Animal Law and Farming Practices Angela Pollard Kimbah Pengelly Northern Rivers CLC http://www.animalsaustralia.org/features/newspaper-ads-speak-up-for- bobby-calves.php
May 20, 2015
Animal Law and Farming Practices
Angela Pollard Kimbah Pengelly
Northern Rivers CLC
http://www.animalsaustralia.org/features/newspaper-ads-speak-up-for-bobby-calves.php
Disclaimer
This presentation is provided for the purposes of general information and education, and is not intended as specific legal advice on any matter. If you or your client’s have a legal problem you should consult a lawyer.
To the extent permissible by law, the Northern Rivers Community Legal Centre disclaims all liability for any detriment arising from reliance upon this publication.
Overview of the protection of animals under Australian law
• Each state and territory has its own animal welfare legislation
• New South Wales: Prevention of Cruelty to Animals Act 1979
• permissible to be cruel to animals where that cruelty is ‘necessary’, ‘justifiable’ or ‘reasonable’
• Lack of enforcement
Necessary and Justifiable
Mulesing
• extremely painful for the animal
• exempt from animal cruelty laws because it is deemed necessary and justifiable
• does not eliminate the incidence of fly strike
• careful husbandry can protect sheep from flystrike without surgery
Source: http://syd-film-blog.blogspot.com.au/2010/09/i-am-lamb-712.html
Model Codes of Practice for the Welfare of Animals
• Model Code of Practice for the Welfare of Animals: Animals at Saleyards• Model Code of Practice for the Welfare of Animals: Cattle• Model Code of Practice for the Welfare of Animals: Domestic Poultry• Model Code of Practice for the Welfare of Animals: Farmed Buffalo• Model Code of Practice for the Welfare of Animals: Farming of Ostriches• Model Code of Practice for the Welfare of Animals: Feral Livestock Animals• Model Code of Practice for the Welfare of Animals: Husbandry of Captive-Bred Emus• Model Code of Practice for the Welfare of Animals: Intensive Husbandry of Rabbits• Model Code of Practice for the Welfare of Animals: Land Transport of Cattle• Model Code of Practice for the Welfare of Animals: Land Transport of Horses• Model Code of Practice for the Welfare of Animals: Land Transport of Pigs• Model Code of Practice for the Welfare of Animals: Land Transport of Poultry• Model Code of Practice for the Welfare of Animals: Livestock at Slaughtering Establishments• Model Code of Practice for the Welfare of Animals: Pigs• Model Code of Practice for the Welfare of Animals: The Camel• Model Code of Practice for the Welfare of Animals: The Farming of Deer• Model Code of Practice for the Welfare of Animals: The Goat• Model Code of Practice for the Welfare of Animals: The Sheep
Australian Animal Welfare Standards and Guidelines.
STANDARDS
• will be the legal requirements for livestock welfare
• will use the word ‘must’
• provide the basis for developing and implementing consistent legislation and enforcement across Australia
GUIDELINES
• are the recommended practices
• will use the word ‘should’
• Non-compliance with one or more guidelines will not constitute an offence under law.
The Process
Animal Health Australia• Manages the development of the Standards• Membership comprises industry bodies including
producers, transporters and abattoirs• Funded by Government and industry
Source: http://www.theage.com.au/opinion/politics/cattle-ban-will-mean-food-shortage-for-indonesias-poor-20110608-1fszg.html
Australian Land Transport Standards and Guidelines
• combines seven Models Codes of Practice relating to land transport
• replaces provisions on livestock transport appearing in 13 other Codes
• applies to the major commercial livestock species; cattle, sheep, pigs, goats, poultry (broilers, layers, turkeys, ducks, geese), ratites (emus and ostrich), buffalo, deer, camels, alpacas and horses
Progress
• Land Transport Standards were endorsed by the Primary Industry Ministerial Council in May 2009
• Each state and territory is now responsible for implementation
• Mandatory? No• Consistent? Probably not…
Source: http://cute-n-tiny.com/cute-animals/top-10-cutest-piglets-youll-see-today/
Case Study: Bobby Calves
Source: http://www.ethicalliving.com.au/2011/03/welfare-at-heart-of-bobby-calves-issue/
Revised welfare standards forBobby Calves
Source: http://www.animalsaustralia.org/features/bobby-calf-public-consultation.php
Where to from here?
• Consistency?
• Enforcement?
• Improved standards for animal welfare?