South Australia Animal Welfare Regulations 2000 under the Animal Welfare Act 1985 Contents Part 1--Preliminary 1 Short title 4 Interpretation 5 Inspectors 5A Codes of practice Part 2--Animal welfare offences 6 Ill treatment of animals 7 Use of electroimmobilisers 8 Use of certain other electrical devices 11 Use of steel jaw traps prohibited in certain circumstances 12 Use of gel to catch or deter birds prohibited Part 3--Rodeos 13C Interpretation 13D Only horses and cattle to be used in rodeo events 13E Permit to conduct rodeo 13F General requirements for conducting rodeos 13G Inspections by designated rodeo judge 13H Regulation of use and care of rodeo animals 13I Requirements and prohibitions relating to equipment 13J Special restrictions relating to use of electrical prods and goads 13K Reports to Minister on conduct of rodeo Part 3A--Domestic fowls 13L Interpretation 13M General requirements 13N Requirements relating to confining domestic fowls in cages 13O Requirements relating to keeping domestic fowls in housing other than cages Part 4--Teaching and research involving animals 14 Certain research prohibited except for limited purposes 15 Application for licence under Part 4 of the Act 16 Annual reports of animal ethics committee Part 5--Pigs Division 1--Preliminary 21 Interpretation 22 Application of Part 23 Exemptions from Part 24 Keeping records Division 2--General requirements 25 Day-to-day care of pigs 26 Medical and surgical procedures Division 3--Keeping pigs in indoor housing 27 Application of Division 28 Pigs in individual housing--minimum space and welfare requirements 29 Pigs in group housing--minimum space and welfare requirements 30 Equipment in indoor housing Schedule 1--Fees Schedule 2--Codes of practice Legislative history Part 1--Preliminary 1--Short title These regulations may be cited as the Animal Welfare Regulations 2000. 4--Interpretation In these regulations-- Act means the Animal Welfare Act 1985; animal ethics committee means an animal ethics committee established under section 23 of the Act; rodeo event--see regulation 13C. 5--Inspectors (1) For the purposes of the definition of qualified person in section 28 of the Act, the following training is prescribed: (a) a course of basic training for inspectors provided, from time to time, by the Minister; (b) a course of training that would, in the opinion of the Minister, qualify a person to be appointed as a member of a police force of the Commonwealth or a State or Territory of the Commonwealth; (c) a course of training approved by the Minister provided by-- (i) the Royal Society for the Prevention of Cruelty to Animals (South Australia) (RSPCA) or an organisation corresponding to the RSPCA in another State or a Territory of the Commonwealth; or (ii) a public sector agency of the Commonwealth or a State or Territory of the Commonwealth. (2) An inspector is authorised to give expiation notices for an alleged offence against the Act or these regulations. 5A--Codes of practice (1) A person described in an entry in Schedule 2 must, in carrying out an activity described in that entry, ensure compliance with the code of practice and any modifications specified in the entry. Maximum penalty: $2 500. Expiation fee: $210. (2) For the purposes of section 43 of the Act, each of the codes of practice specified in Schedule 2 is a prescribed code of practice. Part 2--Animal welfare offences 6--Ill treatment of animals (1) For the purposes of section 13 of the Act, a person ill treats an animal if-- (a) except where a veterinary surgeon has certified in writing that any of the following procedures is necessary for the control of disease--the person-- (i) surgically reduces the ability of an animal to produce a vocal sound; or (ii) docks the tail of a dog; or (iii) crops an animal's ear; or (iv) docks or nicks a horse's tail or docks the tail of an animal of the genus Bos or Bubalus; or (b) the person-- (i) traps an animal in a steel jaw trap that has been set in contravention of regulation 11; or (ii) catches a bird by using a gel that has been applied in contravention of regulation 12. (2) However, a person who is a veterinary surgeon may-- (a) surgically reduce the ability of an animal to produce a vocal sound if satisfied that-- (i) the procedure is required for therapeutic purposes; or (ii) there is no other reasonably practicable means of preventing the animal from causing a nuisance by creating noise; or (b) dock a dog's tail if satisfied the procedure is required for therapeutic purposes; or (c) crop an animal's ear if satisfied the procedure is required for therapeutic purposes. 7--Use of electroimmobilisers (1) For the purposes of section 15 of the Act, a person must not apply an electroimmobiliser to an animal unless-- (a) the animal is a class 1, class 2, class 3 or class 4 animal; and (b) the electroimmobiliser is a device of a kind approved by the Minister as an authorised electroimmobiliser under this regulation; and (c) the electroimmobiliser is used only for the purpose of restraining the animal for as short a time as is practicable while a routine husbandry procedure is carried out on the animal; and (d) -- (i) the person using the electroimmobiliser is the holder of a certificate issued under this regulation for the relevant class of animal or is acting under the direct supervision of a person who holds such a certificate; or (ii) the electroimmobiliser was acquired before 11 July 1996 by the person using it or by the person under whose direct supervision it is being used. (2) Subregulation (1) does not apply to a person who is using an electroimmobiliser for the purposes of carrying out research into the use of electroimmobilisers as part of a research program approved by an animal ethics committee, if that person is the holder of a certificate issued under this regulation (for any class of animal) or is acting under the direct supervision of a person who holds such a certificate. (3) If a person sells, leases, hires out, gives or lends an electroimmobiliser to another person without that other person first producing an apparently genuine certificate issued in his or her name under this regulation, each party to the transaction is guilty of an offence. Maximum penalty: $2 500. Expiation fee: $210. (4) For the purposes of this regulation-- (a) the Minister may, on the recommendation of the Animal Welfare Advisory Committee, approve a device of a specified kind as an authorised electroimmobiliser; (b) a person approved by the Minister to conduct an approved course of training in the proper use of an electroimmobiliser may issue a certificate (in a form approved by the Minister) to a person certifying that the person has satisfactorily completed such a course in respect of a specified class of animals (being class 1, 2, 3 or 4 animals). (5) An approval under subregulation (4)-- (a) may be subject to conditions; and (b) may be varied or revoked by the Minister at any time (but in the case of an approval of a device only on the recommendation of the Animal Welfare Advisory Committee). (6) In this regulation-- class 1 animal means an animal of the genus Bos (cattle, buffalo and bison); class 2 animal means an animal of the genus Lama (alpacas and llamas), Cervus, Dama or Axis (deer) or Camelus (camels); class 3 animal means an animal of the genus Capra (goats) or Ovis (sheep); class 4 animal means a bird of the genus Struthio (ostriches) or Dromaius (emus); electroimmobiliser means an electrical device designed to temporarily immobilise an animal. 