Queensland Consolidated Acts

ANIMAL CARE AND PROTECTION ACT 2001 - SECT 42

42 Feral or pest animals

(1) This section applies for an offence if the act that constitutes the offence is—

(a) an act done by a person to control a feral animal or pest animal, including, for example, by killing it; and

(b) the act does not involve the use of—

(i) a prohibited trap or spur; or

(ii) a poison that includes the ingredients carbon disulfide and phosphorus.

Example—

CSSP Pig Poison

(2) It is an offence exemption for the offence—

(a) if the act is done in a way that causes the animal as little pain as is reasonable; and

(b) the control complies with any conditions prescribed under a regulation.

(3) In this section—

"feral animal" means an animal living in a wild state that is a member of a class of animals that usually live in a domestic state.

Examples of classes of animals that usually live in a domestic state—

buffalo, cats, dogs, donkeys, goats, horses and pigs

"pest animal" means any of the following—

(a) a non-indigenous animal generally regarded as being a pest;

Examples—

black rats, brown rats and cane toads

(b) an animal that is prohibited matter or restricted matter under the Biosecurity Act 2014 ;

Notes—

1 See the Biosecurity Act 2014 , schedule 1 or schedule 2 .

2 See also the note to the Biosecurity Act 2014 , schedules 1 and 2 .

(c) an animal declared under a regulation made under this Act to be a pest;

(d) an animal required to be controlled under an Act;

(e) an animal the subject of a measure or program to control disease under the Biosecurity Act 2014 or another Act.