Animal Welfare (Sheep) Regulations 2023

Animal Welfare (Sheep) Regulations 2023

11 July 2023

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Animal Welfare Act 1993.

These regulations may be cited as the Animal Welfare (Sheep) Regulations 2023.

These regulations take effect on the day on which their making is notified in the Gazette.

In these regulations –

Act means the Animal Welfare Act 1993;

direct supervision– see regulation 4;

humane destruction– see regulation 5;

sheep means an animal of the genus Ovis including, but not limited to, the species Ovis aries.

For these regulations, a person (the supervised person) is acting under the direct supervision of another person if that other person –

is on the same premises as the supervised person while the supervised activity is being undertaken; and provides instructions and guidance to the supervised person in relation to the supervised activity; and oversees and evaluates the performance of the supervised activity by the supervised person including conducting regular personal progress checks on the performance of the activity; and is able to render assistance immediately to the supervised person, if required, at any time during which the supervised activity is being undertaken.

In these regulations, a sheep is humanely destroyed if –

the means of death used is appropriate for the age and weight of the sheep being destroyed; and the sheep is rendered suddenly unconscious; and the death of the animal occurs while the sheep is unconscious.

These regulations apply to all sheep within the State, whether the sheep are kept for commercial or non-commercial purposes.

In this regulation – emergency means a circumstance where animal welfare, or human safety, may be compromised; lift, a sheep, means to handle the sheep so that the majority of the weight of the sheep is not resting on the ground.

A person must handle a sheep in a manner that, as far as possible, minimises the risk of injury or death to the sheep. In the case of – a body corporate, a fine not exceeding 100 penalty units; and an individual, a fine not exceeding 50 penalty units.

A person handling a sheep must not take one or more of the following actions in respect of the sheep:lift the sheep off the ground only by the head, ears, horns, neck, tail, wool or one leg; drag sheep that are not standing, unless – it is an emergency; and the dragging is to give the minimum distance possible to allow for the safe handling, lifting, treatment or humane destruction of the sheep.

Subregulation (3)(a) does not apply to the lifting of a sheep in an emergency.

A person who has the care or charge of a sheep must ensure that the sheep has access to adequate and appropriate feed and water at all times. In the case of – a body corporate, a fine not exceeding 100 penalty units; and an individual, a fine not exceeding 50 penalty units.

Subregulation (1) does not apply to – sheep that are being transported in accordance with the Act; or sheep that are being shorn, slaughtered or drenched, and restricting access to food or water is in line with reasonable management practices for that activity.

A person who has the care or charge of a sheep must ensure that the sheep is inspected at intervals, and at a level appropriate, for –

if the sheep is kept for commercial purposes, the production system used in respect of the sheep; and the type of sheep being kept including, but not limited to, the age, pregnancy status and health status of the sheep; and the risks to the sheep, whether those risks are temporary or continuous.

In the case of – a body corporate, a fine not exceeding 100 penalty units; and an individual, a fine not exceeding 50 penalty units.

A person who has the care or charge of a sheep must ensure that the wool of the sheep does not exceed twice the average annual growth for the breed of that sheep.

In the case of – a body corporate, a fine not exceeding 100 penalty units; and an individual, a fine not exceeding 50 penalty units.

In this regulation – electric prodder means a handheld device that is used to deliver an electric shock.

A person must not use an electric prodder – on the genital, anal or udder area of a sheep; or on the facial area of a sheep; or on a sheep that is less than 3 months old; or on a sheep that is unable to move away from the electric prodder at the time of its use; or in a manner that is – designed to distress, injure or kill a sheep; or otherwise unreasonable in the circumstances. In the case of – a body corporate, a fine not exceeding 100 penalty units; and an individual, a fine not exceeding 50 penalty units.

Subregulation (2)(b) and (c) do not apply to the use of an electric prodder on a sheep if – the welfare of the sheep is at risk; and the use of the electric prodder is the most reasonable method to ensure the safety and welfare of the sheep.