8--Use of certain other electrical devices (1) For the purposes of section 15 of the Act, a person must not-- (a) place on an animal a collar designed to impart an electric shock; or (b) subject to these regulations, apply an electrical prod or goad to an animal. (2) A person may only apply an electrical prod or goad (whether or not switched on) to an animal in the following circumstances: (a) if the animal is to be used or is being used in a rodeo event and the prod or goad complies with, and is applied to the animal in accordance with, Part 3A; (b) in any other case-- (i) the animal is a prescribed animal; and (ii) the prod or goad is not applied to the face, udders or genitals of the animal; and (iii) the prod or goad is applied as sparingly as possible and (in any event) with restraint. (3) In this regulation-- prescribed animal means-- (a) an animal of the genus Bos or Bubalus; or (b) an animal of the genus Sus (other than a pig that is being kept in the course of the business of a piggery). 11--Use of steel jaw traps prohibited in certain circumstances (1) A person must not set a leg hold steel jaw trap unless-- (a) the trap is set for a wild or feral dog; and (b) the trap is set on land that is not within the area of a municipal council; and (c) the trap is set more than 100 metres outside the portion of the State bounded by the dog fence established under the Dog Fence Act 1946, the eastern border of the State and the coast of the State; and (d) the jaws of the trap are bound with a cloth steeped in sufficient strychnine to ensure a rapid death for any animal caught in the trap. Maximum penalty: $2 500. Expiation fee: $210. (2) A person must not set a body grip trap unless-- (a) the trap is set on land that is not within the area of a municipal council; and (b) the trap is set for a rabbit or rat; and (c) the trap is set in a natural or artificial tunnel or burrow for a rabbit or rat; and (d) the external frame of the trap does not exceed 14 centimetres by 14 centimetres. Maximum penalty: $2 500. Expiation fee: $210. Note-- Subregulation (2)(d) allows traps known as #110 to be used. (3) This regulation does not apply to-- (a) the setting of a body grip trap to control vermin or exotic animals in a reserve within the meaning of the National Parks and Wildlife Act 1972; or (b) the setting of a body grip trap with a single steel jaw for a mouse or rat; or (c) the setting of a trap for the purposes of carrying out research as part of a research program approved by an animal ethics committee if the jaws of the trap are sufficiently padded, or the trap has been otherwise modified, so that any animal caught in the trap is unlikely to suffer significant injury. 12--Use of gel to catch or deter birds prohibited A person must not apply a silicon gel to any tree, plant, building or other structure or thing for the purpose of catching birds or deterring birds from perching on it. Maximum penalty: $2 500. Expiation fee: $210. Part 3--Rodeos 13C--Interpretation In this Part-- animal handling equipment means bridles, whips, prods and goads (whether electrical or not), ropes and any other article used to handle or direct an animal or to get an animal to move; application means an application for a permit to conduct a rodeo; designated permit holder means the person designated in an application as the person who will be conducting the rodeo; designated person, in relation to a rodeo, means-- (a) the designated permit holder; or (b) the designated rodeo judge; or (c) the designated rodeo veterinary surgeon; or (d) the designated stock contractor, (as the case requires); designated rodeo judge means the person designated in an application as the person who will officiate as the judge at the rodeo, or, if that person does not do so, the person who acts in the place of that person; designated rodeo veterinary surgeon means the veterinary surgeon designated in an application as the veterinary surgeon who will provide veterinary treatment at the rodeo, or, if that veterinary surgeon does not do so, the veterinary surgeon who acts in the place of that veterinary surgeon; designated stock contractor means the person designated in an application as the stock contractor who will provide horses and cattle for the rodeo events, or, if that stock contractor does not do so, the person who acts in the place of that stock contractor; rodeo event means any of the following events: (a) saddle bronc riding; (b) bareback bronc riding; (c) bull riding; (d) steer riding; (e) roping or tying; (f) team roping; (g) steer wrestling. 13D--Only horses and cattle to be used in rodeo events It is an offence to use an animal other than a horse or cattle in a rodeo event. Maximum penalty: $2 500. Expiation fee: $210. 13E--Permit to conduct rodeo (1) An application for a permit to conduct a rodeo must be made at least 28 days before the day on which it is proposed to conduct the rodeo. (2) The application must contain the name and address of-- (a) the designated permit holder; and (b) the designated rodeo judge; and (c) the designated rodeo veterinary surgeon; and (d) the designated stock contractor, and be signed by the designated permit holder. 