Prevention of Cruelty to Animals Act 1979 PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - Made under the Prevention of Cruelty to Animals Act 1979 - As at 25 September 2009 - Reg 523 of 2006 TABLE OF PROVISIONS TABLE OF PROVISIONS PART 1 - PRELIMINARY 1. Name of Regulation 2. Commencement 3. Definitions and notes PART 2 - PROVISIONS RELATING TO CONFINEMENT, CARRIAGE AND USE OF ANIMALS 4. Prescribed manner in which pinioning of bird is permitted 5. Prescriptions relating to provision of food or shelter for stock animals 6. Prescribed circumstances in which tail docking is permitted 7. Prescribed circumstances in which “debarking” is permitted 8. Prescribed circumstances in which “declawing” is permitted 9. Particulars of certain procedures to be recorded 10. Prescribed types of electrical devices and prescribed species 11. Exemptions from sections 18, 18A and 20 prohibitions in relation to rodeos 12. Coursing prohibited 13. Exemption from section 21C prohibition on steeplechasing and hurdle racing 14. Prescribed parts of NSW and prescribed traps 15. Conveyance of stock animals 16. (Repealed) 17. Use of animals in films and theatrical performances PART 2A - CONFINEMENT OF FOWL FOR EGG PRODUCTION Division 1 - Preliminary 17A. Commencement 17B. Definitions Division 2 - Laying fowl confined in cages 17C. Food and water 17D. Cage floors 17E. Cage height 17F. Cage doors 17G. Multi-deck structure 17H. Stock density 17I. Stocking density—transitional for cages installed before 2001 17J. Determination of average weight of laying fowls Division 3 - Laying fowl confined in non-cage housing 17K. Food and water 17L. Nests 17M. Height of non-cage housing 17N. Multi-level arrangements 17O. Stock density Division 4 - General 17P. Daily welfare inspections 17Q. Offences 17R. Exemption for laying fowl not more than 60 hours old PART 3 - PROVISIONS RELATING TO ANIMAL TRADES 18. Prescribed animal trades 19. Animal trades Codes of Practice 20. Conduct of animal trades PART 4 - MISCELLANEOUS 21. Police officers exercising certain powers 22. Assistance to inspectors 23. Penalty notice offences 24. Guidelines relating to the welfare of farm or companion animals 25. Reports of approved charitable organisations 26. Savings provision SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 1 Name of Regulation 1 Name of Regulation This Regulation is the Prevention of Cruelty to Animals (General) Regulation 2006. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 2 Commencement 2 Commencement This Regulation commences on 1 September 2006. Note: This Regulation replaces the Prevention of Cruelty to Animals (General) Regulation 1996 and the Prevention of Cruelty to Animals (Animal Trades) Regulation 1996 both of which are repealed on 1 September 2006 by section 10 (2) of the Subordinate Legislation Act 1989. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 3 Definitions and notes 3 Definitions and notes (1) In this Regulation: "the Act" means the Prevention of Cruelty to Animals Act 1979. "the Department" means the Department of Primary Industries. (2) The notes in the text of this Regulation do not form part of this Regulation. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 4 Prescribed manner in which pinioning of bird is permitted 4 Prescribed manner in which pinioning of bird is permitted For the purposes of section 4 (2A) of the Act, the prescribed manner in which the carrying out of the pinioning of a bird is not an act of cruelty is a manner that complies with the provisions of the document entitled Guidelines for the Pinioning of Birds, as approved on 7 June 1995 by the Animal Welfare Advisory Council, a copy of which is published on the Department’s website. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 5 Prescriptions relating to provision of food or shelter for stock animals 5 Prescriptions relating to provision of food or shelter for stock animals For the purposes of sections 8 (3) and 24I (b) of the Act: (a) ruminant stock animals that, because of drought conditions, are at the relevant time being given, by necessity, supplementary feeding of stored or purchased stock feed are a prescribed class of animal, and (b) 72 hours is the period prescribed for that prescribed class of animal. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 6 Prescribed circumstances in which tail docking is permitted 6 Prescribed circumstances in which tail docking is permitted (1) For the purposes of section 12 (2) of the Act, the prescribed circumstances in which the docking of the tail of a cow, heifer or female calf may be performed are: (a) that it is or will be a dairy cow and that the pastoral and environmental conditions in the place where it is or will be kept are such that there is a likelihood of disease to its udder, and (b) if it is 6 months old or older, that the veterinary practitioner who docks its tail is, before doing so, provided with a statutory declaration stating reasons sufficient to establish the circumstances set out in paragraph (a). (2) For the purposes of section 12 (2) of the Act, it is a prescribed condition, in accordance with which the docking of the tail of a cow, heifer or female calf may be performed, that the tail is docked in such a manner that the tail is left long enough to cover the animal’s vulva. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 7 Prescribed circumstances in which “debarking” is permitted 7 Prescribed circumstances in which “debarking” is permitted For the purposes of section 12 (2) of the Act, the prescribed circumstances in which a dog may be operated on for the purpose of preventing the dog from being able to bark are that the veterinary practitioner who performs the operation is, before doing so, provided with: (a) a copy of an order issued under section 21 of the Companion Animals Act 1998 requiring the owner of the dog to prevent it from barking, and (b) a statutory declaration by the owner of the dog to the effect that, unless the operation is performed, the owner would need to have the dog destroyed so as to comply with the order. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 8 Prescribed circumstances in which “declawing” is permitted 8 Prescribed circumstances in which “declawing” is permitted For the purposes of section 12 (2) of the Act, the prescribed circumstances in which one or more of the claws of a cat may be removed are as follows: (a) in the case of a domestic cat, that the veterinary practitioner who removes the cat’s claws is, before doing so, provided with a statutory declaration to the effect that the cat will be destroyed unless its claws are removed: (i) because the cat is causing unacceptable damage to property with its claws and attempted retraining of the cat has been unsuccessful, or (ii) because the cat has repeatedly killed wildlife, (b) in any other case, that the veterinary practitioner who removes the cat’s claws is, before doing so, provided with a statutory declaration to the effect that the procedure is being requested because of potential damage by the cat to property, persons or animals. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 9 Particulars of certain procedures to be recorded 9 Particulars of certain procedures to be recorded (1) For the purposes of section 12A (1) of the Act, the prescribed form for a register is that: (a) it is in writing, and (b) its pages are consecutively numbered, and (c) it does not form part of any other record relating to clients or animals treated. (2) The prescribed particulars to be recorded in the register are as follows: (a) the full name and residential address of the owner of the animal on which the procedure was carried out, (b) the type of procedure, (c) the justification for the procedure, (d) the date on which the procedure was carried out, (e) a full description of the animal on which the procedure was carried out (including, if such information is available, its age, name, breed and electronic identification information (including identification number), and a description of any distinctive markings), (f) the name of the veterinary practitioner who carried out the procedure. (3) Any statutory declaration (or, in the case of a register kept in electronic form, a copy of any statutory declaration) or copy of an order provided under clause 6, 7 or 8 to the veterinary practitioner who carried out the procedure is to be kept in the register. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 10 Prescribed types of electrical devices and prescribed species 10 Prescribed types of electrical devices and prescribed species For the purposes of the definition of "electrical device" in section 16 (1) of the Act, a type of device listed in Column 1 of Schedule 1 is a prescribed type of electrical device unless it is used for a purpose or in circumstances specified in Column 2 of that Schedule. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 11 Exemptions from sections 18, 18A and 20 prohibitions in relation to rodeos 11 Exemptions from sections 18, 18A and 20 prohibitions in relation to rodeos (1) Any person who: (a) uses any premises, or manages or controls any premises that are used, for the purposes of a rodeo, or (b) receives money for the admission of another person to premises that are used for the purposes of a rodeo, or (c) being an owner of premises, authorises the premises to be used for the purposes of a rodeo, is exempt from the operation of section 18 of the Act in respect of the use of the premises for the purposes of a rodeo, subject to the condition that the rodeo is at all times conducted in accordance with the relevant Code of Practice. (2) Any person who advertises, promotes or takes part in a rodeo is exempt from the operation of sections 18A and 20 of the Act in respect of the advertising, promoting or taking part in the rodeo, subject to the condition that the rodeo is at all times conducted in accordance with the relevant Code of Practice. (3) A person does not lose the benefit of an exemption under this clause because of a failure to comply with the relevant Code of Practice if the failure occurs despite the person having done all that the person could reasonably be expected to have done to comply with that Code. (4) In this clause: "relevant Code of Practice" means the document entitled Code of Practice for the Welfare of Animals Used in Rodeo Events, as approved on 30 April 1988 by the Animal Welfare Advisory Council, a copy of which is published on the Department’s website. "rodeo" means any exhibition, competition, spectacle or display (whether or not conducted for the purpose of gain) involving cattle or horses (but not any other type of animal) which includes any one or more of the following activities: (a) saddle bronc riding, (b) bareback bronc riding, (c) bull riding, (d) steer riding or wrestling, (e) roping and tying of cattle, (f) team roping of cattle or any similar activity involving unbroken horses. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 12 Coursing prohibited 12 Coursing prohibited For the purposes of section 21 (2C) of the Act, all species of animals (other than species commonly used as coursing dogs) are prescribed species. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 13 Exemption from section 21C prohibition on steeplechasing and hurdle racing 13 Exemption from section 21C prohibition on steeplechasing and hurdle racing (1) A person who organises or participates in a steeplechase or hurdle race to which this clause applies is exempt from the operation of section 21C of the Act in relation to that race. (2) This clause applies to a steeplechase or hurdle race that is organised in such a way that no horse in the race can approach or attempt to jump a particular obstacle or hurdle at the same time as any other horse in the race. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 14 Prescribed parts of NSW and prescribed traps 14 Prescribed parts of NSW and prescribed traps (1) For the purposes of section 23 (1) of the Act, the prescribed parts of New South Wales are as follows: (a) the Eastern and Central Division within the meaning of the Crown Lands Act 1989, (b) the Western Division within the meaning of the Crown Lands Act 1989, (c) Lord Howe Island. (2) For the purposes of section 23 (1) of the Act, the prescribed types of trap are the following: (a) traps that are sold under any of the following trade or proprietary names or descriptions: (i) “Lane’s ‘Ace’ Rabbit Trap”, (ii) “Lane’s Dog Trap”, (iii) “Lane’s Round Jaw Wild Dog Trap”, (iv) “Lane’s Dingo Trap”, (v) “Oneida No 14 Steel Trap”, (b) any other trap that is similar in design, construction or manner of operation to any of the traps referred to in paragraph (a) (except for a soft-jawed trap, that is, a trap with steel jaws that are offset and padded). PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 15 Conveyance of stock animals 15 Conveyance of stock animals (1) A person must not: (a) carry or convey a large stock animal in a cage or vehicle, or (b) being a person in charge of a large stock animal, authorise the carriage or conveyance of the animal 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. Maximum penalty: 25 penalty units. (2) In this clause, a reference to a large stock animal is a reference to an animal that belongs to the class of animals comprising cattle, horses, sheep, goats, pigs and deer. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 17 Use of animals in films and theatrical performances 17 Use of animals in films and theatrical performances (1) A person must not use an animal in connection with the production of a film or theatrical performance, or cause or permit an animal to be used in connection with the production of a film or theatrical performance, otherwise than in accordance with the relevant Code of Practice. Maximum penalty: 25 penalty units. (2) A person does not commit an offence under subclause (1) in respect of any failure to comply with the relevant Code of Practice if the failure occurs despite the person’s having done all that he or she could reasonably be expected to have done to comply with that Code. (3) In this clause: "relevant Code of Practice" means the document entitled Code of Practice for the Welfare of Animals in Theatrical Performances, as approved on 3 February 1997 by the Animal Welfare Advisory Council. Note: A copy of the Code of Practice is published on the Department’s website. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 17A Commencement 17A Commencement This Part has effect on and from 1 January 2008. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 17B Definitions 17B Definitions In this Part: "floor area" of a cage includes the area under any egg baffle, manure deflector, drinking nipple or vee-trough for water. "fowl" means a domesticated chicken (Gallus gallus). "laying fowl" means any fowl being bred, kept or used for the purpose of commercial egg production. "non-cage housing", in relation to laying fowl, means any structure, other than a cage, in which the laying fowl are confined (such as a shed). PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 17C Food and water 17C Food and water (1) A person must not confine laying fowl in a cage unless the fowl have access: (a) to at least 2 independent drinking points, or (b) to a water trough the length of which allows at least 10 centimetres for each fowl in the cage. Maximum penalty: 25 penalty units. (2) In this clause: "drinking point" includes a drinking nipple and a cup drinker but does not include a splash cup situated under a drinking nipple. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 17D Cage floors 17D Cage floors A person must not confine laying fowl in a cage unless the cage floor provides support for the forward pointing toes of all fowl in the cage. Maximum penalty: 25 penalty units. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 17E Cage height 17E Cage height (1) A person must not confine laying fowl in a cage unless the height of the cage exceeds the height of the tallest fowl, standing normally, in the cage. Maximum penalty: 25 penalty units. (2) A person must not confine laying fowl in a cage unless the height of the cage is, over at least 65% of the floor area of the cage, not less than 40 centimetres. Maximum penalty: 25 penalty units. (3) A person must not confine laying fowl in a cage if the height of the cage is less than 35 centimetres at any point. Maximum penalty: 25 penalty units. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 17F Cage doors 17F Cage doors (1) A person must not confine laying fowl in a cage unless the cage has a door that has: (a) a width of not less than: (i) the width of the cage (excluding the width of structural supports for the door), or (ii) if the width of the cage exceeds 50 centimetres, 50 centimetres, and (b) a height of not less than: (i) the height of the cage measured from the level of the feed trough, or (ii) if the height of the cage measured from the level of the feed trough exceeds 22 centimetres, 22 centimetres. Maximum penalty: 25 penalty units. (2) If a cage door opens from the top of a cage, the width of the door is to be measured using the axis on which the door swings and the height of the door is to be measured on the perpendicular to that axis. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 17G Multi-deck structure 17G Multi-deck structure (1) A person must not confine laying fowl in a multi-deck structure unless fowl in the lower decks of the multi-deck structure are protected from excreta from fowl confined in the higher decks of the multi-deck structure. Maximum penalty: 25 penalty units. (2) A person must not confine laying fowl in a multi-deck structure unless each fowl confined in the structure is visible from outside the structure to an extent that allows an assessment to be made of the fowl’s welfare. Maximum penalty: 25 penalty units. (3) A person must not confine laying fowl in a multi-deck structure unless the fowl can be readily removed from that structure. Maximum penalty: 25 penalty units. (4) In this clause: "multi-deck structure" means an arrangement of cages in a structure with more than one deck. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 17H Stock density 17H Stock density (1) A person must not confine laying fowl in a cage unless the cage has a floor area that is not less than the minimum floor area applicable to the cage, determined in accordance with this clause. Maximum penalty: 25 penalty units. (2) Cage containing 1 laying fowl For a cage that contains only 1 laying fowl, the minimum floor area is as follows: (a) if the laying fowl weighs 4.5 kilograms or less—1,000 square centimetres, (b) if the laying fowl weighs more than 4.5 kilograms, the area calculated by allowing: (i) 1 square metre for each 26 kilograms of the total weight of the fowl in the cage, or (ii) if the total weight of the fowl in the cage is less than 26 kilograms, a proportionate amount of the area mentioned in subparagraph (i). (3) Cage containing 2 laying fowl For a cage that contains only 2 laying fowl, the minimum floor area is as follows: (a) if the average weight of the fowl in the cage is 4.5 kilograms or less—1,350 square centimetres, (b) if the average weight of the fowl in the cage is more than 4.5 kilograms, the area calculated by allowing: (i) 1 square metre for each 40 kilograms of total weight of the fowl in the cage, or (ii) if the total weight of the fowl in the cage is less than 40 kilograms, a proportionate amount of the area mentioned in subparagraph (i). (4) Cage containing 3 or more laying fowl For a cage that contains 3 or more laying fowl, the minimum floor area is as follows: (a) if the average weight of the fowl in the cage is less than 2.4 kilograms—the area calculated by allowing 550 square centimetres for each fowl in the cage, (b) if the average weight of the fowl in the cage is not less than 2.4 kilograms but not more than 4.5 kilograms—the area calculated by allowing 600 square centimetres for each fowl in the cage, (c) if the average weight of the fowl in the cage is more than 4.5 kilograms, the area calculated by allowing: (i) 1 square metre for each 46 kilograms of the total weight of the fowl in the cage, or (ii) if the total weight of the fowl in the cage is less than 46 kilograms, a proportionate amount of the area mentioned in subparagraph (i). (5) This clause does not apply to laying fowl confined in a pre-2001 cage (within the meaning of clause 17I). PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 17I Stocking density—transitional for cages installed before 2001 17I Stocking density—transitional for cages installed before 2001 (1) A person must not confine laying fowl in a pre-2001 cage unless the cage has a floor area that is not less than the minimum floor area applicable to the cage, determined in accordance with this clause. Maximum penalty: 25 penalty units. (2) For the purposes of this clause, the minimum floor area is as follows: (a) for a cage that contains only one laying fowl—1,000 square centimetres, (b) for a cage that contains only 2 laying fowl—1,350 square centimetres, (c) for a cage that contains 3 or more laying fowl with an average weight of not more than 2.4 kilograms—the area calculated by allowing 450 square centimetres for each fowl, (d) for a cage that contains 3 or more laying fowl with an average weight of more than 2.4 kilograms—the area calculated by allowing 600 square centimetres for each fowl. (3) In this clause, a "pre-2001 cage" means a cage: (a) installed at the place where the laying fowl are being confined before 1 January 2001, and (b) in respect of which the period of time since the date of the installation of the cage is not more than 20 years. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 17J Determination of average weight of laying fowls 17J Determination of average weight of laying fowls (1) If laying fowl are kept in more than 30 cages at a place, the minimum floor area applicable to the cages is to be determined on the basis of average flock weight, rather than on the basis of the average weight of the fowl in the individual cages. For that purpose, a reference in this Part to the average weight of laying fowl in a cage is to be read as a reference to the average flock weight. (2) Average flock weight is the average weight per fowl of all fowl in all the cages concerned, determined in a manner that follows the procedures for counting and weighing set out in the National Guidelines for RSPCA Inspectors for the Inspection of Layer Hen Cages, which is included in the Model Code of Practice for the Welfare of Animals—Domestic Poultry, 3rd edition, issued by the Agriculture and Resource Management Council of Australia and New Zealand. Note: The Model Code of Practice for the Welfare of Animals—Domestic Poultry is now in its 4th edition. However, the National Guidelines for RSPCA Inspectors for the Inspection of Layer Hen Cages do not appear in that edition. Copies of the Guidelines are available from the Department. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 17K Food and water 17K Food and water (1) A person must not confine laying fowl in non-cage housing unless: (a) all fowl confined in the non-cage housing have access to a pan feeder or flat chain feeder that is provided for feeding purposes, and (b) the arrangements for feeding the fowl comply with the minimum standards. Maximum penalty: 25 penalty units. (2) For the purposes of this clause, the "minimum standards" in respect of arrangements for feeding laying fowl are as follows: (a) if a pan feeder is provided for feeding purposes, there must be at least one pan feeder in the non-cage housing for every 100 hundred laying fowl confined in the non-cage housing, (b) if a flat chain feeder is provided for feeding purposes, the length of flat chain feeder (counting both sides of the feeder chain) must allow at least 2 centimetres for each laying fowl confined in the non-cage housing. (3) A person must not confine laying fowl in non-cage housing unless: (a) all fowl confined in the non-cage housing have