reg 25

Darkness requirements

In force

(1)

In this regulation —

dark, for a place, means all artificial lighting is turned off in the place;

laying chicken —

(a)

means a chicken reared, kept and managed for egg production; but

(b)

does not include a breeding chicken.

(2)

A person responsible for captive poultry that are less than 7 days of age, other than captive poultry that are kept under a heat lamp or in a brooder, must ensure that, in every 24‑hour period, the place where the poultry are kept is dark for at least a continuous period of 1 hour.

Penalty for this subregulation: a fine of $15 000.

(3)

A person responsible for captive poultry, other than captive poultry that are less than 7 days of age and kept under a heat lamp or in a brooder, must ensure that the place where the poultry are kept is not dark for any continuous period of 24 hours.

Penalty for this subregulation: a fine of $15 000.

(4)

A person responsible for captive poultry must ensure that, in every 24‑hour period, the place where the poultry are kept is dark for —

(a)

at least 6 hours in total; and

(b)

at least 1 continuous period of 4 hours.

Penalty for this subregulation: a fine of $15 000.

(5)

Subregulation (4) does not apply if —

(a)

the captive poultry are —

(i)

less than 7 days of age; or

(ii)

laying chickens that are less than 16 weeks of age; or

(iii)

breeder poultry that are less than 16 weeks of age;

(b)

the act or omission constituting the offence against subregulation (4) occurs on the day on which the captive poultry are being removed from a shed for pick up; or

(c)

the act or omission constituting the offence against subregulation (4) occurs to reduce or prevent the captive poultry huddling or clumping during periods of high temperatures in the place; or

(d)

the act or omission constituting the offence against subregulation (4) occurs during an outbreak of disease and a veterinarian —

(i)

considers the period of the contravention is the shortest period necessary to control or eliminate the outbreak; and

(ii)

provides instructions and guidance to the person who illuminates the place or the person responsible for the captive poultry for the period; and

(iii)

oversees and evaluates how the place is illuminated by the person who illuminates the place or the person responsible for the captive poultry; and

(iv)

is able to be contacted by the person who illuminates the place or the person responsible for the captive poultry.

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