13F--General requirements for conducting rodeos (1) A person must not conduct a rodeo at a venue at which there is not sufficient fencing so as to ensure (so far as is reasonably practicable) the safety of competitors and other participants, spectators and animals at the rodeo. Maximum penalty: $2 500. (2) A person conducting a rodeo must ensure that the fencing (whether fixed or portable) at the venue where the rodeo is to be conducted is designed, constructed and maintained so that-- (a) it minimises the risk of injury to animals at the rodeo; and (b) it is clearly visible to animals at the rodeo; and (c) each chute is at least 0.75 metres wide at the gate end of the chute; and (d) it facilitates the quiet and efficient handling of animals at the rodeo. Maximum penalty: $2 500. (3) A person conducting a rodeo must ensure that no rodeo event is conducted unless the arena and arena surface at the venue where the rodeo is to be conducted are suitable for the purposes of the event. Maximum penalty: $2 500. (4) A person conducting a rodeo must ensure that no rodeo event is conducted at the rodeo unless-- (a) the designated rodeo veterinary surgeon is in attendance during the event; and (b) appropriate transport is available to transport sick, lame or injured animals from the rodeo. Maximum penalty: $2 500. Expiation fee: $210. (5) A person conducting a rodeo must ensure that a copy of these regulations is made available free of charge at the rodeo for inspection by the competitors, the designated rodeo judge, the designated rodeo veterinary surgeon and the designated stock contractor. Maximum penalty: $2 500. Expiation fee: $210. 13G--Inspections by designated rodeo judge The designated rodeo judge for a rodeo must, before the rodeo is conducted, carry out the following inspections at the venue where the rodeo is to be conducted to ensure compliance with this Part: (a) an inspection of the animals to be used in the rodeo events; (b) an inspection of the arena and arena surface; (c) an inspection of the fencing (both fixed and portable). Maximum penalty: $2 500. Expiation fee: $210. 13H--Regulation of use and care of rodeo animals (1) The designated stock contractor for a rodeo must ensure that each animal supplied by the stock contractor that is to be used in a rodeo event complies with the following requirements: (a) the animal must have a body weight of at least 200 kilograms; (b) the animal must not be sick, lame, injured or suffering from defective eyesight; (c) the animal, if female, must not have dependant offspring at foot; (d) any horse to be used in a rodeo event that involves bucking must be at least 3 years of age; (e) any animal to be used in a rodeo event that involves wrestling, roping or tying the animal must have a body weight of at least 200 kilograms but less than 300 kilograms; (f) the animal must be otherwise fit to be used in the rodeo event. Maximum penalty: $2 500. (2) The designated stock contractor for a rodeo must also ensure that-- (a) horses supplied by the stock contractor are penned and managed in separate enclosures from cattle supplied by the stock contractor during transport to and from the rodeo; and (b) an animal is removed from the arena immediately following the rodeo event in which the animal is used; and (c) an animal is immediately removed from a chute if-- (i) the animal fails to enter the arena from the chute within 60 seconds after the chute gate to the arena is opened; or (ii) more than once, the animal goes down on a knee in the chute or part of the animal's hindquarters from or above the animal's hock touches the ground in the chute; or (iii) more than once, the animal attempts to jump from, climb out of, or otherwise escape from, the chute; or (iv) the animal is obviously distressed; or (v) the designated rodeo judge or designated veterinary surgeon so orders; and (d) no animal supplied by the stock contractor is used in more than 3 rodeo events in a day; and (e) an animal supplied by the stock contractor that is used in a day in 1 of the following rodeo events is not used on the same day in either of the other 2 rodeo events: (i) roping or tying; (ii) team roping; (iii) steer wrestling; and (f) an aggressive animal or an animal that is injured is managed in such a manner as to minimise harm (or further harm) occurring to the animal, a person or any other animal; and (g) the attention of the designated rodeo veterinary surgeon is immediately drawn to any sick or injured animal. Maximum penalty: $2 500. Expiation fee: $210. (3) Without limiting the generality of subregulation (1)(f), an animal will be taken not to be fit to be used in a rodeo event if, in the opinion of the designated rodeo judge or designated rodeo veterinary surgeon, the animal is not fit to be so used. 13I--Requirements and prohibitions relating to equipment (1) A person must not attach a flank strap to a horse that is to be used or is being used in a rodeo event unless the flank strap-- (a) is lined, soft and flexible, with a quick release mechanism; and (b) is set such that the lined portion of the strap covers the flanks and the belly of the horse. Maximum penalty: $2 500. Expiation fee: $210. (2) A person must not use a horned animal in a team roping event unless the animal's horns are properly wrapped to protect the animal's ears, eyes and horn base from injury. Maximum penalty: $2 500. Expiation fee: $210. (3) A person must not use on an animal, or include in the equipment worn by or attached to an animal, that is to be used or is being used in a rodeo event, any sharp or cutting object. Maximum penalty: $2 500. Expiation fee: $210. (4) A person must not-- (a) use animal handling equipment with the intent to excite an animal before the animal enters the arena for a rodeo event; or (b) otherwise misuse animal handling equipment on an animal at a rodeo (whether or not during a rodeo event). Maximum penalty: $2 500. 13J--Special restrictions relating to use of electrical prods and goads (1) A person must not apply an electrical prod or goad (whether or not switched on) to the face, udders or genitals of an animal that is to be used or is being used in a rodeo event. (2) A person must not apply an electrical prod or goad (whether or not switched on) to an animal that is to be used or is being used in a rodeo event unless-- (a) the prod or goad is more than 30 centimetres in length; and (b) the prod or goad is not connected to an external power source; and (c) the prod or goad is applied as sparingly as possible and (in any event) with restraint; and (d) in the case where the animal is in a chute prior to entering the arena--the prod or goad is only applied if-- (i) the animal fails to leave the chute immediately the chute gate to the arena is opened; or (ii) the animal goes down on a knee in the chute; or (iii) part of the animal's hindquarters from or above the animal's hock touches the ground in the chute; or (iv) the animal is leaning on the side of the chute or the chute gate; or (v) the use of the prod or goad is otherwise necessary to protect the animal or a person from injury. 