Australian Meat and Live-stock Industry (Export of Cattle) Amendment Order 1999 (No LC1/99)

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Australian Meat and Live-stock Industry (Export of Cattle) Amendment Order 1999 (No.  LC1/99)

I, GEOFFREY CHARLES GORRIE, Acting Secretary to the Department of Agriculture, Fisheries and Forestry, make this order under section 17 of the Australian Meat and Live-stock Industry Act 1997.

Dated this 24th day of November 1999.

GEOFFREY CHARLES GORRIE

Acting Secretary to the Department of Agriculture, Fisheries and Forestry

 

Australian Meat and Live-stock Industry (Export of Cattle) Amendment Order 1999 (No.  LC1/99)1

made under the

Australian Meat and Live-stock Industry Act 1997

 

 

 

Contents

 Page

 1  Name of Order 2

 2  Commencement 2

 3   Amendment of Order No LC2/98 3

Schedule 1   Amendment of Order No. LC2/98 3             

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1 Name of order

  This order is the Australian Meat and Live-stock Industry (Export of Cattle) Amendment Order 1999 (No.  LC1/99).

2 Commencement

  This order commences on gazettal.

3 Amendment of Australian Meat and Live-stock Industry (Export of Cattle) Orders 1998

  Schedule 1 amends the Australian Meat and Live-stock Industry (Export of Cattle) Orders 1998 (No. LC2/98).

Schedule 1 Amendments

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(section 3)

[1] Clause 3, definitions of animal house, AQIS, AQIS certifying officer, competent stock attendant, LEAP, LIVECORP, master, maximum number of cattle, parallel and pen area available

omit

[2] Section 4

substitute

4 Export during northern summer of cattle from Australian ports south of 26th parallel

 (1) This clause applies to the export of cattle by a licensee:

 (a) from a port in Australia south of 26 south latitude (except export to South East Asia or Japan); and

 (b) during May, June, July, August, September or October.

 (2) The licensee must not export cattle:

 (a) intended for slaughter; and

 (b) for an individual animal — over 500 kg live weight when it is loaded.

 (3) The licensee must not, without the written consent of the Secretary, export cattle:

 (a) intended for breeding; and

 (b) for an individual animal — over 500 kg live weight when it is loaded.

 (4) The licensee must not, without the written consent of the Secretary, export cattle;

 (a) intended for breeding or slaughter, and

 (b) for an individual animal — under 150 kg live weight when it is loaded.

 (5) When deciding whether to approve the export of breeding cattle under subclause (3) or (4) the Secretary must give priority to the welfare of the cattle.

 (6) For each consignment of cattle, the average floor area per animal (excluding spare pens) in an area of the ship where animals are housed must be at least the amount worked out under the following table.

 

Average weight per head of cattle (kg)

Minimum floor area per head (m2)

Average weight per head of cattle (kg)

Minimum floor area per head (m2)

150–200

0.847

280

1.146

205

0.866

285

1.165

210

0.8844

290

1.184

215

0.903

295

1.203

220

0.922

300

1.221

225

0.941

305

1.240

230

0.959

310

1.258

235

0.978

315

1.277

240

0.997

320

1.296

245

1.016

325

1.315

250

1.034

330

1.333

255

1.053

335

1.352

260

1.071

340

1.371

265

1.090

345

1.390

270

1.109

350

1.408

275

1.128

355

1.427

 

Average weight per head of cattle (kg)

Minimum floor area per head (m2)

Average weight per head of cattle (kg)

Minimum floor area per head (m2)

360

1.445

435

1.805

365

1.464

440

1.824

370

1.483

445

1.844

375

1.502

450

1.863

380

1.520

455

1.883

385

1.539

460

1.902

390

1.558

465

1.922

395

1.613

470

1.941

400

1.668

475

1.961

405

1.688

480

1.980

410

1.707

485

2.000

415

1.727

490

2.019

420

1.746

495

2.039

425

1.766

500

2.059

430

1.785

 

 

  (7) If the average weight per head of cattle is not a weight mentioned in the table, the minimum floor area per head is the area mentioned for an average weight rounded up to the nearest 5 kg.

