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Proposed Australian Animal Welfare Standards and Guidelines – Exhibited Animals Consultation Regulation Impact Statement March 2014


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Appendices



Appendix 1 – Details of relevant federal, state and territory legislation
Appendix 2 – Estimation of animal exhibit facilities, keepers and animals
Appendix 3 – Estimation of quantifiable incremental costs of the proposed general standards and discussion of unquantifiable costs
Appendix 4 – Estimation of quantifiable incremental costs of the proposed taxon standards and discussion of unquantifiable costs
Appendix 5 – Complete list of public consultation questions

Appendix 1 - Details of relevant federal, state and territory legislation




A1.1 States and territories

Under constitutional arrangements, the primary responsibility for animal welfare within Australia rests with individual states and territories, which exercise legislative control through ‘prevention of cruelty to animals Acts’ and other legislation (refer to Table A2.1). New South Wales is the only jurisdiction that has legislation specifically for exhibited animals.


Each state or territory has a bureau or office that deals with animal welfare. In many cases designated officers of the Royal Society for the Prevention of Cruelty to Animals (RSPCA) also have authority under state or territory legislation to prosecute offenders for cruelty offences.
Animal welfare concerns arising in particular industries are often addressed in codes of practice or standards developed jointly by government and the industry. All jurisdictions except TAS, NT and ACT have existing codes or standards relating to the welfare of exhibited animals. The proposed national standards are collectively more comprehensive than those of any individual jurisdiction; but otherwise there are no significant conflicts or inconsistencies between the proposed national standards and existing state or territory standards.
All jurisdictions can make compliance with animal welfare standards mandatory. They can either make regulations to require compliance with specified standards or they can incorporate the requirements of standards into the regulations themselves.
Each State and Territory government except WA has an Animal Welfare Advisory Committee (AWAC) that provides advice on animal welfare issues and on associated legislation and codes of practice.105

A1.2 Federal and national government

The Federal Government has limited direct responsibility for animal welfare, mainly limited to export processing establishments, the live animal export trade and quarantine.


The main method of dealing with animal welfare issues at the national level to date has been through the development of national model codes of practice in consultation with industry and other stakeholders, for endorsement by the former Primary Industries Ministerial Council, and then the former Standing Council on Primary Industries (SCoPI). The model codes have been used as a guide by the various state and territory governments in the development of their own legislation and codes of practice. These model codes of practice are progressively being converted into national mandatory standards. As these model codes or standards are developed primarily for government purposes, they are separate to the various voluntary codes of practice and quality assurance programs that may be developed from time to time by industry associations.
The model codes of practice developed to date have focused on livestock species primarily and no national model code of practice has been developed specifically for exhibited animals.

Table A1.1: Summary of relevant state and territory legislation


State or Territory

Act

Existing regulations

Existing standards (red=standards, blue=mixture of standards and guidelines)

ACT

Animal Welfare Act 1992 .

Animal Welfare Regulation 2001


Nil

NSW

Exhibited Animals Protection Act 1986 



Exhibited Animals Protection Regulation 2010 



General Standards for Exhibiting Animals in New South Wales (as amended 15 March 2004).
Policy on Exhibiting Primates in New South Wales (published in March 2000)
Standards for Exhibiting Animals during Temporary Removals in New South Wales (published in October 2008)
Standards for Exhibiting Australian Mammals in New South Wales (published in April 2006)
Standards for Exhibiting Bottle-nosed Dolphins (Tursiops truncatus) in New South Wales (published in April 1994)
Standards for Exhibiting Captive Raptors in New South Wales (published in May 2010)
Standards for Exhibiting Carnivores in New South Wales (published in May 2005)
Standards for Exhibiting Seals in New South Wales (published in October 2008)



Non-Indigenous Animals Act 1987
Prevention of Cruelty to Animals Act 1979

Zoological Parks Board Act 1973


Non-Indigenous Animals Regulation 2012
Prevention of Cruelty to Animals Regulation, 2006
Zoological Parks Regulation 2009


NT

Animal Welfare Act

Animal Welfare Regulations106


Nil

QLD

Animal Care and Protection Act 2001

Nature Conservation Act 1992

Land (Pest and Stock Route Management) Act 2002.



Animal Care and Protection Regulation 2002
Nature Conservation (Wildlife) Regulation 2006
Nature Conservation (Wildlife Management) Regulation 2006
Nature Conservation (Administration) Regulation 2006
Land Protection (Pest and Stock Route Management) Regulation 2003.