13K--Reports to Minister on conduct of rodeo (1) Within 21 days after the completion of a rodeo, the designated permit holder must forward to the Minister a written report about the conduct of the rodeo, including-- (a) the name and address of any person who acted in the place of a designated person at the rodeo; and (b) the report of the designated rodeo judge; and (c) the report of the designated rodeo veterinary surgeon. Maximum penalty: $2 500. Expiation fee: $210. (2) The report of the designated rodeo judge must include details-- (a) of the number and type of rodeo events and the animals used at the rodeo; and (b) of any contravention of or non-compliance with these regulations that has come to his or her attention; and (c) of any action taken to correct any such contravention or non-compliance. (3) The report of the designated rodeo veterinary surgeon must include details-- (a) of any injury to an animal that occurred at the rodeo; and (b) of any veterinary treatment for sickness or injury provided to an animal at the rodeo; and (c) of any contravention of or non-compliance with these regulations that has come to his or her attention; and (d) of any action taken to correct any such contravention or non-compliance. Part 3A--Domestic fowls 13L--Interpretation In this Part-- domestic fowl means a bird of the species Gallus domesticus. 13M--General requirements (1) A person who keeps a domestic fowl must ensure that, within 60 hours after hatching and at least once a day thereafter, the fowl is provided with-- (a) adequate food containing sufficient nutrients to ensure the fowl's good health and vitality; and (b) adequate water to meet the fowl's physiological needs. Maximum penalty: $2 500. (2) A person who keeps a domestic fowl must ensure that the fowl is inspected at least once a day to assess the fowl's health and well-being. Maximum penalty: $2 500. 13N--Requirements relating to confining domestic fowls in cages (1) A person who keeps domestic fowls confined in a cage must comply with the following requirements: (a) if the person positions the cage so that it is below the level of another cage-- (i) each fowl confined in the cage must, as far as practicable, be protected from the excreta of fowls confined in a cage on a higher level; and (ii) each fowl confined in the cage must be capable of being seen on inspection; (b) the floor of the cage must be constructed so as to support the forward pointing toes of each fowl confined in the cage; (c) the height of the cage must be higher than the maximum height of a fowl confined in the cage while the fowl is standing normally; (d) the cage must be constructed with a door as follows: (i) the height of the door must be the full height (not including the feed trough) of the cage; and (ii) the width of the door must be-- (A) if the cage is less than 0.5 metres wide--the full width of the cage; (B) in any other case--at least 0.5 metres wide. Maximum penalty: $2 500. Expiation fee: $210. (2) Subject to this regulation, a person who keeps domestic fowls must not confine the fowls in a cage unless-- (a) in the case of fowls primarily kept for breeding purposes--the total weight of the fowls confined in the cage does not exceed 40 kilograms per square metre of cage floor area; (b) in any other case-- (i) for fowls weighing less than 4.5 kilograms-- (A) if only 1 fowl is confined in the cage--the floor area of the cage is at least 0.1 square metres; (B) if 2 fowls are confined in the cage--the floor area of the cage is at least 0.135 square metres; (C) if more than 2 fowls are confined in the cage-- o if, on average, the weight of a fowl confined in the cage is less than 2.4 kilograms--the floor area of the cage is at least 0.055 square metres per fowl; o if, on average, the weight of a fowl confined in the cage is 2.4 kilograms or more but less than 4.5 kilograms--the floor area of the cage is at least 0.06 square metres per fowl; (ii) for fowls weighing 4.5 kilograms or more-- (A) if only 1 fowl is confined in the cage--the total weight of the fowl does not exceed 26 kilograms per square metre of cage floor area; (B) if 2 fowls are confined in the cage--the total weight of the fowls does not exceed 40 kilograms per square metre of cage floor area; (C) if more than 2 fowls are confined in the cage--the total weight of the fowls does not exceed 46 kilograms per square metre of cage floor area. Maximum penalty: $2 500. Expiation fee: $210. (3) For the purposes of subregulation (2), the floor area occupied by a V-trough or egg baffle may be counted as part of the floor area of a cage. (4) A person does not have to comply with subregulation (2)(b)(i)(C), if-- (a) before the commencement of this regulation--the person has installed a cage that complies with subregulation (1); and (b) on average, the weight of a fowl confined in the cage is less than 2.4 kilograms; and (c) the floor area of the cage is at least 0.045 square metres per fowl. (5) Subregulation (4) and this subregulation will expire on 31 December 2014. 13O--Requirements relating to keeping domestic fowls in housing other than cages A person who keeps domestic fowls in a housing system other than a cage must ensure that the housing system in which the fowls are confined complies with the following requirements: (a) for fowls kept for egg production-- (i) if the housing system contains more than 1 level or multi-level perches-- (A) each fowl must, as far as practicable, be protected from the excreta of other fowls kept on a higher level; and (B) each fowl must be capable of being seen on inspection; and (ii) the total weight of the fowls confined in the housing system must not exceed 30 kilograms per square metre of the useable floor area; (b) for fowls reared for meat production-- (i) if the housing system contains more than 1 level or multi-level perches-- (A) each fowl must, as far as practicable, be protected from the excreta of other fowls kept on a higher level; and (B) each fowl must be capable of being seen on inspection; and (ii) the total weight of the fowls confined in the housing system must not exceed-- (A) if the housing system is cooled by means of a mechanical cooling device--40 kilograms per square metre of useable floor area; (B) in any other case--28 kilograms per square metre of useable floor area. Part 4--Teaching and research involving animals 14--Certain research prohibited except for limited purposes (1) A person must not-- (a) apply any substance to the conjunctival sac of a rabbit for the purpose of assessing the relative irritancy of the substance; or (b) expose an animal to any substance for the purpose of assessing the toxicity of the substance against a predetermined level of mortality, unless-- (c) the assessment relates to research that has the potential to benefit human or animal health; and (d) the objectives of the assessment cannot practicably be achieved by means that will cause less pain to animals. Maximum penalty: $2 500. (2) In proceedings for an offence against subregulation (1), the onus of proving the matters specified in paragraphs (c) and (d) lies on the defendant. 