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Animal Protection Laws and Animal Protection Laws and

Animal Protection Laws and - PowerPoint Presentation

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Animal Protection Laws and - PPT Presentation

Animals in the Wild Celeste M Black Sydney Law School Human Animal Research Network 2 May 2014 Animal Protection Laws in Australia Largely a concern of the States and Territories eg Prevention of Cruelty to Animals Act ID: 366361

wild animal hunting act animal wild act hunting animals poctaa native pain control care legislation nature cruelty human laws protection manner conservation

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Slide1

Animal Protection Laws andAnimals in the Wild

Celeste M Black

Sydney Law School

Human Animal Research Network

2 May 2014Slide2

Animal Protection Laws in Australia

Largely a concern of the States and Territories,

eg

Prevention of Cruelty to Animals Act

1979

(NSW)

The concern is the individual animal

Basic Offences

Committing an act of cruelty against an animal (s 5 of POCTAA)

Failing to meet your duty of care in relation to an animal (

eg

s 8 of POCTAA)Slide3

What is an act of cruelty?

“any

act or omission as a consequence of which the animal is unreasonably, unnecessarily or unjustifiably

:

(

a) beaten, kicked, killed, wounded, pinioned, mutilated, maimed, abused, tormented, tortured, terrified or infuriated

,

(

b) over-loaded, over-worked, over-driven, over-ridden or over-used

,

(

c) exposed to excessive heat or excessive cold,

or

(

d) inflicted with pain

.” (POCTAA s 4)

How does one determine if a harmful act is necessary or justifiable?Slide4

Duty of care provisionsReasonable care to alleviate pain

Proper and sufficient food, drink and shelter

Providing adequate exercise

These requirements only apply to a “person in charge of an animal” being the owner or a person having the care, control or supervision of the animal

Animals in the wild are not owned or in custody/control so these duties cannot applySlide5

What do we mean by “wild animals”?

Wild by nature or in the wild? Or both?

Constructed categories:

Native and endangered

Native and common

Introduced

Game

Feral

Invasive

PestSlide6

Types of human interaction with animals in/from the wild

In some cases, no use or interference is allowed

Food: hunting, commercial “harvesting”

Leather/fur

Entertainment: hunting, zoos, circuses

Farming

P

est eradication – damage mitigation Slide7

Regulation of Human Interaction with Wild Animals

Animal welfare laws

Nature conservation legislation

Preservation of endangered native wildlife

Controlled use of common native wildlife

Hunting legislation

Controlled use of introduced wild animals

Federal involvement: Commonwealth lands, national interest, imports and exportsSlide8

Limited protection under POCTAA - hunting

Use of poisons prohibited (s 15) but only applies to a “domestic animal”

Hunting related prohibitions: trap shooting (s 19), game parks (s 19A), animal catching (s 20), certain traps not to be used (s 23)

Section

24(1)(b)(i): it is a

defence

if it can be shown that the act was done in the

course of hunting

, shooting, snaring, trapping, catching or capturing the animal in a manner that

inflicted

no unnecessary pain

upon

the

animalSlide9

Further limits in other States

exemptions for animal control activities:

WA: defence if ”attempting to kill pests in a manner generally accepted as usual and reasonable”

Qld: exemption for acts to control feral or pest animals provided the act causes as little pain as is reasonable

limited application (Qld) or exclusion (Vic) for things done under nature conservation legislationSlide10

Thank You!

c

eleste.black@sydney.edu.au