access to a bell drinker or nipple drinker that is provided for the purpose of supplying water to the fowl, and (b) the arrangements for supplying water to the fowl comply with the minimum standards. Maximum penalty: 25 penalty units. (4) For the purposes of this clause, the "minimum standards" in respect of arrangements for supplying water to laying fowl are as follows: (a) if a bell drinker is provided to supply water to laying fowl, there must be at least one bell drinker in the non- cage housing for every 120 laying fowl confined in the non- cage housing, (b) if a nipple drinker is provided to supply water to laying fowl, there must be at least one nipple drinker in the non-cage housing for every 20 laying fowl confined in the non-cage housing or, if all the laying fowl are less than 6 weeks of age, one nipple drinker in the non-cage housing for every 40 laying fowl confined in the non-cage housing. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 17L Nests 17L Nests (1) A person must not confine laying fowl in non-cage housing unless: (a) a single-bird nest or nest box is provided for the use of the laying fowl, and (b) the arrangements for the provision of a nest to the laying fowl comply with the minimum standards. Maximum penalty: 25 penalty units. (2) For the purposes of this clause, the "minimum standards" in respect of arrangements for the provision of a nest to laying fowl are as follows: (a) if a single-bird nest is provided for the use of laying fowl, there must be at least one single-bird nest available in the non-cage housing for every 7 laying fowl that are confined in the non-cage housing, (b) if a nest box is provided for the use of laying fowl, the nest box must have an area of not less than: (i) 1 square metre for every 120 laying fowl confined in the non-cage housing, or (ii) if less than 120 laying fowl are confined in the non-cage housing, a proportionate amount of the area mentioned in subparagraph (i). (3) In this clause: "nest box" means a nest designed for the use of 2 or more laying fowl at any particular point in time. "single-bird nest" means a nest designed for the use of one laying fowl at any particular point in time. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 17M Height of non-cage housing 17M Height of non-cage housing A person must not confine laying fowl in non-cage housing unless the clearance above any level on which fowl might stand, perch or nest (including any suspended perch or nest box) is not less than 45 centimetres. Maximum penalty: 25 penalty units. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 17N Multi-level arrangements 17N Multi-level arrangements (1) A person must not confine laying fowl in a multi-level arrangement unless fowl on the lower levels of the multi-level arrangement are protected from excreta from fowl on the higher levels of the multi-level arrangement. Maximum penalty: 25 penalty units. (2) In this clause: "multi-level arrangement" means an arrangement within any non-cage housing that allows laying fowl to perch or nest on separate levels. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 17O Stock density 17O Stock density A person must not confine laying fowl in non-cage housing unless the useable floor area of the non-cage housing (that is, the area of the floor on which fowl might stand, perch or nest) is not less than: (a) the area calculated by allowing 1 square metre for each 30 kilograms of the total weight of laying fowl confined in the non-cage housing, or (b) if the total weight of laying fowl in the non-cage housing is less than 30 kilograms, a proportionate amount of the area mentioned in paragraph (a). Maximum penalty: 25 penalty units. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 17P Daily welfare inspections 17P Daily welfare inspections A person who confines laying fowl must ensure that the welfare of the fowl is visually inspected every 24 hours. Maximum penalty: 25 penalty units. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 17Q Offences 17Q Offences (1) A contravention of this Part by a person who is a first offender does not constitute an offence unless: (a) an officer has given the person a direction in writing to remedy the contravention within a period (not longer than 3 months) specified in the direction, and (b) the person has failed to remedy the contravention within that period. (2) A person is a first offender if the person has not been convicted, or has been found guilty but has not been convicted, of an offence in respect of any previous contravention of this Part or of an offence relating to the confinement of fowl under any other provision of this Regulation or any previous regulation made under the Act. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 17R Exemption for laying fowl not more than 60 hours old 17R Exemption for laying fowl not more than 60 hours old (1) A person is exempt from the operation of section 8 (2) and (3) of the Act in respect of the provision of water and food to laying fowl in the period of 60 hours immediately after hatching. (2) The exemption does not affect the requirement under section 8 (1) of the Act that the person provide the laying fowl with food and drink which is proper and sufficient and which it is reasonably practicable in the circumstances to provide. Note: The effect of this exemption is that a failure by a person to provide laying fowl less than 60 hours old with clean water and food on a daily basis is not evidence that the person failed to provide the laying fowl with food and drink which is proper and sufficient. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 18 Prescribed animal trades 18 Prescribed animal trades Each purpose referred to in Column 1 of Schedule 2 is prescribed for the purposes of the definition of "animal trade" in section 4 (1) of the Act. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 19 Animal trades Codes of Practice 19 Animal trades Codes of Practice For the purposes of this Part, each document referred to in Column 2 of Schedule 2 is a relevant Code of Practice for the corresponding business specified in Column 1 of that Schedule. Note: Copies of each document are published on the Department’s website. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 20 Conduct of animal trades 20 Conduct of animal trades (1) The proprietor of a business that conducts an animal trade, and each person concerned in the management of the business, must take all reasonable steps to ensure that all persons employed in the business comply with the requirements of this clause: (a) in relation to the conduct of the trade generally, and (b) in relation to the care and treatment of animals used or kept in connection with the conduct of the trade. Maximum penalty: 25 penalty units. (2) The requirements of this clause in relation to the conduct of an animal trade generally are as follows: (a) the premises in which animals are kept must be maintained in a clean and hygienic condition, (b) each person who has duties in relation to the care or treatment of animals must be appropriately supervised in the conduct of his or her duties, (c) appropriate records must be kept to ensure that the care and treatment of animals can be properly monitored, (d) without limiting the requirements of paragraphs (a), (b) and (c), the provisions of each relevant Code of Practice must be complied with. (3) The requirements of this clause in relation to the care and treatment of animals used or kept in connection with the conduct of an animal trade are as follows: (a) each animal is to be provided with accommodation and equipment that is suited to the physical and behavioural requirements of the animal, (b) each animal is to be protected from extreme climatic and environmental conditions and from interference by people, (c) each animal is to be provided with sufficient space within which to rest, stand, stretch, swim, fly or otherwise move about, (d) each animal is to be provided with a sufficient quantity of appropriate food and water to maintain good health, (e) each animal must be protected from exposure to disease, distress and injury and, in the event that the animal becomes diseased, distressed or injured, must be promptly provided with appropriate treatment, (f) each animal must be periodically inspected to ensure that it is receiving appropriate food and water and is free from disease, distress and injury, (g) without limiting the requirements of paragraphs (a)– (f), the provisions of each relevant Code of Practice that relate to the care and treatment of animals kept or used in that trade must be complied with. (4) A person does not commit an offence in respect of any failure to comply with the requirements of this clause if the failure occurs despite the person having done all that he or she could reasonably be expected to have done to comply with those requirements. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 21 Police officers exercising certain powers 21 Police officers exercising certain powers For the purposes of section 24H (4) of the Act: (a) a police officer is to give a direction to stop a vehicle or vessel by requesting or signalling the person operating the vehicle or vessel to stop the vehicle or vessel, and (b) a police officer is identified as a police officer if the officer wears his or her police uniform or otherwise displays evidence that he or she is a police officer and that would be visible to the person operating the vehicle or vessel concerned. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 22 Assistance to inspectors 22 Assistance to inspectors For the purposes of section 24M (b) of the Act, the following classes of persons are prescribed as persons who may accompany and aid an inspector exercising, in residential premises, a power conferred by Division 2 of Part 2A of the Act: (a) veterinary practitioners, (b) persons who have special expertise in the handling of the animal concerned. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 23 Penalty notice offences 23 Penalty notice offences (1) For the purposes of section 33E of the Act: (a) each offence created by a provision specified in Column 1 of Schedule 3 is prescribed as a penalty notice offence, and (b) the prescribed penalty payable in respect of a penalty notice offence that is dealt with under section 33E of the Act is: (i) in the case of an individual—the amount specified in Column 2 of Schedule 3 opposite the relevant provision, or (ii) in the case of a corporation—the amount specified in Column 3 of Schedule 3 opposite the relevant provision. (2) If the reference to a provision in Column 1 of Schedule 3 is qualified by words that restrict its operation to specified kinds of offences or to offences committed in specified circumstances, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or is committed in the circumstances so specified. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 24 Guidelines relating to the welfare of farm or companion animals 24 Guidelines relating to the welfare of farm or companion animals (1) For the purposes of section 34A (1) of the Act, the following documents, published by CSIRO Publishing and as in force from time to time, are adopted as guidelines: (a) Model Code of Practice for the Welfare of Animals: Domestic Poultry, (b) Model Code of Practice for the Welfare of Animals: Farmed Buffalo, (c) Model Code of Practice for the Welfare of Animals: Animals at Saleyards, (d) Model Code of Practice for the Welfare of Animals: The Goat, (e) Model Code of Practice for the Welfare of Animals: The Sheep, (f) Model Code of Practice for the Welfare of Animals: The Farming of Deer, (g) Model Code of Practice for the Welfare of Animals: Cattle, (h) National Guidelines for Beef Cattle Feedlots in Australia. Note: Copies of each document are published on the Department’s website. (2) For the purposes of this clause, the Model Code of Practice for the Welfare of Animals: The Farming of Deer (as in force at the commencement of this clause) is taken to have been amended by omitting clause 5.2 (ii) and by inserting instead: (ii) Removal of the “velvet antlers” should be the responsibility of a veterinary practitioner or a person referred to in section 9 (2) (e) of the Veterinary Practice Act 2003. