Animal Care and Protection Regulation 2012


Queensland Crest
Animal Care and Protection Regulation 2012
Queensland Animal Care and Protection Act 2001 Animal Care and Protection Regulation 2012 Current as at 1 July 2013
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Queensland Animal Care and Protection Regulation 2012 Contents Part 1 1 Part 2 2 3 4 Part 3 5 6 7 8 9 10 11 Part 4 12 Schedule 1 Part 1 1 2 Part 2 Division 1 3 4 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Codes of practice Provisions made as codes of practice . . . . . . . . . . . . . . . . . . . . . 5 Documents made as codes of practice . . . . . . . . . . . . . . . . . . . . 6 Relationship between particular codes of practice . . . . . . . . . . . . 6 Miscellaneous provisions Requirement to keep particular records for sows . . . . . . . . . . . . . 6 Prescribed species for meaning of animal—Act, s 11 . . . . . . . . . 7 Information for annual report—Act, s 87 . . . . . . . . . . . . . . . . . . . 7 Declared class of persons for authorised officers—Act, s 99 . . . . 8 Declared class of persons for inspectors—Act, s 114 . . . . . . . . . 8 Prescribed entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Repeal Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Code of practice about domestic fowl . . . . . . . . . . . . . . . . . . . 11 Preliminary Definitions for sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Meaning of floor area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Requirements for cages used to keep domestic fowl Laying fowl General requirements for all cages used to keep laying fowl . . . . 14 Additional general requirements for cages installed on or after 1 January 1995. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Animal Care and Protection Regulation 2012 Contents 4A 5 6 7 Division 2 8 Part 3 9 10 11 12 13 Part 4 14 Part 5 15 16 Part 6 17 18 19 20 21 22 23 Schedule 2 Part 1 1 2 Door opening requirement for cages installed on or after 1 July 2013 ......................................... Floor area requirements for cages used to keep laying fowl—1 laying fowl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Floor area requirements for cages used to keep laying fowl—2 laying fowl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Floor area requirements for cages used to keep laying fowl—3 or more laying fowl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Laying pullet Floor area requirements for cages used to keep layer pullets . . . Requirements for sheds used to keep domestic fowl Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General requirements for sheds . . . . . . . . . . . . . . . . . . . . . . . . . . Floor area requirements for sheds—particular domestic fowl . . . Floor area requirements for sheds—meat chickens . . . . . . . . . . . Requirements for shed with more than 1 level . . . . . . . . . . . . . . . Requirements for outdoor area of free range system used to keep domestic fowl Requirements for outdoor area of free range system. . . . . . . . . . Food and water requirements for domestic fowl Access to food . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Access to water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspection requirements for domestic fowl Inspections to be carried out . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspection to include particular matters . . . . . . . . . . . . . . . . . . . . Action after inspection—person not in charge of domestic fowl . . Action after inspection of fowl or cage—person in charge of domestic fowl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Action after inspection of water trough—person in charge of domestic fowl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Action after inspection of drinker or system—person in charge of domestic fowl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Action after inspection of feeder—person in charge of domestic fowl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Code of practice about pigs . . . . . . . . . . . . . . . . . . . . . . . . . . . Preliminary Definitions for sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of floor area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 16 16 17 18 18 19 19 20 21 22 23 24 25 25 26 26 27 27 28 29 29 31 Page 2
Part 2 3 4 5 6 7 8 9 10 Part 3 11 12 Part 4 13 14 15 16 17 18 19 20 21 22 23 24 Part 5 25 26 Part 6 27 Animal Care and Protection Regulation 2012 Contents Competency requirements about husbandry procedures Who is suitably qualified to carry out a husbandry procedure . . . When a person is under direct supervision for a husbandry procedure .................................. Prescribed non-invasive husbandry procedures . . . . . . . . . . . . . Inspecting pigs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Invasive husbandry procedures . . . . . . . . . . . . . . . . . . . . . . . . . . Administering vaccines and other medicines by injection . . . . . . Surgical sterilisation of male pigs over 3 weeks of age . . . . . . . . Killing pigs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Food and water requirements Access to food . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Access to water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accommodation requirements Housing requirements for pigs . . . . . . . . . . . . . . . . . . . . . . . . . . . Floor area requirements for indoor pens used to keep breeding boars ...................................... Floor area requirement for indoor pens used to keep breeding gilts whose live weight is greater than 100kg . . . . . . . . . . . . . . . . Floor area requirement for indoor pens used to keep breeding sows ....................................... Floor area requirements for indoor pens used to keep weaners, growers or finishers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Floor area requirement for indoor farrowing pens used to keep breeding sows . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General requirements for stalls used to keep pigs . . . . . . . . . . . . Measurement requirements for indoor stalls used to keep breeding boars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Measurement requirements for indoor stalls used to keep sows . Releasing boars from stalls for mating or exercise. . . . . . . . . . . . General requirements for farrowing crates used to keep sows. . . Measurement requirements for indoor farrowing crates used to keep sows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements for particular equipment and systems Inspection and maintenance of essential equipment . . . . . . . . . . Risk management system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other requirements Health inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 32 33 33 34 34 35 35 36 36 36 37 37 37 38 41 41 42 42 43 43 44 45 45 46 Page 3
Animal Care and Protection Regulation 2012 Contents 28 29 30 31 32 33 Schedule 3 Schedule 4 Health management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Farrowing and weaning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sterilisation of male pigs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restraining pigs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moving pigs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Killing pigs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Documents made as codes of practice . . . . . . . . . . . . . . . . . . Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 47 47 48 48 48 49 52 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 53 53 54 54 55 Page 4
Animal Care and Protection Regulation 2012 Part 1 Preliminary [s 1] Animal Care and Protection Regulation 2012 [as amended by all amendments that commenced on or before 1 July 2013] Part 1 Preliminary 1 Short title This regulation may be cited as the Animal Care and Protection Regulation 2012 . Part 2 Codes of practice 2 Provisions made as codes of practice (1) The provisions of each of the following are made as a code of practice— (a) schedule 1; (b) schedule 2. (2) A person must comply with a code of practice in either of the following— (a) schedule 1; (b) schedule 2. Note Under section 15(3) of the Act, it is an offence for a person not to comply with an applicable compulsory code requirement. Current as at 1 July 2013 Page 5
