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ANIMAL CARE AND PROTECTION ACT 2001 - SECT 42 Feral or pest animals

ANIMAL CARE AND PROTECTION ACT 2001 - SECT 42

Feral or pest animals

42 Feral or pest animals

(1) This section applies for an offence if the act that constitutes the offence is—
(a) an act done by a person to control a feral animal or pest animal, including, for example, by killing it; and
(b) the act does not involve the use of—
(i) a prohibited trap or spur; or
(ii) a poison that includes the ingredients carbon disulfide and phosphorus.
Example—
CSSP Pig Poison
(2) It is an offence exemption for the offence—
(a) if the act is done in a way that causes the animal as little pain as is reasonable; and
(b) the control complies with any conditions prescribed under a regulation.
(3) In this section—


"feral animal" means an animal living in a wild state that is a member of a class of animals that usually live in a domestic state.
Examples of classes of animals that usually live in a domestic state—
buffalo, cats, dogs, donkeys, goats, horses and pigs

"pest animal" means any of the following—
(a) a non-indigenous animal generally regarded as being a pest;
Examples—
black rats, brown rats and cane toads
(b) an animal that is prohibited matter or restricted matter under the Biosecurity Act 2014 ;
Notes—
1 See the Biosecurity Act 2014 , schedule 1 or schedule 2 .
2 See also the note to the Biosecurity Act 2014 , schedules 1 and 2 .
(c) an animal declared under a regulation made under this Act to be a pest;
(d) an animal required to be controlled under an Act;
(e) an animal the subject of a measure or program to control disease under the Biosecurity Act 2014 or another Act.