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 25 Reports of approved charitable organisations 25 Reports of approved charitable organisations (1) A report of an approved charitable organisation under section 34B (3) of the Act must address the following matters in relation to the period covered by the report: (a) complaints and investigations concerning the treatment of animals, (b) counsel, advice or cautions given, (c) notices issued, (d) proceedings for offences instituted, (e) officers of the organisation and training provided for them, (f) complaints about the organisation or its officers. (2) Such a report must include the following: (a) a statement of the number of, and a summary of the substance of, complaints relating to animal cruelty or mistreatment received by the organisation, (b) a statement of the number of visits or investigations made by officers of the organisation as a result of those complaints, (c) a statement of the number of visits or investigations made by officers of the organisation that were unrelated to those complaints (such as routine inspections of abattoirs, veterinary practices, pet shops or saleyards), (d) a statement of the number of persons counselled or advised by officers of the organisation, (e) a statement of the number of persons cautioned by officers of the organisation, (f) a statement of the number of notices issued by officers of the organisation under section 24N of the Act, (g) a statement of the number of penalty notices issued by officers of the organisation, (h) a statement of the number of proceedings for offences under the Act or the regulations that were instituted by officers of the organisation, together with details of the defendants and the charges, (i) details of the outcome of such of those proceedings as had been finally determined as at the date of the report, (j) details of the outcome of such proceedings for offences as were referred to in the immediately previous report but not finally determined as at the date of that report, (k) a list, current as at the date of the report, of the officers of the organisation, together with any changes made to that list since the immediately previous report, (l) details of any complaints received by the organisation in relation to its activities (or those of its officers) under the Act, including details as to the resolution of those complaints and of the disciplinary action (if any) taken against any person as a result of those complaints, (m) details of the training provided by the organisation for its officers. (3) In this clause, "officer" has the same meaning as it has in paragraph (b) of the definition of that term in section 4 (1) of the Act. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - REG 26 Savings provision 26 Savings provision (1) Any act, matter or thing that, immediately before the repeal of the Prevention of Cruelty to Animals (General) Regulation 1996, had effect under that Regulation continues to have effect under this Regulation. (2) Any act, matter or thing that, immediately before the repeal of the Prevention of Cruelty to Animals (Animal Trades) Regulation 1996, had effect under that Regulation continues to have effect under this Regulation. (3) If the provisions of Schedule 3.20 to the Veterinary Practice Act 2003 have not commenced on or before the commencement of this Regulation, until the commencement of those provisions, a reference in this Regulation: (a) to a veterinary practitioner is to be read as a reference to a veterinary surgeon, and (b) to a person referred to in section 9 (2) (e) of that Act is to be read as a reference to a person acting in accordance with the approval in writing of the Board of Veterinary Surgeons of New South Wales as referred to in section 44 (2) of the Veterinary Surgeons Act 1986. PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - SCHEDULE 1 SCHEDULE 1 – Electrical devices (Clause 10) _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| | |Restraining cattle, but only if used | |Electro-immobiliser |by a veterinary practitioner for | | |purposes other than as an alternative | |_____________________________________________________________________________| | |Driving, herding, mustering or | | |controlling weaned cattle, sheep or | | |pigs | | |Controlling horses being used in a | |Electric stock prod |rodeo, but only for the purpose of | | |getting a horse that has stalled in | | |the chute to exit the chute and not if| | |used on the horse once it has started | |_____________________________________________________________________________| |Electric fence |Confining, controlling or protecting | |_____________________________________________________________________________| | |Collecting semen from conscious cattle| | |or sheep | |Electro-ejaculator |Collecting semen from animals that | | |have been tranquillised and | | |administered with an analgesic or | |_____________________________________________________________________________| |Electric stock grid |Confining stock animals (except | |_____________________________________________________________________________| |_____________________________________________________________________________| | |Catching fish species under licence, | | |permit or authority under the | |Electro-fishing device |Fisheries Management Act 1994 or in | | |accordance with the Animal Research | |_____________________________________________________________________________| |The device sold under the name Pingg |Confining dogs or cats, but only if | |String (including any similar device |used inside a fence through which dogs| |delivering an electric shock of no |or cats cannot pass and that is not | |greater intensity or duration than a |less than 1.5 metres high | |_____________________________________________________________________________| | |Confining