Animal Care and Protection Regulation 2012 Part 3 Miscellaneous provisions [s 3] 3 Documents made as codes of practice (1) The documents stated in schedule 3 are made as codes of practice. (2) A person must comply with a code of practice mentioned in schedule 3, part 1. Note Under section 15(3) of the Act, it is an offence for a person not to comply with an applicable compulsory code requirement. (3) A person may comply with a code of practice mentioned in schedule 3, part 2. 4 Relationship between particular codes of practice (1) Subsection (2) applies if there is an inconsistency between— (a) a provision in a code of practice in schedule 1 or schedule 2 (each a relevant compulsory code ); and (b) a provision in a code of practice mentioned in schedule 3, part 2 that is similar to the relevant compulsory code. (2) The provision in the relevant compulsory code prevails to the extent of the inconsistency. Part 3 Miscellaneous provisions 5 Requirement to keep particular records for sows (1) The person in charge of a sow must, unless the person has a reasonable excuse, keep a written record in the approved form stating— (a) the date and time on each occasion the sow is placed in a farrowing crate during the sow’s reproductive cycle; and Page 6 Current as at 1 July 2013
Animal Care and Protection Regulation 2012 Part 3 Miscellaneous provisions [s 6] (b) the date and time on each occasion the sow is removed from a farrowing crate during the sow’s reproductive cycle. Maximum penalty—20 penalty units. (2) In this section— farrowing crate has the meaning given by schedule 2, section 1. sow has the meaning given by schedule 2, section 1. 6 Prescribed species for meaning of animal—Act, s 11 All species of the class Cephalopoda are prescribed for section 11(1)(d) of the Act. Examples of species of the class Cephalopoda cuttlefish, nautilus, octopus, squid 7 Information for annual report—Act, s 87 (1) The following information is prescribed for section 87(2)(a)(i) of the Act— (a) a description of the animals, including the species and class of the animals; (b) the number of animals used or allowed to be used; (c) details of the source, place of use, duration of use and method of disposal of the animals; (d) the scientific purpose for which the animals were used; (e) the justification for the use of the animals; (f) the impact of the use on the animals. (2) The following information is prescribed for section 87(2)(a)(ii) of the Act— (a) details, including the source and date, of all complaints, enquiries and grievances received by the registered Current as at 1 July 2013 Page 7
Animal Care and Protection Regulation 2012 Part 3 Miscellaneous provisions [s 8] person about the use of animals for scientific purposes by the person; (b) details of any steps taken to investigate a complaint, enquiry or grievance mentioned in paragraph (a); (c) details of the results of an investigation of a complaint, enquiry or grievance mentioned in paragraph (a), including details of any steps taken to remedy a matter arising out of the investigation. (3) The following information is prescribed for section 87(2)(b) of the Act— (a) the name of the animal ethics committee that approved the use of the animals for scientific purposes; (b) details of the use approved by the animal ethics committee, including any requirements the committee made under the scientific use code in relation to the use; (c) details of how the approved use is identified in the animal ethics committee’s records. 8 Declared class of persons for authorised officers—Act, s 99 The officers of the Royal Society for the Prevention of Cruelty to Animals Queensland Incorporated are an approved class of persons for section 99 of the Act. 9 Declared class of persons for inspectors—Act, s 114 For section 114 of the Act, the following are declared to be an approved class of persons— (a) employees of an incorporated association, under the Associations Incorporation Act 1981 , whose objects include animal welfare or the provision of facilities to care for animals; (b) employees of Safe Food, under the Food Production (Safety) Act 2000, who are an authorised officer appointed under section 83(1)(a) of that Act. Page 8 Current as at 1 July 2013
Animal Care and Protection Regulation 2012 Part 3 Miscellaneous provisions [s 10] 10 Prescribed entities Each of the following is prescribed for paragraph (b) of the definition of prescribed entity in the schedule to the Act— (a) a local government; (b) the Animal Welfare League of Queensland Inc.; (c) the department in which the Nature Conservation Act 1992 is administered; (d) North Queensland Wildlife Care Inc.; (e) Wildcare Australia Inc. ABN 80 853 694 538; (f) Australia Zoo Wildlife Warriors Worldwide Ltd ABN 13 102 721 513; (g) Tolga Bat Rescue and Research Inc. 11 Fees (1) The fees payable under the Act are stated in schedule 4. (2) In schedule 4— corporation has the same meaning as in the Corporations Act, section 57A. public authority means— (a) a government entity under the Public Service Act 2008 , section 24; or (b) an entity established under a law of the Commonwealth or a State for a public purpose, whether or not the public purpose is stated in the law. Current as at 1 July 2013 Page 9
Animal Care and Protection Regulation 2012 Part 4 Repeal [s 12] Part 4 Repeal 12 Repeal The Animal Care and Protection Regulation 2002, SL No. 34 is repealed. Page 10 Current as at 1 July 2013
Schedule 1 Animal Care and Protection Regulation 2012 Schedule 1 Code of practice about domestic fowl section 2 Part 1 Preliminary 1 Definitions for sch 1 In this schedule— broiler breeder means a domestic fowl used to breed meat chickens. cup drinker means a cup that— (a) is attached to a water line; and (b) has a lever or other device in it; and (c) is filled with water if pressure is applied to the lever or device. domestic fowl means a member of the species Gallus gallus domesticus . drinker means a cup drinker or a nipple drinker. feeder means anything used to provide food to a domestic fowl, and includes a food trough. floor (a) of a cage or shed, means the surface of the bottom of the cage or shed between the vertical sections of the back and front walls and the vertical sections of the side walls of the cage or shed; and (b) for a shed, includes a part of the floor— (i) on a different level than another part of the floor; or (ii) made of, or covered by, mesh or slats. Current as at 1 July 2013 Page 11
Animal Care and Protection Regulation 2012 Schedule 1 floor area (a) of a cage—see section 2(1) and (2); and (b) of a shed—see section 2(3) and (4). free range system means a system consisting of— (a) a shed in which domestic fowl are kept other than in a cage; and (b) an outdoor area that is accessible to the fowl. front , of a cage, see section 4(3). install , for a cage, means put the cage in position for keeping domestic fowl. layer pullet means a female domestic fowl less than 16 weeks of age. laying fowl means a female domestic fowl reasonably expected to be capable of laying eggs, but does not include a layer pullet. measurable part , of the floor of a cage, means that part of the floor above which the height of the cage is at least 35cm. meat chicken means a domestic fowl produced only for human consumption, but does not include a broiler breeder. nipple drinker means a nipple that is attached to a water line. relevant finding , for an inspection under section 17, means— (a) for an inspection of a domestic fowl or a cage in which a domestic fowl is kept—a finding that the fowl— (i) is injured or sick; or (ii) is trapped in, or has escaped from, a cage; or (iii) is dead; or (b) for an inspection of a water trough—a finding that there is no or very little water in the water trough; or (c) for an inspection of a drinker or electronic or mechanical system—a finding that the drinker or system is not operating correctly; or Page 12 Current as at 1 July 2013
Animal Care and Protection Regulation 2012 Schedule 1 (d) for an inspection of a feeder—a finding that— (i) there is no or very little food in or on the feeder; or (ii) the food in or on the feeder is contaminated; or (iii) if the feeder is electronically or mechanically operated—the feeder is not operating correctly. shed means a structure of any kind that has a roof and walls and is used to keep domestic fowl. trapped , for a domestic fowl in a cage, means the fowl is unable to move freely within the cage. 2 Meaning of floor area (1) The floor area of a cage— (a) for part 2, division 1—means the area of the measurable part of the floor of the cage; or (b) for part 2, division 2—means the area of the floor of the cage. (2) For subsection (1), the floor area includes an area of the floor covered by an egg and waste baffle, nipple drinker or water trough. (3) The floor area , of a shed, means the area of the floor of the shed. (4) For subsection (3), the floor area includes an area of the floor covered by a drinker, feeder or nesting area. Current as at 1 July 2013 Page 13