 (8) Breeding cattle of over 500 kg live weight must:

 (a) be penned separately from other cattle; and

 (b) each have a minimum pen area of 2.059 m2 plus 0.02 m2 for each 5 kg over 500 kg.

 (9) Slaughter or breeding cattle under 150 kg live weight must be penned separately from other cattle.

5 Export during northern winter of cattle from Australian ports south of 26th parallel

 (1) This clause applies to the export of cattle by a licensee:

 (a) from a port in Australia south of 26 south latitude (except export to South East Asia or Japan); and

 (b) during November, December, January, February, March or April.

 (2) The licensee must not export cattle:

 (a) intended for slaughter; and

 (b) for an individual animal — over 550 kg live weight when it is loaded.

 (3) The licensee must not, without the written consent of the Secretary, export cattle:

 (a) intended for breeding; and

 (b) for an individual animal — over 550 kg live weight when it is loaded.

 (4) The licensee must not, without the written  consent of the Secretary, export cattle:

 (a) intended for breeding or slaughter, and

 (b) for an individual animal — under 150 kg live weight when it is loaded.

  (5) When deciding whether to approve the export of cattle under subclause (3) or (4), the Secretary must give priority to the welfare of the cattle.

 (6) For each consignment of cattle, the average floor area per animal (excluding spare pens) in an area of the ship where animals are housed must be at least the amount worked out under the following table.

 

Average weight per head of cattle (kg)

Minimum floor  area per head (m2)

Average weight per head of cattle (kg)

Minimum floor  area per head (m2)

150-200

0.770

305

1.127

205

0.787

310

1.144

210

0.804

315

1.161

215

0.821

320

1.178

220

0.838

325

1.195

225

0.855

330

1.212

230

0.872

335

1.229

235

0.889

340

1.246

240

0.906

345

1.263

245

0.923

350

1.280

250

0.940

355

1.297

255

0.957

360

1.314

260

0.974

365

1.331

265

0.991

370

1.348

270

1.008

375

1.365

275

1.025

380

1.382

280

1.042

385

1.399

285

1.059

390

1.416

290

1.076

395

1.433

295

1.093

400

1.450

300

1.110

405

1.467

 

Average weight per head of cattle (kg)

Minimum floor  area per head (m2)

Average weight per head of cattle (kg)

Minimum floor  area per head (m2)

410

1.484

485

1.775

415

1.501

490

1.827

420

1.518

495

1.880

425

1.535

500

1.932

430

1.552

505

1.984

435

1.569

510

2.035

440

1.586

515

2.086

445

1.603

520

2.137

450

1.620

525

2.157

455

1.637

530

2.176

460

1.654

535

2.196

465

1.671

540

2.215

470

1.688

545

2.235

475

1.705

550

2.255

480

1.722

 

 

  (7) If the average weight per head of cattle is not a weight mentioned in the table, the minimum floor area per head is the area mentioned for an average weight rounded up to the nearest 5 kg.

 (8) Slaughter or breeding cattle of over 500 kg live weight must be penned separately from other cattle.

 (9) Breeding cattle of over 550 kg live weight must each have a minimum pen area of 2.255 m2  plus 0.02 m2 for each 5 kg over 550 kg.

 (10) Slaughter or breeding cattle under 150 kg live weight must be penned separately from other cattle.

 

6 Reconsideration and review of certain decisions

 (1) If the Secretary refuses to consent to the export of cattle mentioned in subclause 4 (3), 4 (4), 5 (3) or 5 (4), the licensee who sought the consent may ask the Secretary to reconsider the decision.

 (2) A request for reconsideration must:

 (a) be in writing; and

 (b) set out the reasons why the Secretary should reconsider the decision; and

 (c) be given to the Secretary within 14 days after the licensee is told in writing of the decision.

