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?