Animal Care and Protection Regulation 2012 Schedule 1 Part 2 Requirements for cages used to keep domestic fowl Division 1 Laying fowl 3 General requirements for all cages used to keep laying fowl (1) A person must not keep a laying fowl in a cage unless the person ensures— (a) the floor of the cage provides support for each forward pointing toe of each fowl kept in the cage; and (b) the fowl can reasonably access a food trough the size of which allows a space of 10cm or more for each fowl kept in the cage; and (c) the fowl can reasonably access— (i) a water trough the size of which allows a space of 10cm or more for each fowl kept in the cage; or (ii) 2 or more drinkers. (2) Also, if 2 or more cages are arranged (the arrangement ) in vertical tiers, a person must not keep a laying fowl in a cage in the arrangement unless— (a) the fowl— (i) is visible to an extent that allows a person inspecting the fowl to make a general assessment about the fowl’s health and wellbeing; and (ii) can easily be removed from the cage; and (b) if another fowl is kept in a cage on a higher tier of the arrangement—the fowl is protected from excreta from the fowl in the cage on the higher tier. Page 14 Current as at 1 July 2013
Animal Care and Protection Regulation 2012 Schedule 1 4 Additional general requirements for cages installed on or after 1 January 1995 (1) A person must not keep a laying fowl in a cage installed on or after 1 January 1995 unless— (a) the height of the cage above the measurable part of the floor is— (i) more than the height of the fowl; and (ii) at least 40cm for at least 65% of the measurable part of the floor; and (b) the opening of the door of the cage, when the door is opened fully, is— (i) at least 19cm high measured vertically from its bottom to its top; and (ii) free of obstruction by anything attached to the front of the cage; and Examples for subparagraph (ii) a feeder, egg and waste baffle or cage bar (c) the width of the door of the cage is— (i) if the width of the cage is more than 50cm—at least 50cm; or (ii) otherwise—the same as the width of the front of the cage. (2) Subsection (1)(b) does not apply to a cage installed on or after 1 July 2013. (3) In this section— front , of a cage, means the side of the cage to which the door is attached. 4A Door opening requirement for cages installed on or after 1 July 2013 (1) This section applies to a cage installed on or after 1 July 2013. Current as at 1 July 2013 Page 15
Animal Care and Protection Regulation 2012 Schedule 1 (2) A person must not keep a laying fowl in the cage unless the opening of the door of the cage, when the door is opened fully, is— (a) at least 22cm high measured vertically from its bottom to its top; and (b) free of obstruction by anything attached to the front of the cage. Examples for paragraph (b) a feeder, egg and waste baffle or cage bar 5 Floor area requirements for cages used to keep laying fowl—1 laying fowl (1) This section applies if— (a) only 1 domestic fowl is kept in a cage; and (b) the fowl is a laying fowl. (2) The person in charge of the fowl must ensure the floor area of the cage is no less than— (a) if the fowl weighs 4.5kg or less—1000cm 2 ; or (b) if the fowl weighs more than 4.5kg—an area worked out by allowing— (i) 1m 2 for each 26kg of weight of the fowl; or (ii) for a weight less than 26kg—a proportionate amount of the area mentioned in subparagraph (i). 6 Floor area requirements for cages used to keep laying fowl—2 laying fowl (1) This section applies if— (a) only 2 domestic fowl are kept in a cage; and (b) both fowl are laying fowls. (2) The person in charge of the fowl must ensure the floor area of the cage is no less than an area worked out by allowing— (a) 675cm 2 for each fowl weighing 4.5kg or less; and Page 16 Current as at 1 July 2013
Animal Care and Protection Regulation 2012 Schedule 1 (b) the following for each fowl weighing more than 4.5kg— (i) 1m 2 for each 40kg of weight of the fowl; (ii) for a weight less than 40kg—a proportionate amount of the area mentioned in subparagraph (i). (3) For subsection (2), if both fowl weigh more than 4.5kg, the area may be worked out using the combined weight of the fowl. 7 Floor area requirements for cages used to keep laying fowl—3 or more laying fowl (1) This section applies if— (a) 3 or more domestic fowl are kept in a cage; and (b) all the fowl are laying fowls. (2) The person in charge of the fowl must ensure the floor area of the cage is no less than an area worked out by allowing— (a) the following for each fowl weighing less than 2.4kg— (i) for a pre-2001 cage before the prescribed day for the cage—450cm 2 ; (ii) for another cage—550cm 2 ; and (b) 600cm 2 for each fowl weighing 2.4kg or more but no more than 4.5kg; and (c) the following for each fowl weighing more than 4.5kg— (i) 1m 2 for each 46kg of weight of the fowl; (ii) for a weight less than 46kg—a proportionate amount of the area mentioned in subparagraph (i). (3) For subsection (2)(c), if 2 or more fowl weigh more than 4.5kg, the area may be worked out using the combined weight of all fowl weighing more than 4.5kg. (4) In this section— pre-2001 cage means a cage— (a) purchased or leased before 1 January 2001; and Current as at 1 July 2013 Page 17
Animal Care and Protection Regulation 2012 Schedule 1 (b) installed before 1 January 2003; and (c) complying with the requirements stated in section 4. prescribed day , for a pre-2001 cage, means the day that is 20 years after the day the cage was manufactured. Division 2 Laying pullet 8 Floor area requirements for cages used to keep layer pullets (1) This section applies if— (a) only 1 domestic fowl is kept in a cage and the fowl is a layer pullet; or (b) 2 or more domestic fowl are kept in a cage and all the fowl kept in the cage are layer pullets. (2) The person in charge of the pullet must ensure the floor area of the cage is no less than an area worked out by allowing— (a) 1m 2 for each 40kg of weight of each pullet kept in the cage; or (b) for a weight less than 40kg—a proportionate amount of the area mentioned in paragraph (a). (3) For subsection (2), if 2 or more pullets are kept in the cage, the area may be worked out using the combined weight of all the pullets kept in the cage. Part 3 Requirements for sheds used to keep domestic fowl 9 Application of pt 3 This part applies if a domestic fowl is— Page 18 Current as at 1 July 2013
Animal Care and Protection Regulation 2012 Schedule 1 (a) kept in a shed, including a shed that is part of a free range system; and (b) not kept in a cage. 10 General requirements for sheds A person must not keep a domestic fowl in a shed unless— (a) if the fowl is the only fowl kept in the shed—the shed contains a drinker and feeder that are reasonably accessible to the fowl; or (b) if the fowl is kept in the shed with 1 or more other fowl— (i) the shed contains 1 or more feeders and 2 or more drinkers; and (ii) the feeders and drinkers are reasonably and equally accessible to all the fowl kept in the shed. 11 Floor area requirements for sheds—particular domestic fowl (1) A person must not keep a domestic fowl, other than a layer pullet or meat chicken, in a shed that has a floor area less than an area worked out by allowing— (a) 1m 2 for each 30kg of weight of the fowl; or (b) for a weight less than 30kg—a proportionate amount of the area mentioned in paragraph (a). (2) However, if the shed does not have a temperature control system, the person must not keep the fowl in the shed unless the floor area of the shed allows more than— (a) 1m 2 for each 30kg of weight of the fowl; or (b) for a weight less than 30kg—a proportionate amount of the area mentioned in paragraph (a). (3) For subsections (1) and (2), if 2 or more fowl are kept in the shed, the area may be worked out using the combined weight of all the fowl kept in the shed. Current as at 1 July 2013 Page 19
Animal Care and Protection Regulation 2012 Schedule 1 (4) In this section— temperature control system , for a shed, means a system, consisting of a cooling system and ventilation fans, that controls temperature to avoid extreme temperature variations in the shed. 12 Floor area requirements for sheds—meat chickens (1) This section applies if— (a) only 1 domestic fowl is kept in a shed and the fowl is a meat chicken; or (b) 2 or more domestic fowl are kept in a shed and all the fowl are meat chickens. (2) The person in charge of a meat chicken must ensure the floor area of the shed is no less than an area worked out by allowing— (a) for a tunnel ventilated shed that has an evaporative cooling system providing at least 1 air exchange every minute— (i) 1m 2 for each 40kg of weight of the chicken; or (ii) for a weight less than 40kg—a proportionate amount of the area mentioned in subparagraph (i); or (b) for a tunnel ventilated shed other than a shed mentioned in paragraph (a), or a prescribed ventilated shed— (i) for the period between 1 April and 30 September— (A) 1m 2 for each 40kg of weight of the chicken; or (B) for a weight less than 40kg—a proportionate amount of the area mentioned in sub-subparagraph (A); and (ii) for the period between 1 October and 31 March— (A) 1m 2 for each 36kg of weight of the chicken; or Page 20 Current as at 1 July 2013
