animals Act 1986.

3.Commencement

These Regulations come into operation on 29 September 2005.

4.Principal Regulations

In these Regulations, the Prevention of Cruelty to Animals Regulations 1997[1] are called the Principal Regulations.

5.Rodeo permits

In regulation 8 of the Principal Regulations, for "conduct" (where twice occurring) substitute "operate".

6.Requirements for the operation of rodeos and rodeo schools

(1)For the heading to regulation 10 of the Principal Regulations substitute—

"Requirements for the operation of rodeos and rodeo schools".

(2)For regulations 10(1), 10(2), 10(3) and 10(4) of the Principal Regulations substitute—

"(1)A person who proposes to operate a rodeo must, in the application for a permit—

(a)nominate a veterinary practitioner who will attend the rodeo in accordance with the conditions of the permit; and

(b)specify the name of an organisation approved by the Minister by which the person is accredited.

(2)A person must not operate a rodeo using any animals except those provided by the permit holder.

(3)A person who proposes to operate a rodeo school must, in the application for a permit—

(a)nominate a veterinary practitioner who will attend the rodeo school in accordance with the conditions of the permit; and

(b)specify the name of an organisation approved by the Minister by which the person is accredited; and

(c)nominate an instructor-in-charge who is accredited by the organisation; and

(d)for each class of instruction, nominate an instructor who is accredited by the organisation.

(4)A person must not operate a rodeo school using any animals except those provided by the permit holder.".

7.Substitution of Schedules 2, 3, 4 and 5

For Schedules 2, 3, 4 and 5 to the Principal Regulations substitute—

'SCHEDULE 2

Regulation 8(1)

Prevention of Cruelty to Animals Regulations 1997

APPLICATION FOR A PERMIT TO OPERATE A RODEO

I,

(Name in full)

of

(Residential address, including contact phone number)

apply for a permit to operate a rodeo to be held at:

(Location)

Program events:

(List all events.  If insufficient space, attach list)

Commencing Date:                  Time:                 am/pm.

Finishing Date:  Time:                 am/pm.

I nominate:

(Name of veterinary practitioner)

of

(Address)

as the veterinary practitioner to be in attendance during any event that includes buck jumping, rough-riding, animal dogging, roping or tying.

Name of organisation that I am accredited by:

I declare that if a permit is issued in respect of this application I agree to supply all stock to be used at the rodeo and to be held responsible for the management of all stock and to undertake to exercise due care to—

(a)operate the rodeo in accordance with the conditions contained in the permit; and

(b)provide conditions and facilities for animals at the rodeo which conform to the conditions contained in the permit.

Date:  Signature of applicant:

__________________

SCHEDULE 3

Regulation 8(2)

Prevention of Cruelty to Animals Regulations 1997

PERMIT TO OPERATE A RODEO

Subject to the conditions set out below in Part A of this permit, permission is granted to:

(Name in full)

(Address)

to operate a rodeo at:

(Location)

on:

(Dates)

between the hours of  and

Nominated veterinary practitioner in attendance at rodeo:

Date:

PART A—CONDITIONS OF PERMIT

(1)This permit must be produced on demand to an inspector within the meaning of section 18 of the Prevention of Cruelty to Animals Act 1986.

(2)The rodeo must not commence or continue unless the nominated veterinary practitioner and the permit holder are in attendance at the rodeo during any event that includes buck jumping, rough-riding, animal dogging, roping or tying.

(3)Animals other than cattle and horses are not permitted to take part in the rodeo.

(4)Cattle and horses must be penned separately in the yards and aggressive or injured animals must be isolated from other animals.

(5)Mares with foals at foot or cows with calves at foot must not be yarded or used in connection with a rodeo.

(6)An animal that weighs less than 200 kilograms must not be permitted to take part in the rodeo.

(7)An animal that is lame, sick, injured or has defective eyesight must not be permitted to take part in the rodeo.