Code of Practice for Minimum Standards for Exhibiting Wildlife in Qld (8 March 2010)


SA

Animal Welfare Act 1985

Animal Welfare Regulations 2000



Policy for the Import, Movement and Keeping of Exotic Vertebrates in South Australia (28 September 2005)


TAS

Animal Welfare Act 1993

Animal Welfare Regulations 2008


Nil

VIC

Prevention of Cruelty to Animals Act 1986

Zoological Parks and Gardens Act 1995

Wildlife Act 1975


Prevention of Cruelty to Animals Regulations 1997
Zoological Parks and Gardens Regulations 2003
Wildlife Regulations 2002.


Code of Practice for the Public Display of Exhibition of Animals (October 2001)

WA

Animal Welfare Act 2002

Animal Welfare (General) Regulations 2003


Code Of Practice For Exhibited Animals In Western Australia (March 2003)


Table A1.2 Proposed exhibited animals welfare standards 2013 – General standards
Comparison with existing standards in each jurisdiction


Proposed national standard No.

NSW

QLD

VIC

SA

WA

TAS

NT

ACT

1 RESPONSIBILITIES


























General

























S1.1



 vet only



















S1.2

























S1.3



zoos only




 exotics only













S1.4









 exotics only













S1.5










 exotics only













S1.6

107







 exotics only













S1.7

























S1.8

























2. SECURITY

























General

























S2.1



in part

 in part















S2.2



 zoos only

 zoos only

 exotics only












S2.3







part only
















S2.4

























S2.5

























S2.6

























S2.7










 exotics only













S2.8




 zoos only



















S2.9
























S2.10

























S2.11
























Emergency Procedures

























S2.12




 zoos only



















S2.13

























S2.14

























3 ENCLOSURES

























General

























S3.1




 part only

 part only
















S3.2



 part only

 part only















S3.3



 part only

 part only















S3.4

























S3.5

























S3.6

























S3.7

























S3.8

























S3.9
























Gates and Doors

























S3.10
























S3.11























Drive-Through Enclosures

























S3.12

























S3.13
























S3.14

























S3.15

























S3.16

























S3.17

























S3.18

























S3.19













 part only










Substrate and Drainage

























S3.20



 part only


















S3.21
























Enclosure Furniture

























S3.22























S3.23

























S3.24

























S3.25

























S3.26

























Spatial Requirements

























S3.27























Holding Enclosures

























S3.28



 part only


















S3.29

























S3.30

























S3.31

























S3.32

























4 DIETARY AND WATER REQUIREMENTS

























Food

























S4.1



 part only


















S4.2
























S4.3

























S4.4




 part only


















Water

























S4.5



 part only

















S4.6

























5 HEALTH AND WELLBEING

























General

























S5.1

























S5.2

























S5.3

























S5.4




 in part

















S5.5
























S5.6

























S5.7
























S5.8

























S5.9
























Enrichment

























S5.10

























S5.11

























S5.12
























Quarantine

























S5.13

























6 REPRODUCTIVE MANAGEMENT

























S6.1




 zoos only




 exotics only













S6.2



 zoos only



















S6.3




 zoos only



















S6.4




 zoos only



















S6.5



 zoos only



















S6.6




 zoos only



















7 EUTHANASIA

























S7.1

























S7.2

























S7.3

























S7.4

























8 CAPTURE AND RESTRAINT

























S8.1










 exotics only













S8.2

























S8.3

























S8.4

























S8.5
























9 TRAINING

























S9.1

























S9.2
























S9.3

























S9.4

























S9.5

























10 INTERACTIVE PROGRAMS

























S10.1




 in part

wildlife parks only

 exotics only












S10.2

























S10.3
























S10.4

























S10.5

























S10.6
























S10.7




 in part



















S10.8







 wildlife parks only
















S10.9

























S10.10

























S10.11

























S10.12

























11 TRANSPORTATION

























S11.1

























S11.2



 in part



















S11.3



 in part



















S11.4




 in part




 exotics only













S11.5

























S11.6




 in part




 exotics only













S11.7

























S11.8

























S11.9




 in part



















S11.10

























12 ANIMAL IDENTIFICATION AND RECORDS

























Animal Identification

























S12.1

 in part

 zoos only



















S12.2

























Records

























S12.3
























S12.4

























S12.5









 exotics only

 in part










S12.6























S12.7

























S12.8

























S12.9


























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