Protection of livestock
34 Protection of livestock
A person who owns, or who is for the time being lawfully in charge of, any animal or bird may lawfully shoot or otherwise destroy a dog which he finds attacking that animal or bird if there is no other way of stopping the attack and provided that notice is given to a police officer as soon as is practicable thereafter.
The owner or occupier of any enclosed paddock, field, yard or other place in which any horse, cattle, sheep, swine, goats or poultry (in this section referred to as livestock) are confined, or any person acting under the authority of that owner or occupier, may lawfully shoot or otherwise destroy any dog found therein, whether the owner of the dog is or is not known, if that dog is not accompanied by some person.
In any proceedings, whether civil or penal, arising out of an attack by a dog upon any animal or bird or the worrying or chasing of livestock, whether in a confined area or otherwise, the fact that the dog was immediately prior thereto in company with or had been seen continuously and closely following a person is prima facie evidence that the person had the dog in his possession or under his control for the purposes of the definition of person liable for the control of the dog in section 3.
Where it is reasonably necessary for the protection of livestock confined or depasturing on any land the owner or occupier of that land or a person acting under his authority may lay poison on that land in baits likely to be taken by dogs wandering at large if —
the poison is not laid within 20 m of any road, reserve or public place; and
the laying of that poison is authorised in the material circumstances by or under any Act relating to the prevention, destruction or eradication of specific kinds of animal or of animals in specified circumstances; and
the poison is not so laid as to endanger children or indigenous birds or animals,
but where the laying of poison is not found to have been reasonably necessary, or does not otherwise comply with the requirements of this subsection, a person who lays poison in baits commits an offence.
Penalty for this subsection: a fine of $1 000.
[Section 34 amended: No. 23 of 1987 s. 28; No. 24 of 1996 s. 16; No. 18 of 2013 s. 44; No. 29 of 2021 s. 31.]
35. Destruction of vermin etc.
Where a person, reasonably and in good faith, lawfully takes measures for the purpose of destroying vermin or dogs wandering at large, whether by means of traps, poison or otherwise, in conformity with the provisions of any Act or the regulations made thereunder, and as a consequence of a dog wandering at large those measures result in that dog suffering death, injury or harm, that person shall not be liable therefor in any proceedings, whether civil or penal.
[36. Deleted: No. 18 of 2013 s. 45.]
[37. Deleted: No. 23 of 1987 s. 30.]
This provision refers to the regulations (the regulations
). Made under this Act:
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