Animal Care and Protection Regulation 2012 Schedule 1 (B) for a weight less than 36kg—a proportionate amount of the area mentioned in sub-subparagraph (A); or (c) for another shed— (i) 1m 2 for each 28kg of weight of the chicken; or (ii) for a weight less than 28kg—a proportionate amount of the area mentioned in subparagraph (i). (3) For subsection (2), if 2 or more meat chickens are kept in a shed, the area may be worked out using the combined weight of all the chickens kept in the shed. (4) In this section— prescribed ventilated shed means a shed that— (a) is fitted with a mechanical ventilation system; and (b) is not a tunnel ventilated shed; and (c) has a water based cooling system or stirring fans. tunnel ventilated shed means a shed that is tunnel ventilated or fitted with an extractive system. 13 Requirements for shed with more than 1 level (1) This section applies if a domestic fowl is kept in a shed and there is more than 1 level inside the shed. (2) The person in charge of the fowl must ensure each of the following— (a) each level inside the shed— (i) is accessible to the fowl; and (ii) has a height no less than 45cm; (b) the fowl is fully visible on each level and can easily be removed at all times; (c) a fowl on a lower level inside the shed is protected from excreta from a fowl on a higher level inside the shed. Current as at 1 July 2013 Page 21
Animal Care and Protection Regulation 2012 Schedule 1 Part 4 Requirements for outdoor area of free range system used to keep domestic fowl 14 Requirements for outdoor area of free range system (1) A person must not keep more than 10000 laying fowl in a hectare in the outdoor area of a free range system. (2) However, a person must not keep more than 1500 laying fowl in a hectare in the outdoor area of a free range system unless the person ensures— (a) fowl are grazed by moving them from paddock to paddock in the area; and (b) at least 60% of the unshaded part of the area has ground cover vegetation, unless adverse weather conditions prevent vegetation growth; and (c) the area is managed to avoid unsuitable conditions for fowl; and Examples of unsuitable conditions for fowl muddy ground or ground covered with excessive amounts of excreta (d) the area is free of— (i) poisonous plants and organisms that cause or carry disease that could harm a fowl’s health; and (ii) chemicals that could harm a fowl’s health; and (e) each fowl, when fully feathered, has ready access for at least 8 hours a day to the area, unless adverse weather conditions prevent the access; and (f) the openings in a free range system’s shed through which fowl may access the area comply with the following requirements— (i) each opening is at least 35cm high; (ii) each opening is at least 40cm wide; Page 22 Current as at 1 July 2013
Animal Care and Protection Regulation 2012 Schedule 1 (iii) the total combined width of openings is at least 2m for every 1000 fowl kept in the shed; and (g) there is reasonably sufficient shelter in the area to provide fowl with shade and protection from adverse weather conditions; and Examples of shelter a sunshade, a substantial tree or bush or a windbreak (h) there is reasonably sufficient protection for fowl in the area from predators. Example of protection for fowl from predators a fence (3) In this section— ground cover vegetation , for an outdoor area of a free range system, means any low spreading plant covering the soil in the area and retarding movement of soil. unshaded part , of an outdoor area of a free range system, means the part of the area that is not shaded by shelter. Part 5 Food and water requirements for domestic fowl 15 Access to food (1) The person in charge of a domestic fowl must ensure the fowl has access to food— (a) within 60 hours after the fowl is hatched; and (b) at least once in each 24 hour period after the expiry of the 60-hour period mentioned in paragraph (a). (2) Also, the person must ensure— (a) the food contains enough nutrients to ensure the fowl’s good health and vitality; and Current as at 1 July 2013 Page 23
Animal Care and Protection Regulation 2012 Schedule 1 (b) the quantity of the food meets the fowl’s physiological needs; and (c) the food is not harmful to the fowl’s health. (3) However, subsection (1)(b) does not apply if the fowl is— (a) a broiler breeder or layer pullet; and (b) given access to food under a controlled feeding regime. (4) For subsection (2), in deciding the amount of nutrients and quantity of food that must be provided to the fowl in the shed of a free range system, regard must be had to the amount of nutrients and quantity of food available to the fowl in the outdoor area of the system. (5) In this section— controlled feeding regime means a regime involving the management of the amount of food consumed by a fowl to control the weight of the fowl while still ensuring the amount of food consumed is sufficient to meet the fowl’s physiological needs. 16 Access to water (1) The person in charge of a domestic fowl must ensure the fowl has access to water— (a) within 60 hours after the fowl is hatched; and (b) at least once in each 24 hour period after the expiry of the 60-hour period mentioned in paragraph (a). (2) Also, the person must ensure— (a) the water is of a temperature and quality the fowl will drink; and (b) the quality and quantity of the water meets the fowl’s physiological needs; and (c) the water is not harmful to the fowl’s health. Page 24 Current as at 1 July 2013
Part 6 Animal Care and Protection Regulation 2012 Schedule 1 Inspection requirements for domestic fowl 17 Inspections to be carried out The person in charge of a domestic fowl must ensure each of the following are inspected at least once in each 24 hour period— (a) the fowl; (b) if the fowl is kept in a cage—the cage; (c) a water trough, drinker or feeder provided for the fowl; (d) if the fowl is kept in a shed—an electronic or mechanical system controlling light, humidity, temperature or ventilation, in the shed. 18 Inspection to include particular matters An inspection under section 17 must include— (a) for an inspection of a fowl—assessing the fowl’s health and checking for any injury or behaviour indicating a risk to the fowl’s welfare; or (b) for an inspection of a cage—checking for— (i) fowl trapped in the cage; and (ii) escaped fowl outside the cage, including, in particular, fowl in the manure area under the cage; or (c) for an inspection of a water trough—checking whether there is water in the trough; or (d) for an inspection of a drinker or an electronic or mechanical system—checking the operation of the drinker or system; or (e) for an inspection of a feeder—checking— (i) whether there is food in or on the feeder; and Current as at 1 July 2013 Page 25
Animal Care and Protection Regulation 2012 Schedule 1 (ii) if there is food in or on the feeder—whether the food is contaminated; or (iii) if the feeder is electronically or mechanically operated—the operation of the feeder. 19 Action after inspection—person not in charge of domestic fowl (1) This section applies if— (a) a person has carried out an inspection under section 17 in relation to a domestic fowl; and (b) the person is not the person in charge of the fowl; and (c) the person has made a relevant finding for the inspection. (2) The person must immediately notify the person in charge of the domestic fowl of the relevant finding. 20 Action after inspection of fowl or cage—person in charge of domestic fowl (1) This section applies if the person in charge of a domestic fowl— (a) has carried out an inspection, under section 17, of the fowl or the cage in which the fowl is kept and has made a relevant finding for the inspection; or (b) has been notified, under section 19, of a relevant finding for an inspection of the fowl or cage. (2) The person must ensure— (a) if the fowl is injured or sick—the fowl is immediately treated or destroyed; or (b) if the fowl is trapped in the cage—the fowl is immediately released and, if the fowl is injured, treated or destroyed; or (c) if the fowl has escaped from the cage—the fowl is recaptured as soon as practicable and— Page 26 Current as at 1 July 2013
Animal Care and Protection Regulation 2012 Schedule 1 (i) placed in a cage; or (ii) if the fowl is to be treated for an injury or other condition—placed in a place where the injury or condition can be treated; or (iii) destroyed; or (d) if the fowl is dead—the fowl is immediately removed, from the cage or shed in which it is kept, and disposed of. 21 Action after inspection of water trough—person in charge of domestic fowl (1) This section applies if the person in charge of a domestic fowl— (a) has carried out an inspection, under section 17, of a water trough provided for the fowl and has made a relevant finding for the inspection; or (b) has been notified, under section 19, of a relevant finding for an inspection of the water trough. (2) The person must ensure the fowl has or has had access to water as required under section 16. 22 Action after inspection of drinker or system—person in charge of domestic fowl (1) This section applies if the person in charge of a domestic fowl— (a) has carried out an inspection, under section 17, of a drinker provided for the fowl, or an electronic or mechanical system for the shed in which the fowl is kept, and has made a relevant finding for the inspection; or (b) has been notified, under section 19, of a relevant finding for an inspection of the drinker or system. (2) The person must ensure the following— Current as at 1 July 2013 Page 27