15--Application for licence under Part 4 of the Act For the purposes of section 17 of the Act, an application for a licence under Part 4 of the Act must contain details of-- (a) the premises proposed to be used for the purposes authorised by the licence; (b) the facilities available or proposed to be available at those premises for the care and handling of animals that may be used pursuant to the licence; (c) the arrangements proposed for the provision of veterinary care of animals that may be used pursuant to the licence. 16--Annual reports of animal ethics committee (1) For the purposes of section 25 of the Act, an animal ethics committee must, within 3 months after the end of each calendar year, submit to the Minister a report on its operations during that calendar year. (2) The report-- (a) must include details of-- (i) the number of meetings held by the committee during the calendar year; and (ii) in respect of each such meeting-- (A) the name of each member who attended the meeting; and (B) a summary of the business discussed at the meeting; and (b) may include any other information considered relevant by the committee. Part 5--Pigs Division 1--Preliminary 21--Interpretation (1) In this Part-- boar means an uncastrated male pig over 9 months of age; creep area means an area for housing piglets adjacent to a farrowing crate in which the piglets of the sow are protected from crushing and overlying by the sow; farrowing means giving birth to piglets; farrowing crate means an enclosure for housing a sow for the purposes of farrowing-- (a) that closely corresponds to the sow's body size; and (b) in which the sow is unable to turn around; and (c) that has an adjacent creep area for any piglets of the sow; farrowing pen means a pen for housing-- (a) a sow for the purposes of farrowing; and (b) any piglets of the sow; feeder means a trough, hopper or other equipment from which feed may be accessed by a pig; gilt means a female pig (other than a sow) that has been selected for breeding; herd health program, in relation to a pig, means a program, approved by the Minister, that identifies potential health and biosecurity risks to the pig and specifies action to prevent or minimise those risks; pen means an enclosure for housing a pig or group of pigs in which the pig or pigs are able to turn around; piglet, of a sow, includes any piglet that is dependent on the sow for milk; sow means an adult female pig that has had 1 or more litters; stall means an enclosure (other than a farrowing crate) for housing a single pig-- (a) that closely corresponds to the pig's body size; and (b) in which the pig is unable to turn around; suitably qualified--see subregulation (2); waterer means a trough or other equipment from which drinking water may be accessed by a pig. (2) For the purposes of this Part, a person is suitably qualified if the person-- (a) is a veterinary surgeon; or (b) holds a tertiary qualification approved by the Minister in the field of veterinary science or agriculture; or (c) holds a Certificate III in Agriculture (Pig Production) from a college within the meaning of the Technical and Further Education Act 1975; or (d) holds a qualification that is, in the opinion of the Minister, equivalent to the qualification referred to in paragraph (c); or (e) satisfies the Minister that he or she has, during a period of at least 12 months, been responsible for the care of pigs in a business that has, during that period of responsibility, complied with a quality assurance program approved by the Minister relating to pig husbandry. 22--Application of Part This Part applies in relation to a pig kept in the course of the business of a piggery. 23--Exemptions from Part (1) Subject to this regulation, the Minister may, by notice in writing-- (a) exempt a person, subject to such conditions as the Minister thinks fit and specifies in the notice, from specified provisions of this Part; or (b) vary or revoke an exemption, or a condition of an exemption, under this regulation or impose a further condition. (2) An exemption under this regulation operates for a period (not exceeding 12 months) specified in the notice. (3) A person who contravenes a condition of an exemption is guilty of an offence. Maximum penalty: $2 500. Expiation fee: $210. 24--Keeping records (1) A person who keeps a pig must ensure that-- (a) a written record is kept of-- (i) any inspection of the pig required under this Part (including any concerns regarding the pig's health or welfare detected by the inspection); and (ii) any inspection of equipment required under this Part (including any equipment failure or malfunction detected by the inspection); and (b) the record-- (i) is kept for 3 years from the day on which the record was made; and (ii) is readily available for inspection at all reasonable times by an inspector. Maximum penalty: $2 500. Expiation fee: $210. (2) For the purposes of subregulation (1), a record may be kept in electronic form. Division 2--General requirements 25--Day-to-day care of pigs (1) A person who keeps a pig must ensure that the pig is provided with-- (a) adequate food containing sufficient nutrients to ensure the pig's good health and vitality; and (b) adequate water to meet the pig's physiological needs. Maximum penalty: $2 500. (2) A person who keeps a pig must ensure that, within 24 hours after birth, the pig has received colostrum or an appropriate substitute. Maximum penalty: $2 500. (3) A person who keeps a pig must ensure that the pig is inspected at least once a day to assess the pig's health and well-being. Maximum penalty: $2 500. Expiation fee: $210. (4) A person who keeps a pig must ensure that-- (a) reasonable steps are taken to avoid a build up of faeces and urine in the pig's housing; and (b) the pig is not tethered; and (c) the pig is not exposed to any dog unless-- (i) the dog is under the effective control of a person; and (ii) in the case of a dog that has a history of biting humans or animals--the dog is wearing a muzzle. Maximum penalty: $2 500. Expiation fee: $210. (5) A person who keeps a pig must ensure that-- (a) each person responsible for the care of the pig is a suitably qualified person or a person acting under the supervision of a suitably qualified person; and (b) a herd health program is in place in relation to the pig. Maximum penalty: $2 500. Note-- Subregulation (5) will come into operation on 1 March 2011. 