 (3) After reconsidering a decision, the Secretary must either:

 (a) confirm the original decision; or

 (b) substitute another decision for it.

 (4) If the Secretary does not tell the licensee in writing of the result of the reconsideration within 21 days of receiving the request, the Secretary is taken to have confirmed the original decision.

 (5) If the Secretary decides to substitute another decision for the original decision, the later decision replaces the original decision for all purposes.

 (6) The licensee may apply to the Administrative Appeals Tribunal for review of the Secretary’s decision on reconsideration.

Note

1. Made by the Acting Secretary to the Department of Agriculture, Fisheries and Forestry on 24th November 1999.                        .

Overview

The Australian Meat and Live-stock Industry (Export of Cattle) Amendment Order 1999 (No. LC1/99) was enacted to address specific concerns regarding the welfare and export conditions of cattle, particularly during different seasons. This legislative instrument was made under the Australian Meat and Live-stock Industry Act 1997 by Geoffrey Charles Gorrie, the Acting Secretary to the Department of Agriculture, Fisheries and Forestry. The primary policy objective of this amendment is to ensure the welfare of cattle during export, by imposing restrictions on the weight and conditions under which cattle can be exported, particularly during the northern summer and winter months. This includes specific stipulations on the minimum floor area per animal on ships and the separation of breeding and slaughter cattle based on their weight.

Scope and Application

The Australian Meat and Livestock Industry (Export of Cattle) Amendment Order 1999 (No. LC1/99) applies to the export of cattle by a licensee from Australian ports south of the 26th parallel during specified periods, excluding exports to Southeast Asia or Japan. This order amends previous legislation to impose certain restrictions on the export of cattle intended for slaughter or breeding, based on the season and the weight of the cattle. Specifically, it prohibits the export of cattle weighing over 500 kg during the northern summer and over 550 kg during the northern winter, as well as those weighing under 150 kg at any time. It also requires that certain minimum floor areas per animal are maintained during transport and that heavier breeding cattle must be penned separately from other cattle. The order is subject to reconsideration and review by the Secretary and the Administrative Appeals Tribunal. The order is made under the Australian Meat and Livestock Industry Act 1997 and applies nationally, with the specific geographic scope being ports south of 26 south latitude in Australia.

Key Provisions

The Australian Meat and Livestock Industry (Export of Cattle) Amendment Order 1999 (No. LC1/99) amends the Australian Meat and Livestock Industry (Export of Cattle) Orders 1998 (No. LC2/98). This order sets out the rules for the export of cattle from Australian ports south of the 26th parallel, with specific provisions for exports during the northern summer and northern winter. Section 4 of the order governs the export of cattle during the northern summer months (May to October). It prohibits the export of cattle intended for slaughter if they weigh over 500 kg live weight when loaded onto the vessel. Additionally, it prohibits the export of cattle intended for breeding over 500 kg live weight unless the Secretary has given written consent. For breeding or slaughter cattle under 150 kg live weight, the Secretary must also provide written consent before export is permitted. The Secretary must consider the welfare of the cattle when making these decisions. The order mandates minimum floor space per animal, varying with the average weight of the cattle, to ensure animal welfare during transport. The Act imposes several obligations on licensees exporting cattle from Australian ports south of the 26th parallel. Firstly, they must adhere to the weight restrictions for cattle intended for slaughter and breeding, as outlined in sections 4 and 5. Secondly, they must ensure that the floor space per animal meets the specified minimums, as detailed in the provided tables within the order. Additionally, licensees must pen breeding and slaughter cattle of specific weights separately from other cattle. These requirements are intended to protect the welfare of the animals during transportation. Breaches of the provisions set out in this order may result in civil or criminal penalties. The specific penalties are not detailed in the order itself but would be governed by the broader legislative framework under which this order is made, such as the Australian Meat and Livestock Industry Act 1997. Violators could face fines or other sanctions as determined by the relevant authorities. Non-compliance with animal welfare requirements could also result in legal action, including potential criminal charges if the breach is deemed severe enough.

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Animal Law
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