Animal Care and Protection Regulation 2012 Schedule 1 (a) reasonable steps are taken to rectify the problem in the operation of the drinker or system; (b) if there is a problem in the operation of a drinker—the fowl has or has had access to water as required under section 16. 23 Action after inspection of feeder—person in charge of domestic fowl (1) This section applies if the person in charge of a domestic fowl— (a) has carried out an inspection, under section 17, of a feeder provided for the fowl and has made a relevant finding for the inspection; or (b) has been notified, under section 19, of a relevant finding for an inspection of the feeder. (2) The person must ensure— (a) if there is no or very little food in or on the feeder—the fowl has or has had access to food as required under section 15; or (b) if food in or on the feeder is contaminated— (i) the contaminated food is replaced with food that is not contaminated; and (ii) reasonable steps are taken to prevent future contamination of food provided by the feeder; or (c) if the feeder is an electronically or mechanically operated feeder and there is a problem in the operation of the feeder—reasonable steps are taken to rectify the problem. Page 28 Current as at 1 July 2013
Schedule 2 Animal Care and Protection Regulation 2012 Schedule 2 Code of practice about pigs section 2 Part 1 Preliminary 1 Definitions for sch 2 In this schedule— additional litter means a litter of piglets that a sow is required to foster in the sow’s reproductive cycle after the piglets that were the sow’s progenies in the cycle have been weaned. Example a sow being required to foster the piglets of another sow that has died boar means an uncastrated male pig over 9 months of age. breeding boar means a boar being kept for the purpose of breeding pigs. breeding gilt means a gilt being kept for the purpose of breeding pigs. breeding sow means a sow being kept for the purpose of breeding pigs. creep area means an area for keeping a sow’s piglets in which the piglets are protected from crushing and overlying by the sow. direct supervision , for carrying out a husbandry procedure on a pig, see section 4. essential equipment means mechanical equipment that is required for providing food and drinking water to pigs and ensuring their other environmental needs are met. Examples of other environmental needs a stable and comfortable temperature adequate lighting and ventilation farrowing means giving birth to piglets. Current as at 1 July 2013 Page 29
Animal Care and Protection Regulation 2012 Schedule 2 farrowing crate means an enclosure— (a) designed and constructed for housing only 1 sow during and after farrowing; and (b) of a size that does not allow the sow to turn around freely; and (c) that has a creep area adjacent to it. farrowing pen means a pen— (a) designed and constructed for housing only 1 sow and her piglets during and after farrowing; and (b) of a size that allows the sow and her piglets to turn around freely; and (c) that has a creep area in it. feeder means a trough, hopper or similar equipment from which food may be accessed by a pig. floor area see section 2. foster , in the context of a sow fostering piglets, means the sow feeding piglets that are not her progenies. gilt means a young female pig that is intended to be used for reproduction but has not had a first litter. husbandry procedure means a procedure to which section 5, 6, 7, 8, 9 or 10 applies. medication instruction means— (a) a prescription given by a veterinary surgeon; or (b) a written instruction for administering medicine that is— (i) prepared by the manufacturer or supplier of the medicine; and (ii) supplied with the medicine. pen means an enclosure that is designed and constructed for housing pigs. pig means a pig, other than a feral pig ( Sus scrofa ). Page 30 Current as at 1 July 2013
Animal Care and Protection Regulation 2012 Schedule 2 piglet means a pig up to the time it is weaned from the sow. sow means— (a) an adult female pig that has had at least 1 litter; or (b) a gilt that has been confirmed pregnant. stall means an enclosure that is designed and constructed for housing only 1 pig. suitably qualified , for carrying out a husbandry procedure on a pig, see section 3. surgical sterilisation procedure means a surgical procedure to render a pig sterile, including, for example, surgical castration. waterer , for a pig, means a trough or similar equipment from which drinking water may be accessed by a pig. weaner means a pig, other than a breeding boar, breeding gilt or breeding sow, after it has been weaned from the sow, whose live weight, rounded to the nearest kilogram, is no more than 30kg. 2 Meaning of floor area (1) The floor area , of a pen, a stall or a farrowing crate, means the area of the floor of the pen, stall or crate. (2) For subsection (1), the floor area of a pen, stall or farrowing crate includes an area of the floor covered by a feeder or waterer only if the feeder or waterer— (a) does not impede the movement of a pig being kept in the pen, stall or crate; and (b) is not reasonably likely to cause injury to a pig being kept in the pen, stall or crate. Current as at 1 July 2013 Page 31
Animal Care and Protection Regulation 2012 Schedule 2 Part 2 Competency requirements about husbandry procedures 3 Who is suitably qualified to carry out a husbandry procedure (1) A person is suitably qualified to carry out a husbandry procedure on a pig only if— (a) the person is a veterinary surgeon; or (b) a registered training organisation has issued the person either of the following that is relevant to carrying out the procedure— (i) a Certificate III in Agriculture (Pig Production) or an equivalent qualification; (ii) a statement of attainment for achieving the units of competency required for the Rural Production Training Package for pig production or an equivalent statement of attainment. (2) In this section— qualification see the Vocational Education, Training and Employment Act 2000 , schedule 3. registered training organisation see the Vocational Education, Training and Employment Act 2000 , schedule 3. statement of attainment see the Vocational Education, Training and Employment Act 2000 , schedule 3. 4 When a person is under direct supervision for a husbandry procedure A person (the supervised person ) carries out a husbandry procedure on a pig under the direct supervision of another person (the supervisor ) only if the supervisor— (a) instructs the supervised person about the procedure; and (b) is on the premises where the procedure is being carried out, while the procedure is being carried out; and Page 32 Current as at 1 July 2013
Animal Care and Protection Regulation 2012 Schedule 2 (c) is available to give additional instruction to the supervised person about carrying out the procedure, if required, while the procedure is being carried out; and (d) evaluates, including personally checking on a regular basis, the carrying out of the procedure by the supervised person. 5 Prescribed non-invasive husbandry procedures (1) A person may carry out a prescribed non-invasive husbandry procedure on a pig only if the person— (a) is competent to carry out the procedure; or (b) carries out the procedure under the direct supervision of a person who is competent to carry out the procedure. (2) In this section— prescribed non-invasive husbandry procedure means— (a) diagnosing whether or not a pig is pregnant by external ultrasonic examination; or (b) measuring a pig’s back fat in a way that does not penetrate its skin; or (c) administering medicine to a pig in compliance with a medication instruction by— (i) oral dosing; or (ii) topical application to the skin; or (iii) mixing the medicine with food. 6 Inspecting pigs A person may carry out an inspection of a pig kept for a commercial purpose only if the person— (a) is suitably qualified to carry out the inspection; or (b) carries out the inspection under the direct supervision of a person who is suitably qualified to carry out the inspection. Current as at 1 July 2013 Page 33