26--Medical and surgical procedures (1) A person who keeps a pig must ensure that-- (a) any significant medical or surgical procedure is carried out in relation to the pig only by a suitably qualified person or by a person acting under the direct supervision of a suitably qualified person; and (b) any simple medical or surgical procedure is carried out in relation to the pig only by a suitably qualified person or by a person acting under the supervision (whether or not direct supervision) of a suitably qualified person. Maximum penalty: $2 500. Expiation fee: $210. (2) However, subregulation (1) does not apply in relation to the destruction of a pig if, due to urgent circumstances-- (a) the services of a suitably qualified person are not reasonably available; and (b) destruction of the pig is necessary in order to prevent undue suffering by the pig. (3) A person who keeps a pig must ensure that a vasectomy or surgical castration is not performed on a pig over 21 days of age unless the pig is anaesthetised. Maximum penalty: $2 500. Expiation fee: $210. (4) In this regulation-- significant medical or surgical procedure, in relation to a pig, means-- (a) vasectomy or castration of the pig; or (b) tusk trimming of the pig; or (c) nose ringing of the pig; or (d) destruction of the pig; simple medical or surgical procedure, in relation to a pig, means-- (a) administration to the pig of a veterinary product (including a drug, vaccine or other substance) whether intravenously, orally, topically or by any other means; or (b) diagnosis of pregnancy of the pig; or (c) docking of the pig's tail; or (d) clipping of the pig's needle teeth; or (e) measurement of the pig's backfat; or (f) application to the pig of identification marks, tags or chips. (5) This regulation is in addition to and does not derogate from the operation of-- (a) the Agricultural and Veterinary Products (Control of Use) Act 2002 (for example, in relation to the treatment of an animal with a veterinary product within the meaning of that Act); or (b) the Livestock Act 1997 (for example, in relation to the supply or use of a vaccine); or (c) the Veterinary Practice Act 2003 (for example, in relation to the provision of veterinary treatment within the meaning of that Act). Division 3--Keeping pigs in indoor housing 27--Application of Division (1) This Division does not apply in relation to a pig that is generally allowed to range freely in a paddock or outdoor yard and uses an enclosure (such as an ark or hut) for shelter, feeding or drinking. (2) A reference in this Division to a minimum area of floor space required for housing for a pig is a reference to the total floor space that is to be available to the pig in the housing and does not, unless otherwise specified, include any area occupied by fixtures or fittings. 28--Pigs in individual housing--minimum space and welfare requirements (1) The minimum floor space requirements for pigs in individual housing set out in subregulation (2) apply to new housing, or a substantial alteration to existing housing-- (a) in respect of which an application for development approval is made under the Development Act 1993 after the commencement of this regulation; or (b) in respect of which-- (i) no application for development approval has been made under the Development Act 1993; and (ii) the building work begins after the commencement of this regulation. (2) A person who keeps a pig in individual housing must ensure that-- (a) in the case of a sow kept in a stall--the floor space of the stall is not less than 0.6 metres wide and not less than 2.2 metres long; and (b) in the case of a sow kept in a farrowing pen--the floor space of the pen (which may include space occupied by a farrowing crate and creep area) is not less than 5.6 square metres; and (c) in the case of a sow kept in a farrowing crate with an adjacent creep area (whether or not within a farrowing pen)-- (i) the floor space of the farrowing crate and creep area, when aggregated, is not less than 3.2 square metres; and (ii) the floor space of the farrowing crate (which may include space occupied by a rear anti-crush rail, appropriately placed) is not less than 0.5 metres wide (when measured to within 0.45 metres of the floor of the crate) and not less than 2 metres long; and (d) in the case of a boar kept in a stall--the floor space of the stall is not less than 0.7 metres wide and not less than 2.4 metres long; and (e) in the case of a boar kept in a pen--the floor space of the pen is not less than 6 square metres. Maximum penalty: $2 500. Expiation fee: $210. (3) A person who keeps a pig in individual housing must ensure that-- (a) the pig is managed in such a way as to avoid harm to the pig (including aggressive or threatening behaviour) from a pig in a neighbouring area; and (b) the pig is able to stand and lie down without being obstructed by fixtures or fittings; and (c) if the pig is kept in a stall-- (i) the pig is able to stand without simultaneously touching-- (A) opposite ends of the stall; or (B) opposite sides of the stall; and (ii) the pig is able to lie down without its snout and hindquarters simultaneously touching opposite ends of the stall; and (iii) the pig's back does not touch any bars along the top face of the stall when standing or when it has its head down while feeding or drinking; and (d) in addition-- (i) in the case of a sow kept in a farrowing crate-- (A) during and after farrowing, the sow and her piglets are provided with sufficient space to minimise the risk of the piglets being crushed, trapped or otherwise injured; and (B) when lactating, the sow is able to lie and extend her limbs freely and position herself so that both sides of her udder are accessible to her piglets; and (C) the sow is not confined in the farrowing crate for more than 6 weeks during any 1 reproductive cycle unless she is required to foster piglets (in which case, she may be confined 1 additional time during which period she must receive such extra nutrition and supervision as may be necessary in order to maintain good health and vitality); and (ii) in the case of a boar kept in a stall--the boar is released from the stall for mating or exercise at least twice a week. Maximum penalty: $2 500. Expiation fee: $210. Note-- It is intended that, from 20 April 2017, it will be unlawful for a pregnant sow to be confined in a stall for more than 6 weeks during any 1 reproductive cycle unless she is convalescing or receiving other veterinary care. 29--Pigs in group housing--minimum space and welfare requirements (1) A person who keeps a pig in group housing must ensure that-- (a) for each sow kept in the housing--the floor space of the housing is not less than 1.4 square metres; (b) for each gilt weighing more than 100 kilograms kept in the housing--the floor space is not less than 1 square metre; (c) in any other case--the floor space of the housing is not less than the number of square metres calculated in accordance with the following formula: 2000.10.un00.jpg where-- P is the average weight in kilograms of each pig kept in the housing. Maximum penalty: $2 500. Expiation fee: $210. (2) A person who keeps a pig in group housing must ensure that the pig is managed in such a way as to avoid harm to the pig (including aggressive or threatening behaviour) from other pigs in the housing. Maximum penalty: $2 500. Expiation fee: $210. 