(8)The permit holder must—

(a)supply all the stock to be used in the rodeo; and

(b)provide adequate food, water and shelter for all stock involved in the rodeo; and

(c)take responsibility for the management of all stock; and

(d)accept and implement the instructions of the nominated veterinary practitioner in attendance in relation to the fitness or otherwise of any animal taking part and the decision of that veterinary practitioner in relation to the need for the treatment or destruction of any sick or injured animal.

(9)An electric charge must not be used in connection with the movement or herding of an animal other than by means of a battery-loaded device known as a "Cattle Prodder".  The "Cattle Prodder" must be used only on the hip or shoulder areas of the animal.

(10)A stimulant or hypnotic substance must not be used on, or provided to, an animal that is to take part in the rodeo.

(11)A flank strap must incorporate a quick-release device that is lined to effectively prevent injury or undue discomfort to the animal.  Sharp or cutting objects must not be used in a cinch, saddle, girth or flank strap.

(12)Paddles, fully-locked rowels or rowels that are capable of being fully-locked on spurs must not be used on a horse.  Loose ropes must not be used on any animal in bareback riding events.

(13)The arena must be free of rocks, holes and obstacles.

(14)Small animals or pets are not permitted in the arena.

(15)An animal must be immediately removed from the arena after completing an event.

(16)An animal that is injured in the arena must be removed by a conveyance if the animal is unable to walk.  A suitable conveyance must be available for this purpose at all times during the rodeo.

(17)Mobile screens must be available at all times during the rodeo and, if it is necessary to destroy an injured animal, the screens must be placed around the animal to effectively screen the incident from public view before the animal is destroyed, unless this would unduly prolong the suffering of the animal.

(18)Chutes must be constructed in a manner that will prevent injury to an animal.

(19)A sufficient number of persons must be stationed at the chute to remove or release any animal that becomes caught.

(20)An animal in the chute that becomes excessively excited or in any way appears to be in danger of injury must be immediately released.

(21)The use of fireworks is prohibited at the rodeo while any stock are in the arena.

(22)Entertainers, such as clowns, must not be permitted to abuse, tease or torment in any manner whatsoever, any animal taking part in the rodeo.

(23)A person under the influence of liquor or drugs must not be permitted to take part in any rodeo event or to handle animals in the holding yards, chute or arena.

PART B—INFORMATION

Your attention is drawn to the fact that the Minister is authorised by the Prevention of Cruelty to Animals Act 1986 to vary or cancel this permit.  This permit may be cancelled if the holder contravenes the Act or these Regulations or any conditions set out in Part A.

__________________

SCHEDULE 4

Regulation 9(1)

Prevention of Cruelty to Animals Regulations 1997

APPLICATION FOR A PERMIT TO OPERATE A RODEO SCHOOL

I,

(Name in full)

of

(Residential address)

apply for a permit to operate a rodeo school to be held at

(Location)

Rodeo events in which classes will be conducted:

(List all events. If insufficient space, attach list.)

Dates on which the rodeo school will be held:

Date:  Time from:                 to:

Date:  Time from:                 to:

(If insufficient space, attach list.)

I nominate:

(Name of veterinary practitioner)

of:

(Address)

as the veterinary practitioner who will attend the rodeo school, and be available to inspect stock, before the commencement of the school, during the operation of the school and at the conclusion of the school.

Name of organisation that I am accredited by:

I nominate the following instructor/s for each class of instruction:

Event  Instructor

I nominate the following instructor as the instructor-in-charge:

(Name of instructor)

Name of organisation that has accredited each instructor:

I declare that if a permit is issued in respect of this application I agree to supply all stock to be used at the rodeo school and to be held responsible for the management of all stock and to undertake to exercise due care to—

(a)operate the rodeo school in accordance with the conditions contained in the permit; and

(b)provide conditions and facilities for animals at the rodeo school which conform to the conditions contained in the permit.