Animal Care and Protection Regulation 2012 Schedule 2 7 Invasive husbandry procedures (1) A person may carry out an invasive husbandry procedure on a pig only if the person— (a) is suitably qualified to carry out the procedure; or (b) carries out the procedure under the direct supervision of a person who is suitably qualified to carry out the procedure. (2) In this section— invasive husbandry procedure , for a pig, means a procedure relating to breeding, keeping, raising or caring for a pig that is invasive, but does not include a procedure to which section 5, 6, 8, 9 or 10 applies. Examples castrating a male pig younger than 3 weeks clipping a pig’s needle teeth docking a pig’s tail marking a pig for identification ringing a pig’s nose trimming a pig’s tusks 8 Administering vaccines and other medicines by injection A person may administer a vaccine or other medicine to a pig by injection only if the person— (a) is suitably qualified to administer the vaccine or other medicine by injection; or (b) administers the vaccine or other medicine— (i) under the direct supervision of a person who is suitably qualified to administer the vaccine or other medicine by injection; or (ii) in compliance with a medication instruction. Page 34 Current as at 1 July 2013
Animal Care and Protection Regulation 2012 Schedule 2 Note The Health (Drugs and Poisons) Regulation 1996 contains provisions regulating the administration and use of vaccines and particular medicines. 9 Surgical sterilisation of male pigs over 3 weeks of age A person may carry out a surgical sterilisation procedure on a male pig that is 3 weeks or older only if— (a) the person is a veterinary surgeon; or (b) the person— (i) is undertaking a course of study, or a qualifying examination, in veterinary science approved by the Veterinary Surgeons Board of Queensland established under the Veterinary Surgeons Act 1936 ; and (ii) carries out the procedure under the direct supervision of a veterinary surgeon. 10 Killing pigs (1) A person may kill a pig only if the person— (a) is suitably qualified to kill the pig; or (b) is acting under the direct supervision of a person who is suitably qualified to kill the pig. (2) However, a person other than a person acting under subsection (1) may kill a pig if— (a) it is necessary to kill the pig to prevent it from suffering; and (b) it would be inhumane to delay killing the pig until a person could kill it under subsection (1). Note For other requirements for the killing of pigs, see section 33. Current as at 1 July 2013 Page 35
Animal Care and Protection Regulation 2012 Schedule 2 Part 3 Food and water requirements 11 Access to food The person in charge of a pig must ensure— (a) the pig has access to food— (i) if the pig is a weaner—twice daily; or (ii) otherwise—daily; and (b) the food is adequate for keeping the pig in good health and meeting its physiological needs. 12 Access to water The person in charge of a pig must ensure— (a) the pig has access to drinking water at all times; and (b) the quality and quantity of the water meets the pig’s physiological needs. Part 4 Accommodation requirements 13 Housing requirements for pigs (1) This section applies whether or not a pig is ordinarily kept in single or group housing in a shed, shelter or other building or is allowed to range outside. (2) The person in charge of the pig must provide housing that is designed, constructed and maintained to protect the pig from adverse weather, injury, predators and other threats to the pig’s welfare. (3) If the housing is fitted with an automatically controlled forced-ventilation system, the person must ensure there is an effective backup system that will allow the housing to be ventilated if there is a power failure. Page 36 Current as at 1 July 2013
Animal Care and Protection Regulation 2012 Schedule 2 Examples of an automatically controlled forced-ventilation system fans or shutters controlled by temperature sensors (4) If the housing is naturally ventilated using automatically operated equipment, the person must ensure— (a) the equipment is inspected at least twice daily; or (b) there is an effective backup system that will allow the housing to be ventilated if there is a power failure. 14 Floor area requirements for indoor pens used to keep breeding boars (1) This section applies if— (a) only 1 pig is kept in an indoor pen; and (b) the pig is a breeding boar. (2) The person in charge of the boar must ensure the floor area of the indoor pen is no less than 6m 2 . 15 Floor area requirement for indoor pens used to keep breeding gilts whose live weight is greater than 100kg (1) This section applies if— (a) 2 or more pigs are kept in an indoor pen, other than a farrowing pen; and (b) all of the pigs are breeding gilts with a live weight greater than 100kg. (2) The person in charge of the gilts must ensure the floor area of the pen is no less than 1m 2 for each gilt. 16 Floor area requirement for indoor pens used to keep breeding sows (1) This section applies if— (a) 2 or more pigs are kept in an indoor pen; and (b) all of the pigs are breeding sows. Current as at 1 July 2013 Page 37
Animal Care and Protection Regulation 2012 Schedule 2 (2) The person in charge of the sows must ensure the floor area of the pen is no less than 1.4m 2 for each sow. 17 Floor area requirements for indoor pens used to keep weaners, growers or finishers (1) This section applies if— (a) only 1 pig is kept in an indoor pen and the pig is a weaner, grower or finisher; or (b) 2 or more pigs are kept in an indoor pen and all the pigs are either weaners, growers or finishers. (2) The person in charge of the pig or pigs must ensure the floor area of the pen is no less than— (a) if only 1 pig is kept in the pen—the minimum floor area stated in the minimum floor area table for the live weight of the pig, rounded to the nearest kilogram; or (b) if 2 or more pigs are kept in the pen—an area worked out using the following formula— FxN where— F means the minimum floor area stated in the minimum floor area table for the live weight that is the average live weight of the pigs, rounded to the nearest kilogram. N means the number of pigs. Example for paragraph (b) The following pigs are kept in an indoor pen— a grower with a live weight of 32.3kg a grower with a live weight of 50kg a grower with a live weight of 57.5kg a finisher with a live weight of 65kg. The average live weight of the pigs, rounded to the nearest kilogram, is 51kg. The floor area of the pen must be no less than 0.42m 2 (being the minimum floor area stated in the minimum floor area table for 51kg) x 4 (being the number of pigs), which is 1.68m 2 . Page 38 Current as at 1 July 2013
Animal Care and Protection Regulation 2012 Schedule 2 (3) In this section— average live weight , of 2 or more pigs, means the average of the live weights of the pigs. finisher means a pig, other than a breeding boar, breeding gilt or breeding sow, whose live weight, rounded to the nearest kilogram, is more than 60kg. grower means a pig, other than a breeding boar, breeding gilt or breeding sow, whose live weight, rounded to the nearest kilogram, is more than 30kg but no more than 60kg. minimum floor area table means the following table— Live weight (kg) Minimum floor Live weight (kg) Minimum floor area (m 2 ) area (m 2 ) 1 0.03 61 0.47 2 0.05 62 0.48 3 0.06 63 0.48 4 0.08 64 0.49 5 0.09 65 0.49 6 0.10 66 0.50 7 0.11 67 0.50 8 0.12 68 0.51 9 0.13 69 0.51 10 0.14 70 0.52 11 0.15 71 0.52 12 0.16 72 0.53 13 0.17 73 0.53 14 0.18 74 0.54 15 0.18 75 0.54 16 0.19 76 0.55 17 0.20 77 0.55 18 0.21 78 0.56 19 0.22 79 0.56 20 0.22 80 0.57 21 0.23 81 0.57 22 0.24 82 0.57 23 0.25 83 0.58 24 0.25 84 0.58 Current as at 1 July 2013 Page 39
Animal Care and Protection Regulation 2012 Schedule 2 Live weight (kg) 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Page 40 Minimum floor area (m 2 ) 0.26 0.27 0.27 0.28 0.29 0.29 0.30 0.31 0.31 0.31 0.32 0.33 0.34 0.34 0.35 0.36 0.36 0.37 0.37 0.38 0.38 0.39 0.40 0.40 0.41 0.41 0.42 0.42 0.43 0.43 0.44 0.45 0.45 0.46 0.46 0.47 Live weight (kg) Minimum floor area (m 2 ) 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 or greater 0.59 0.59 0.60 0.60 0.61 0.61 0.62 0.62 0.63 0.63 0.63 0.64 0.64 0.65 0.65 0.66 0.66 0.67 0.67 0.67 0.68 0.68 0.69 0.69 0.70 0.70 0.70 0.71 0.71 0.72 0.72 0.72 0.73 0.74 0.74 0.74 Current as at 1 July 2013
Animal Care and Protection Regulation 2012 Schedule 2 18 Floor area requirement for indoor farrowing pens used to keep breeding sows (1) This section applies if— (a) only 1 pig is kept in an indoor farrowing pen; and (b) the pig is a breeding sow. (2) The person in charge of the sow must ensure the floor area of the farrowing pen is no less than 5.6m 2 . 19 General requirements for stalls used to keep pigs (1) This section applies if a pig is kept in a stall. Note For measurement requirements for indoor stalls for particular pigs, see sections 20 and 21. (2) The person in charge of the pig must ensure— (a) the pig can stand, stretch and lie with its limbs extended in the stall without being obstructed by the stall, including, for example, by bars, railings and fittings; and (b) the pig can stand in the stall without touching, at the same time, the opposite sides of the stall; and (c) when the pig lies in the stall, its snout and hindquarters do not touch, at the same time, the opposite ends of the stall; and (d) if the stall has bars fitted on the top, the pig’s back does not touch the bars when the pig stands at rest or lowers its head; and (e) the pig can easily access a feeder and waterer; and (f) the placement of feeders or waterers does not— (i) interfere with the pig’s ability to stand, stretch, move or lie in the stall; or (ii) injure the pig; and (g) the stall is designed and constructed to minimise the risk of harm to the pig from a pig in an adjoining stall; and Current as at 1 July 2013 Page 41