30--Equipment in indoor housing (1) A person who keeps a pig in indoor housing that is ventilated by an electronically controlled ventilation system must ensure-- (a) that-- (i) inspections of the ventilation system are carried out at least twice a day; or (ii) the housing is fitted with an alarm system, for the purpose of alerting a person responsible for the care of the pig to any failure or malfunction of the ventilation system; and (b) that the housing is provided with a backup system or equipment that may be relied on to ventilate the housing in the event of such failure or malfunction in order to maintain the health and vitality of the pig. Maximum penalty: $2 500. Expiation fee: $210. (2) A person who keeps a pig in indoor housing must ensure that the housing is equipped with-- (a) a feeder and waterer for the pig that-- (i) are kept in good working order; and (ii) are designed and positioned so as not to pose a risk of injury to the pig; and (b) backup equipment or a system that may be relied on to provide feed or water to the pig in the event of a failure or malfunction of a regular feeder or waterer. Maximum penalty: $2 500. Expiation fee: $210. (3) A person who keeps a pig in indoor housing must ensure that each feeder, waterer and ventilation system in the housing and any equipment that is essential to the proper functioning of such a feeder, waterer or ventilation system is, unless otherwise specified in this regulation, inspected at least once a day. Maximum penalty: $2 500. Expiation fee: $210. (4) A person who keeps a pig in indoor housing must ensure that electrical installations of mains voltage are properly earthed and inaccessible to the pig. Maximum penalty: $2 500. Expiation fee: $210. Schedule 1--Fees 1 Application for licence or renewal of licence under Part 4 of the Act (Teaching and research involving animals) $70 2 Application for a permit under section 34 of the Act (Permits to hold rodeos) $70 Schedule 2--Codes of practice Person who must ensure compliance with Code of Practice Code of Practice 1 A person who carries on a business consisting of or involving selling companion animals for profit South Australian Code of Practice for the Care and Management of Animals in the Pet Trade, Animal Welfare Unit, Department of Environment, Heritage and Aboriginal Affairs (1999). 2 A person who handles, destroys or domesticates feral livestock Model Code of Practice for the Welfare of Animals, The Destruction or Capture, Handling and Marketing of Feral Livestock Animals, Australian Agricultural Council (1991), as in force on 20 May 2009. 3 A person who has the care, control or management of animals at a saleyard Model Code of Practice for the Welfare of Animals, Animals at Saleyards, Australian Agricultural Council (1991), as in force on 20 May 2009. 4 A person who has the care, control or management of animals at a slaughtering facility Model Code of Practice for the Welfare of Animals, Livestock and Poultry at Slaughtering Establishments (Abattoirs, Slaughterhouses and Knackeries), Australian Agricultural Council (1986), as in force on 20 May 2009. 5 A person who has the care, control or management of animals for the purposes of a circus South Australian Code of Practice for the Welfare of Animals in Circuses, Office of Animal Welfare, Department for Environment, Heritage and Aboriginal Affairs (1997). 6 A person who has the care, control or management of animals preparatory to or during transport by air Model Code of Practice for the Welfare of Animals, Air Transport of Livestock Australian Agricultural Council (1986), as in force on 20 May 2009. 7 A person who has the care, control or management of animals preparatory to or during transport by sea Model Code of Practice for the Welfare of Animals, Sea Transport of Livestock Australian Agricultural Council (1987), as in force on 20 May 2009. 8 A person who has the care, control or management of camels Model Code of Practice for the Welfare of Animals, The Camel, Agriculture and Resource Management Council of Australia and New Zealand (1997), as in force on 20 May 2009. 9 A person who has the care, control or management of captive birds (excluding waterfowl, pigeons used for racing, pheasants or poultry used for the commercial production of meat or eggs) South Australian Code of Practice for the Husbandry of Captive Birds, Office of Animal Welfare, Department of Environment, Heritage and Aboriginal Affairs (1999). 10 A person who has the care, control or management of cattle Australian Model Code of Practice for the Welfare of Animals, Cattle, Australian Agricultural Council (1992), as in force on 20 May 2009. 11 A person who has the care, control or management of farmed deer Model Code of Practice for the Welfare of Animals, The Farming of Deer, Australian Agricultural Council (1991), as in force on 20 May 2009. 12 A person who has the care, control or management of farmed rabbits Model Code of Practice for the Welfare of Animals, Intensive Husbandry of Rabbits, Australian Agricultural Council (1991), as in force on 20 May 2009. 13 A person who has the care, control or management of goats Model Code of Practice for the Welfare of Animals, The Goat, Australian Agricultural Council (1991), as in force on 20 May 2009. 14 A person who has the care, control or management of horses preparatory to or during transport by land Model Code of Practice for the Welfare of Animals, Land Transport of Horses Agriculture and Resource Management Council of Australia and New Zealand (1998), as in force on 20 May 2009. 15 A person who has the care, control or management of livestock preparatory to or during transport by road Australian Model Code of Practice for the Welfare of Animals, Road Transport of Livestock, Australian Agricultural Council (1983, see Gazette 24.4.1986 p1035), as in force on 20 May 2009. 16 A person who has the care, control or management of livestock preparatory to or during transport by rail Australian Model Code of Practice for the Welfare of Animals, Rail Transport of Livestock, Australian Agricultural Council (1983, see Gazette 24.4.1986 p1051), as in force on 20 May 2009. 18 A person who has the care, control or management of pigs preparatory to or during transport by land Model Code of Practice for the Welfare of Animals, Land Transport of Pigs, Agriculture and Resource Management Council of Australia and New Zealand (1997), as in force on 20 May 2009. 