dogs, but only if used | |Canine invisible boundary |inside a fence through which dogs | | |cannot pass and that is not less than | |_____________________________________________________________________________| | |Deterring birds from roosting on | |Electronic bird deterrent device |building ledges and other external | |_____________________________________________________________________________| |Any other device producing an | | |electrical discharge that is used in | | |such a way that the animal in relation| | |to which it is being used cannot move | | |_____________________________________________________________________________| PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - SCHEDULE 2 SCHEDULE 2 – Animal trades and Codes of Practice (Clauses 18 and 19) _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| | |“ Animal Welfare Code of Practice No| |Pet shop (that is, a business in the |4—Keeping and Trading of Birds ”, | |course of which an animal is kept in a|published in 1996 by NSW Agriculture | |shop, or any booth or stall in a |“ Animal Welfare Code of | |market or at a fair, for the purposes |Practice—Animals in Pet Shops ”, | |of sale) |published in 2008 by the Department of| |_____________________________________________________________________________| |Animal boarding establishment (that |“ Animal Welfare Code of Practice No| |is, a business in the course of which |5—Dogs and Cats in Animal Boarding | |dogs or cats are boarded for fee or |Establishments ”, published in 1996 | |_____________________________________________________________________________| |Animal breeding establishment (that |“ Animal Welfare Code of | |is, a business in the course of which |Practice—Breeding Dogs and Cats ”,| |dogs or cats are bred for fee or |published in 2009 by the Department of| |_____________________________________________________________________________| |Animal transport establishment (that |“ Animal Welfare Code of Practice No| |is, a business in the course of which |1—Companion Animal Transport | |dogs, cats and other domestic pets are|Agencies ”, published in 1996 by NSW| |_____________________________________________________________________________| |Pet grooming establishment (that is, a|“ Animal Welfare Code of Practice No| |business in the course of which dogs |8—Animals in Pet Grooming | |or cats are groomed for fee or reward)|Establishments ”, published in 1996 | |_____________________________________________________________________________| |Security dog training establishment |“ Animal Welfare Code of Practice No| |(that is, a business in the course of |9—Security Dogs ”, published in | |which dogs are trained as security |1996 by NSW Agriculture | |_____________________________________________________________________________| |Security dog business (that is, a |“ Animal Welfare Code of Practice No| |business in the course of which 3 or |9—Security Dogs ”, published in | |more dogs are used for the purpose of |1996 by NSW Agriculture | |_____________________________________________________________________________| |Riding centre (that is, a business in |“ Animal Welfare Code of Practice No| |the course of which horses are hired |3—Horses in Riding Centres and | |out for riding) |Boarding Stables ”, published in | |_____________________________________________________________________________| |Boarding stable (that is, a business |“ Animal Welfare Code of Practice No| |in the course of which horses are |3—Horses in Riding Centres and | |boarded for fee or reward) |Boarding Stables ”, published in | |_____________________________________________________________________________| PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - SCHEDULE 3 SCHEDULE 3 – Penalty notice offences (Clause 23) _________________________________________________________________ |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| |_________________________________________________________________| _________________________________________________________________________ |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| |_________________________________________________________________________| PREVENTION OF CRUELTY TO ANIMALS (GENERAL) REGULATION 2006 - NOTES Historical notes The following abbreviations are used in the Historical notes: ______________________________________________________________________ |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| Table of amending instrumentsPrevention of Cruelty to Animals (General) Regulation 2006 (523). GG No 111 of 1.9.2006, p 7417. Date of commencement, 1.9.2006, cl 2. This Regulation has been amended by cl 16 (7) of this Regulation and as follows: __________________________________________________________________________ | | |Prevention of Cruelty to Animals (General) Amendment (Laying | |2007|(526)|Fowl) Regulation 2007. GG No 157 of 26.10.2007, p 8182. | | | | | |__________________________________________________________________________| | | |Prevention of Cruelty to Animals (General) Amendment (Animal | |2008|(415)|Trades) Regulation 2008. GG No 117 of 12.9.2008, p 9235. | | | | | |__________________________________________________________________________| | | |Prevention of Cruelty to Animals (General) Amendment (Breeding | |2009|(479)|of Dogs and Cats) Regulation 2009. LW 25.9.2009. | | | | | |__________________________________________________________________________| Table of amendments _____________________________________________________________________________ |Cl 16 |Am 2007 (526), Sch 1 [1]. Rep 2006 (523),| |_____________________________________________________________________________| |_____________________________________________________________________________| |Sch 2 |Am 2008 (415), Sch 1 [1]; 2009 (479), cl | |_____________________________________________________________________________| |Sch 3 |Am 2007 (526), Sch 1 [3]; 2008 (415), Sch| |_____________________________________________________________________________|