Animal Care and Protection Regulation 2012 Schedule 2 Example ensuring the stall is fitted with a barrier (h) reasonable steps are taken to avoid injury to the pig because of contact with another pig in an adjoining stall; and Example ensuring that 2 aggressive boars or a sow and an aggressive boar are not kept in adjoining stalls (i) faeces and urine do not accumulate in the stall so that the pig does not have an area clear of faeces and urine in which to lie. (3) In this section— ends , of a stall, means the shorter sides of the stall that, if a pig were standing in the stall, would ordinarily be parallel to the front and back of the pig. sides , of a stall, means the longer sides of the stall that, if a pig were standing in the stall, would ordinarily be parallel to the sides of the pig. 20 Measurement requirements for indoor stalls used to keep breeding boars (1) This section applies if— (a) only 1 pig is kept in an indoor stall; and (b) the pig is a breeding boar. Note For general requirements for stalls used to keep pigs, see section 19. (2) The person in charge of the boar must ensure— (a) the length of the stall is no less than 2.4m; and (b) the width of the stall is no less than 0.7m. 21 Measurement requirements for indoor stalls used to keep sows (1) This section applies if— Page 42 Current as at 1 July 2013
Animal Care and Protection Regulation 2012 Schedule 2 (a) only 1 pig is kept in an indoor stall; and (b) the pig is a sow. Note For general requirements for stalls used to keep pigs, see section 19. (2) The person in charge of the sow must ensure— (a) the length of the stall is no less than 2.2m; and (b) the width of the stall is no less than 0.6m. 22 Releasing boars from stalls for mating or exercise If a boar is kept in a stall, the person in charge of the boar must ensure it is released from the stall no less than twice a week for mating or exercise. 23 General requirements for farrowing crates used to keep sows (1) This section applies if— (a) only 1 pig is kept in a farrowing crate; and (b) the pig is a sow. Note For measurement requirements for indoor farrowing crates used to keep sows, see section 24. (2) The person in charge of the sow must ensure— (a) the crate is designed and constructed to minimise the risk of the sow lying on her piglets; and (b) the sow can give birth to piglets— (i) without being obstructed by the crate; and (ii) in a way that minimises the risk of the piglets being crushed, trapped or otherwise injured; and (c) the sow can suckle her piglets so that the piglets have reasonable access to both sides of her udder; and Current as at 1 July 2013 Page 43
Animal Care and Protection Regulation 2012 Schedule 2 (d) the sow can access food and water without being obstructed by the crate. (3) The person in charge of the sow must ensure the sow is not kept in the crate for more than a total of— (a) if the sow is required to foster an additional litter—12 weeks in the sow’s reproductive cycle; or (b) otherwise—6 weeks in the sow’s reproductive cycle. Note For the requirement to keep particular records for sows, see section 5 of the regulation. (4) In this section— sow includes a breeding sow. 24 Measurement requirements for indoor farrowing crates used to keep sows (1) This section applies if— (a) only 1 pig is kept in an indoor farrowing crate; and (b) the pig is a sow. Note For general requirements for farrowing crates used to keep sows, see section 23. (2) The person in charge of the sow must ensure— (a) the length of the crate is no less than 2m; and (b) the width of the crate is no less than 0.5m; and (c) the total of the floor area of the crate, and the area of the creep area adjacent to it, is no less than 3.2m 2 . (3) For subsection (2)(a), the length must be measured on the inside of the crate. (4) For subsection (2)(b), the width must be measured on the inside of the crate, at a level no higher than 450mm above the floor of the crate. Page 44 Current as at 1 July 2013
Part 5 Animal Care and Protection Regulation 2012 Schedule 2 Requirements for particular equipment and systems 25 Inspection and maintenance of essential equipment The person in charge of a pig must ensure essential equipment used to keep the pig is inspected daily and kept in good working order. 26 Risk management system (1) The person in charge of a pig must establish, implement and maintain a risk management system that ensures the pig is adequately fed and watered and its other environmental needs are met if there is— (a) a malfunction of essential equipment; or (b) a delay in supplying food or water. (2) In this section— risk management system means a written procedure that— (a) identifies, monitors, mitigates and effectively manages risks to a pig’s food supply, water supply and other environmental needs; and (b) includes a system for daily inspection of mechanical equipment essential for provision of a pig’s food, water and other environmental needs. Examples of other environmental needs a stable and comfortable temperature adequate lighting and ventilation Current as at 1 July 2013 Page 45
Animal Care and Protection Regulation 2012 Schedule 2 Part 6 Other requirements 27 Health inspections The person in charge of a pig must ensure the pig is inspected, at least once a day, to assess its health and wellbeing. 28 Health management (1) The person in charge of a pig must establish, implement and maintain a herd health program for the pig. (2) Subject to subsection (3), if a pig is sick, weak or injured, the person in charge of the pig must ensure the pig is— (a) isolated from other pigs; and (b) given appropriate veterinary treatment. (3) If a pig is suffering from an incurable disease or injury or a painful deformity, the person in charge of the pig must ensure the pig is— (a) isolated from other pigs; and (b) given appropriate veterinary treatment or killed. Note For limitations and other requirements for the killing of pigs, see sections 10 and 33. (4) In this section— herd health program , for a pig, means a written procedure that— (a) identifies potential risks to the pig of sickness or disease; and (b) provides for specific actions to prevent or minimise the risks. Page 46 Current as at 1 July 2013
Animal Care and Protection Regulation 2012 Schedule 2 29 Farrowing and weaning (1) The person in charge of a piglet must ensure the piglet is checked within 24 hours of its birth to ensure it is feeding and receiving colostrum or an appropriate substitute. (2) If a sow dies and a piglet of the sow has not been weaned or is not receiving adequate nutrition, the person in charge of the piglet must ensure the piglet is— (a) fostered by another sow; or (b) weaned; or (c) hand-reared; or (d) killed. Note For limitations and other requirements for the killing of pigs, see sections 10 and 33. (3) If a sow is required to foster an additional litter, the person in charge of the sow must ensure the sow is given appropriate additional care to ensure its good health and wellbeing. Example ensuring the sow is exercised regularly, receives additional nutrition and is supervised more intensively than other sows (4) In this section— colostrum means milk with a high protein and antibody content that is secreted by a sow for the first few days after farrowing. 30 Sterilisation of male pigs (1) A person may sterilise a male pig only by carrying out on the pig— (a) a surgical sterilisation procedure; or (b) an immunocastration procedure. (2) If the person is carrying out a surgical sterilisation procedure on a male pig 3 weeks or older, the person must administer anaesthetic to the pig for the procedure. Current as at 1 July 2013 Page 47
Animal Care and Protection Regulation 2012 Schedule 2 (3) In this section— immunocastration procedure means administration of a vaccine that makes a pig temporarily or permanently sterile by preventing the release of, or otherwise affecting the action of, the pig’s endogenous gonadotropins. 31 Restraining pigs (1) The person in charge of a pig must ensure the pig is not restrained by tethering. (2) In this section— tethering , a pig, means restraining the pig by attaching one end of a chain or wire to a collar around the pig’s neck or a girth around the pig’s body and the other end of the chain or wire to a part of a stall. 32 Moving pigs The person in charge of a pig must not allow either of the following to be used to move the pig— (a) an electric prodding device; (b) a dog, unless— (i) the dog is under the control of the person who has custody of the pig; and (ii) if the dog has attacked, or acted in a way that has caused fear to, a person or another animal—the dog is muzzled. 33 Killing pigs A person who kills a pig must ensure it is killed in a way that— (a) causes rapid unconsciousness and death immediately after unconsciousness happens; and (b) is otherwise humane. Page 48 Current as at 1 July 2013