19 A person who has the care, control or management of poultry preparatory to or during transport by land Model Code of Practice for the Welfare of Animals, Land Transport of Poultry, Agriculture and Resource Management Council of Australia and New Zealand (1998), as in force on 20 May 2009. 20 A person who has the care, control or management of sheep Model Code of Practice for the Welfare of Animals, The Sheep, Australian Agricultural Council (1991), as in force on 20 May 2009. 21 A person who has the care, control or management of farmed buffalo Model Code of Practice for the Welfare of Animals, Farmed Buffalo, Agriculture and Resource Management Standing Committee (1995), as in force on 20 May 2009. 22 A person who has the care, control or management of cattle preparatory to or during transport by land Model Code of Practice for the Welfare of Animals, Land transport of Cattle, Agriculture and Resource Management Standing Committee (2000), as in force on 20 May 2009. 23 A person who has the care, control or management of farmed emus Model Code of Practice for the Welfare of Animals, Husbandry of Captive Bred Emus, Agriculture and Resource Management Standing Committee (1999), as in force on 20 May 2009. 24 A person who has the care, control or management of farmed ostriches Model Code of Practice for the Welfare of Animals, Farming of Ostriches, Primary Industries Standing Committee (2003), as in force on 20 May 2009. Legislative history Notes o Please note--References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. o Earlier versions of these regulations (historical versions) are listed at the end of the legislative history. o For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Formerly Prevention of Cruelty to Animals Regulations (No. 2) 2000 Prevention of Cruelty to Animals Regulations 2000 Legislation revoked by principal regulations The Animal Welfare Regulations 2000 revoked the following: Prevention of Cruelty to Animals Regulations 2000 Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2000 10 Gazette 27.1.2000 p532 1.2.2000: r 2 2001 60 Gazette 31.5.2001 p1969 1.7.2001: r 2 2001 184 Gazette 26.7.2001 p2792 26.7.2001: r 2 2003 116 Gazette 29.5.2003 p2304 1.7.2003: r 2 2003 244 Gazette 11.12.2003 p4451 1.2.2004: r 2 2005 69 Gazette 26.5.2005 p1436 1.7.2005: r 2 2005 145 Gazette 23.6.2005 p1919 1.7.2005: r 2 2007 155 Gazette 7.6.2007 p2553 1.7.2007: r 2 2007 215 Gazette 16.8.2007 p3395 revoked by 218/2007 revoked by 218/2007 without coming into operation 2007 218 Gazette 23.8.2007 p3433 23.8.2007 except Pt 2 (rr 4--8)--1.9.2007: r 2 2007 262 Gazette 22.11.2007 p4302 1.1.2008: r 2 2008 259 Gazette 18.9.2008 p4521 4.10.2008: r 2 2009 120 Gazette 4.6.2009 p2565 1.7.2009: r 2 2009 218 Gazette 13.8.2009 p3652 Pts 1 & 2--13.8.2009; Pt 3--1.11.2009 except new rr 25(5), 26(1) & (2) (as inserted by r 12)--1.3.2011 and except new r 29(1) (as inserted by r 12)--20.4.2012: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt 1 r 1 varied by 69/2005 r 4 1.7.2005 varied by 259/2008 r 4 4.10.2008 r 2 omitted under the Legislation Revision and Publication Act 2002 1.2.2004 r 3 omitted under the Legislation Revision and Publication Act 2002 1.2.2004 r 4 rodeo event inserted by 218/2007 r 4 1.9.2007 Act varied by 259/2008 r 5 4.10.2008 r 5 substituted by 218/2009 r 5 1.11.2009 r 5A inserted by 218/2009 r 5 1.11.2009 Pt 2 heading substituted by 259/2008 r 6 4.10.2008 r 6 substituted by 259/2008 r 7 4.10.2008 r 7 r 7(1) varied by 259/2008 r 8(1) 4.10.2008 r 7(3) varied by 259/2008 r 8(2) 4.10.2008 r 8 r 8(1) r 8 varied and redesignated as r 8(1) by 218/2007 r 5(1), (2) 1.9.2007 (c) deleted by 218/2007 r 5(1) 1.9.2007 varied by 259/2008 r 9 4.10.2008 r 8(2) inserted by 218/2007 r 5(2) 1.9.2007 varied by 218/2009 r 6(1) 1.11.2009 r 8(3) inserted by 218/2009 r 6(2) 1.11.2009 Pt 3 heading deleted by 218/2009 r 7 1.11.2009 r 9 before deletion by 259/2008 r 9(1) varied by 244/2003 r 4(1) 1.2.2004 r 9(2) varied by 244/2003 r 4(2) 1.2.2004 r 9 deleted by 259/2008 r 10 4.10.2008 r 10 varied by 259/2008 r 11 4.10.2008 deleted by 218/2009 r 8 1.11.2009 r 11 substituted by 145/2005 r 4 1.7.2005 r 11(1) varied by 259/2008 r 12(1) 4.10.2008 r 11(2) varied by 259/2008 r 12(2) 4.10.2008 r 12 varied by 259/2008 r 13 4.10.2008 r 13 deleted by 262/2007 r 4 1.1.2008 rr 13A and 13B inserted by 184/2001 r 3 26.7.2001 deleted by 259/2008 r 14 4.10.2008 Pt 3 Pt 3A inserted by 218/2007 r 6 1.9.2007 heading Pt 3A heading deleted and Pt 3 heading inserted in its place by 218/2009 r 9 1.11.2009 r 13D varied by 259/2008 r 15 4.10.2008 r 13F r 13F(1) varied by 259/2008 r 16(1) 4.10.2008 r 13F(2) varied by 259/2008 r 16(2) 4.10.2008 r 13F(3) varied by 259/2008 r 16(3) 4.10.2008 r 13F(4) varied by 259/2008 r 16(4) 4.10.2008 r 13F(5) varied by 259/2008 r 16(5) 4.10.2008 r 13G varied by 259/2008 r 17 4.10.2008 r 13H r 13H(1) varied by 259/2008 r 18(1) 4.10.2008 r 13H(2) varied by 259/2008 r 18(2) 4.10.2008 r 13I r 13I(1) varied by 259/2008 r 19(1) 4.10.2008 r 13I(2) varied by 259/2008 r 19(2) 4.10.2008 r 13I(3) varied by 259/2008 r 19(3) 4.10.2008 r 13I(4) varied by 259/2008 r 19(4) 4.10.2008 r 13K r 13K(1) varied by 259/2008 r 20 4.10.2008 Pt 3A Pt 3B inserted by 262/2007 r 5 1.1.2008 heading Pt 3B heading deleted and Pt 3A heading inserted in its place by 218/2009 r 10 1.11.2009 r 13M r 13M(1) varied by 259/2008 r 21(1) 4.10.2008 r 13M(2) varied by 259/2008 r 21(2) 4.10.2008 r 13N r 13N(1) varied by 259/2008 r 22(1) 4.10.2008 r 13N(2) varied by 259/2008 r 22(2) 4.10.2008 13N(4) will expire: r 13N(5) (31.12.2014) 13N(5) varied by 218/2009 r 11 1.11.2009 will expire: r 13N(5) (31.12.2014) Pt 4 r 14 r 14(1) varied by 259/2008 r 23 4.10.2008 Pt 5 before substitution by 218/2009 r 17 deleted by 218/2007 r 7 1.9.2007 r 17 inserted by 259/2008 r 24 4.10.2008 Pt 5 substituted by 218/2009 r 12 1.11.2009 except r 25(5), 26(1) & (2)--1.3.2011 and except r 29(1)--20.4.2012 Sch 1 before substitution by 69/2005 substituted by 60/2001 r 3 1.7.2001 varied by 116/2003 r 4 1.7.2003 Sch 1 substituted by 69/2005 r 5 1.7.2005 substituted by 155/2007 r 4 1.7.2007 substituted by 120/2009 r 4 1.7.2009 Sch 2 items 2--4, 6--8, 10--16 varied by 218/2009 r 4(1) 13.8.2009 item 17 varied by 218/2009 r 4(2) 13.8.2009 deleted by 218/2009 r 13 1.11.2009 items 18--20 varied by 218/2009 r 4(1) 13.8.2009 items 21--24 inserted by 145/2005 r 5 1.7.2005 varied by 218/2009 r 4(1) 13.8.2009 item 25 inserted by 145/2005 r 5 1.7.2005 deleted by 218/2007 r 8 1.9.2007 Historical versions 1.7.2005 1.7.2007 1.9.2007 1.1.2008 4.10.2008 1.7.2009 13.8.2009 1.11.2009 1.3.2011