Date:                Signature of applicant:

__________________

SCHEDULE 5

Regulation 9(2)

Prevention of Cruelty to Animals Regulations 1997

PERMIT TO OPERATE A RODEO SCHOOL

Subject to the conditions set out below in Part A of this permit, permission is granted to:

(Name in full)

(Address)

to operate a rodeo school at:

(Location)

at the following times and dates:

Nominated veterinary practitioner in attendance at rodeo school:

Nominated instructors:

Nominated instructor-in-charge:

Date:

PART A—CONDITIONS OF PERMIT

(1)This permit must be produced on demand to an inspector within the meaning of section 18 of the Prevention of Cruelty to Animals Act 1986.

(2)The rodeo school must not commence unless the nominated veterinary practitioner and the permit holder are in attendance at the commencement of the school.

(3)The nominated veterinary practitioner must attend the rodeo school and be available to inspect stock before the commencement of the school, during the operation of the school and at the conclusion of the school.

(4)Animals other than cattle and horses are not permitted to be used for instruction at the rodeo school.

(5)Cattle and horses must be penned separately in the yards and aggressive or injured animals must be isolated from other animals.

(6)Mares with foals at foot or cows with calves at foot must not be yarded or used in connection with a rodeo school.

(7)An animal that weighs less than 200 kilograms must not be permitted to be used for instruction at the rodeo school.

(8)An animal that is lame, sick, injured or has defective eyesight must not be permitted to take part in the rodeo school.

(9)The permit holder must—

(a)provide all stock used at the rodeo school;

(b)provide adequate food, water and shelter for all stock involved in the rodeo school; and

(c)take responsibility for the management of all stock; and

(d)accept and implement the instructions of the nominated veterinary practitioner in attendance in relation to the fitness or otherwise of any animal taking part and the decision of that veterinary practitioner in relation to the need for the treatment or destruction of any sick or injured animal.

(10)An electric charge must not be used in connection with the movement or herding of an animal other than by means of a battery-loaded device known as a "Cattle Prodder".  The "Cattle Prodder" must be used only on the hip or shoulder areas of the animal.

(11)A stimulant or hypnotic substance must not be used on, or provided to, an animal that is to take part in the rodeo school.

(12)A flank strap must incorporate a quick-release device that is lined to effectively prevent injury or undue discomfort to the animal.  Sharp or cutting objects must not be used in a cinch, saddle, girth or flank strap.

(13)Paddles, fully-locked rowels or rowels that are capable of being fully-locked on spurs must not be used on a horse.  Loose ropes must not be used on any animal in bareback riding instruction at the rodeo school.

(14)The training area must be free of rocks, holes and obstacles.

(15)Small animals or pets are not permitted in the training area.

(16)An animal that is injured in the training area must be removed by a conveyance if the animal is unable to walk.  A suitable conveyance must be available for this purpose at all times during the rodeo school.

(17)Chutes must be constructed in a manner that will prevent injury to an animal.

(18)A sufficient number of persons must be stationed at the chute to remove or release any animal that becomes caught.

(19)An animal in the chute that becomes excessively excited or in any way appears to be in danger of injury must be immediately released.

(20)The use of fireworks is prohibited at the rodeo school.

(21)A person under the influence of liquor or drugs must not be permitted to take part in any rodeo school or to handle animals in the holding yards, chute or training area.

PART B—PART INFORMATION

Your attention is drawn to the fact that the Minister is authorised by the Prevention of Cruelty to Animals Act 1986 to vary or cancel this permit.  This permit may be cancelled if the holder contravenes the Act or these Regulations or any conditions set out in Part A.

__________________'.

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ENDNOTES

[1] Reg. 4: S.R. No. 159/1997.  Reprint No. 1 as at 1 November 2002.  Reprinted to S.R. No. 65/2001.  Subsequently amended by S.R. Nos 23/2004, 63/2004, 64/2004 and 70/2005.