Schedule 3 Animal Care and Protection Regulation 2012 Schedule 3 Documents made as codes of practice section 3 Part 1 Compulsory codes of practice 1 ‘Queensland code of practice for the welfare of animals in circuses’, published by the department, 2003. Part 2 Voluntary codes of practice 1 ‘Australian code of practice for the welfare of cattle in beef feedlots’, in section 2.2, appendix 2.2A of the ‘National guidelines for beef cattle feedlots in Australia’, 2nd edition, prepared for the Standing Committee on Agriculture and Resource Management, published by CSIRO, 1997, SCARM Report No. 47. 2 ‘Australian model code of practice for the welfare of animals—Cattle’, 2nd edition, prepared for the Primary Industries Standing Committee, published by CSIRO, 2004, PISC Report No. 85. 3 ‘Australian model code of practice for the welfare of animals—Land transport of cattle’, prepared for the Standing Committee on Agriculture and Resource Management, published by CSIRO, 1999, SCARM Report No. 77. 4 ‘Model code of practice for the welfare of animals—Animals at saleyards’, prepared for the Standing Committee on Agriculture, Animal Health Committee, published by CSIRO, 1991, SCA Technical Report Series No. 31. 5 ‘Model code of practice for the welfare of animals—Domestic poultry’, 4th edition, prepared for the Primary Industries Current as at 1 July 2013 Page 49
Animal Care and Protection Regulation 2012 Schedule 3 Standing Committee, published by CSIRO, 2002, SCARM Report No. 83. 6 ‘Model code of practice for the welfare of animals—Farmed buffalo’, prepared for the Standing Committee on Agriculture and Resource Management, Animal Health Committee, published by CSIRO, 1995, SCARM Report Series No. 52. 7 ‘Model code of practice for the welfare of animals—Feral livestock animals: Destruction or capture handling and marketing’, prepared for the Standing Committee on Agriculture, Animal Health Committee, published by CSIRO, 1991, SCA Technical Report Series No. 34. 8 ‘Model code of practice for the welfare of animals—Husbandry of captive-bred emus’, 2nd edition, prepared for the Primary Industries Standing Committee, published by CSIRO, 2006, PISC Report No. 90. 9 ‘Model code of practice for the welfare of animals—Intensive husbandry of rabbits’, prepared for the Standing Committee on Agriculture, Animal Health Committee, published by CSIRO, 1991, SCA Technical Report Series No. 33. 10 ‘Model code of practice for the welfare of animals—Land transport of horses’, prepared for the Standing Committee on Agriculture and Resources Management, published by CSIRO, 1998, SCARM Report No. 62. 11 ‘Model code of practice for the welfare of animals—Land transport of pigs’, prepared for the Standing Committee on Agriculture and Resource Management, published by CSIRO, 1997, SCARM Report No. 63. 12 ‘Model code of practice for the welfare of animals—Land transport of poultry’, 2nd edition, prepared for the Primary Industries Standing Committee, published by CSIRO, 2006, PISC Report No. 91. 13 ‘Model code of practice for the welfare of animals—Livestock at slaughtering establishments’, prepared for the Standing Committee on Agriculture and Resource Management, published by CSIRO, 2001, SCARM Report No. 79. Page 50 Current as at 1 July 2013
Animal Care and Protection Regulation 2012 Schedule 3 14 ‘Model code of practice for the welfare of animals—Pigs’, 3rd edition, prepared for the Primary Industries Standing Committee, published by CSIRO, 2008, PISC Report No. 92. 15 ‘Model code of practice for the welfare of animals—The camel (Camelus dromedarius)’, 2nd edition, prepared for the Primary Industries Standing Committee, published by CSIRO, 2006, PISC Report No. 86. 16 ‘Model code of practice for the welfare of animals—The farming of deer’, prepared for the Standing Committee on Agriculture, Animal Health Committee, published by CSIRO, 1991, SCA Technical Report Series No. 30. 17 ‘Model code of practice for the welfare of animals—Farming of ostriches’, prepared for the Primary Industries Standing Committee, published by CSIRO, 2003, SCARM Report No. 84. 18 ‘Model code of practice for the welfare of animals—The goat’, prepared for the Standing Committee on Agriculture, Animal Health Committee, published by CSIRO, 1991, SCA Technical Report Series No. 32. 19 ‘Model code of practice for the welfare of animals—The sheep’, 2nd edition, prepared for the Primary Industries Standing Committee, published by CSIRO, 2006, PISC Report No. 89. 20 ‘Queensland code of practice for the welfare of animals in film production under the Animal Care and Protection Act 2001 ’, published by the department, 2006. Current as at 1 July 2013 Page 51
Animal Care and Protection Regulation 2012 Schedule 4 Schedule 4 Fees section 11 $ 1 Application for registration (Act, s 52(2)(d))— (a) of an individual . . . . . . . . . . . . . . . . . . . . . . . . . . . 683.40 (b) of all State schools, if the application is made by the State on behalf of the schools . . . . . . . . . . . . . 333.30 (c) of a corporation or corporation sole that carries on, or is the governing body of, a primary or secondary school . . . . . . . . . . . . . . . . . . . . . . . . . . 333.30 (d) of another corporation or a public authority, if the corporation or authority has— (i) fewer than 10 employees . . . . . . . . . . . . . . . . 683.40 (ii) 10 to 50 employees . . . . . . . . . . . . . . . . . . . . 1 025.85 (iii) more than 50 employees . . . . . . . . . . . . . . . . 1 367.05 2 Copy of the register or a part of the register (Act, s 62(c)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.90 3 Application for replacement registration certificate (Act, s 88(2)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68.20 4 Application for approval to conduct a test or use an animal in a way mentioned in the Act, section 92 (Act, s 93(2)). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 683.40 Page 52 Current as at 1 July 2013
Endnotes Animal Care and Protection Regulation 2012 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992 , section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2013. Future amendments of the Animal Care and Protection Regulation 2012 may be made in accordance with this reprint under the Reprints Act 1992 , section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Current as at 1 July 2013 Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised version = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered Page 53
Animal Care and Protection Regulation 2012 Endnotes 4 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3237 0466 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint No. 1 Amendments included none Effective 24 August 2012 Notes Current as at 1 March 2013 21 June 2013 1 July 2013 Amendments included 2013 SL No. 23 2013 SL No. 103 2013 SL No. 102 Notes 5 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Animal Care and Protection Regulation 2012 SL No. 141 made by the Governor in Council on 23 August 2012 notfd gaz 24 August 2012 pp 1065–6 commenced on date of notification exp 1 September 2022 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Page 54 Current as at 1 July 2013
Animal Care and Protection Regulation 2012 Endnotes Animal Care and Protection Amendment Regulation (No. 1) 2013 SL No. 23 notfd gaz 1 March 2013 pp 331–2 commenced on date of notification Agriculture and Fisheries Legislation Amendment Regulation (No. 1) 2013 SL No. 102 pts 1, 3 notfd gaz 21 June 2013 pp 503–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2013 (see s 2) Animal Care and Protection Amendment Regulation (No. 2) 2013 SL No. 103 notfd gaz 21 June 2013 pp 503–7 commenced on date of notification 6 List of annotations Declared class of persons for inspectors—Act, s 114 s 9 sub 2013 SL No. 23 s 3 SCHEDULE 1—CODE OF PRACTICE ABOUT DOMESTIC FOWL Definitions for sch 1 s 1 def front ins 2013 SL No. 103 s 3(1) Additional general requirements for cages installed on or after 1 January 1995 s 4 amd 2013 SL No. 103 s 3(2)–(4) Door opening requirement for cages installed on or after 1 July 2013 s 4A ins 2013 SL No. 103 s 3(5) Requirements for outdoor area of free range system s 14 sub 2013 SL No. 103 s 3(6) SCHEDULE 4—FEES sub 2013 SL No. 102 s 6 © State of Queensland 2013 Authorised by the Parliamentary Counsel Current as at 1 July 2013 Page 55