Part 7Transport of livestock

Part 7—Transport of livestock 35—Interpretation class of livestock, means a group of livestock of the same species that share a common characteristic, such as age, size or sex, or some other physiological characteristic, such as pregnancy; container includes a crate, box or cage; equine lameness score—see subregulation (2); horse means an animal of the species Equus ferus caballus or Equus africanus asinus, or a hybrid of either of these species; journey includes the loading and unloading of livestock on or from a vehicle for the purposes of transportation; journey time—see subregulation (3); livestock means alpacas, buffalo, camels, cattle, deer, emus, goats, horses, ostriches, pigs, poultry and sheep; livestock handling facility includes a yard, enclosure, paddock, ramp or other facility used to hold, load or unload livestock for transportation; loading density in relation to the transportation of livestock, means the amount of space per animal in a container, pen or other enclosure, or vehicle in which the animal is being transported; maximum time off water means the total number of continuous hours in respect of which livestock can go without reasonable access to water, as specified in Division 3; minimum spell duration means the minimum period of time for which a spell is required to be given for each species of livestock and each class of animal within that species, as specified in Division 3; reasonable access to water—see subregulation (4); State includes a Territory; spell means a period of time in which livestock are— (a) removed from the vehicle or container in which they are being transported; and (b) provided with reasonable access to feed and water; and (c) provided with space to lie down; and (d) subjected to minimal or no handling; transporting, in relation to livestock—see subregulation (5). (2) For the purposes of this Part, an equine lameness score means a score arrived at by reference to the grading system of the American Association of Equine Practitioners to assess the degree of lameness of a horse as follows: (a) lameness not perceptible under any circumstances—0; (b) lameness difficult to observe, not consistently apparent regardless of circumstances—1; (c) lameness difficult to observe at walk or trot in a straight line but consistently apparent under some circumstances (eg weight carrying, circling, inclines, hard surfaces)—2; (d) lameness consistently observable at a trot under all circumstances—3; (e) lameness obvious; marked nodding, hitching, or shortened stride—4; (f) lameness obvious; minimal weight bearing in motion or rest, inability to move—5. (3) For the purposes of this Part, the journey time in respect of transporting livestock— (a) in the case of poultry, emus or ostriches being transported in containers loaded onto vehicles—means the time commencing when the loading of the poultry, emus or ostriches into the containers for transport commences and ending when all of the poultry, emus or ostriches are unloaded from the containers— (i) for a spell for a period that is not less than the minimum spell duration specified for livestock of that particular class in Division 3; or (ii) at their final destination, (whichever occurs sooner); (b) in the case of a bobby calf—means the time commencing when the bobby calf is loaded onto the vehicle for transport and ending when the bobby calf is unloaded from the vehicle at its final destination; (c) in any other case—means the time commencing when the loading of the livestock onto the vehicle for transport commences and ending when all of the livestock are unloaded from the vehicle— (i) for a spell for a period that is not less than the minimum spell duration specified for livestock of that particular class in Division 3; or (ii) at their final destination, (whichever occurs sooner). (4) For the purposes of this Part, livestock will be taken to have reasonable access to water if the livestock has a reasonable opportunity to drink water of a suitable quality and quantity sufficient to maintain its hydration. (5) For the purposes of this Part, transporting livestock includes— (a) assembling or holding livestock prior to loading; and (b) selecting livestock for transportation; and (c) loading livestock into containers prior to being loaded onto a vehicle; and (d) loading livestock onto a vehicle; and (e) holding livestock on a vehicle while stationary; and (f) transporting the livestock on a vehicle; and (g) unloading livestock from a vehicle or container during, or on completion of, a journey; and (h) assembling or holding livestock in a livestock handling facility in transit during a journey or on completion of a journey. 36—Application of Part This Part applies to livestock— (a) transported over land by road on a vehicle within this State or through the State from another State; or (b) transported within this State or from another State on a sea‑going vessel if the livestock is— (i) contained in a road‑going vehicle loaded onto the vessel; or (ii) contained in a container that is unloaded from a road‑going vehicle onto the vessel and reloaded onto a road‑going vehicle on completion of the voyage. 37—How to calculate length of spell and time off water (1) For the purpose of calculating the length of a spell— (a) the spell will be taken to commence once all livestock have been unloaded from the vehicle or container in which they are being transported; and (b) the spell will be taken to end as soon as the livestock commence being reloaded onto the vehicle or into the container. (2) For the purpose of calculating the maximum period of time livestock of a particular species or class of a particular species may have off water, the period off water— (a) will be taken to commence from the time the livestock last has reasonable access to water prior to commencing a journey; and (b) will be taken to cease when the livestock— (i) is given a spell for at least the minimum period specified in Division 3 in respect of livestock of that particular species or class of species; or (ii) is given reasonable access to water at their final destination; or (iii) is slaughtered, (whichever occurs soonest). 38—Livestock must be fit for transport (1) A person must not supply for transport livestock that is unfit to undertake a proposed journey unless the livestock is to be transported in accordance with the advice of a veterinary surgeon. (2) A person must not load in a container or on a vehicle for transport livestock that is unfit to undertake a proposed journey unless the livestock is to be transported in accordance with the advice of a veterinary surgeon. (3) If livestock has been assessed as unfit to undertake a proposed journey, the person with the care, control and management of the livestock must, as soon as reasonably practicable, make arrangements for the care, treatment or humane destruction of the livestock. (4) Without limiting the generality of subregulations (1) and (2), livestock will be taken to be unfit to undertake a journey if— (a) in the case of a horse, the horse has an equine lameness score of 4 or 5; or (b) in the case of livestock other than a horse, the livestock is unable to walk independently by bearing weight on all legs; or (c) in the case of cattle, the cattle is known to be, or visually assessed to be, within 4 weeks of parturition and the estimated journey time or time off water is likely to exceed 4 hours; or (d) in the case of livestock other than cattle, the livestock is known to be, or visually assessed to be, within 2 weeks of parturition and the estimated journey time or time off water is likely to exceed 4 hours; or (e) the livestock is severely emaciated; or (f) the livestock is visibly dehydrated; or (g) the livestock shows visible signs of severe injury or distress; or (h) the livestock is suffering from a condition that is likely to result in an increase in pain or distress by reason of undertaking the journey; or (i) the livestock is blind in both eyes. 39—Advice of estimated time of arrival Before transporting livestock, the person who has the care, control and management of the livestock must advise the person to whom the care, control and management of the livestock is to be transferred at a destination of the estimated time of arrival of the livestock. 40—Impact of extreme weather conditions A person who has the care, control and management of livestock being transported must take reasonable steps to minimise the risk of harm to the livestock from extreme weather conditions while being transported. 41—Livestock handling facilities A person who owns or operates a livestock handling facility must ensure that the facility— (a) is suitable for the type of livestock using the facility; and (b) has effective airflow that is appropriate for the type of livestock using the facility; and (c) has a surface or flooring that minimises the risk of injury to the livestock from slipping or falling; and (d) is free from internal protrusions and objects that may cause injury to the livestock; and (e) has sufficient vertical clearance to minimise the risk of injury to the livestock. 42—Transport vehicles (1) The driver of a vehicle being used to transport livestock must ensure that the vehicle— (a) is suitable for the type of livestock being transported; and (b) has effective airflow that is appropriate for the type of livestock being transported; and (c) has a surface or flooring that minimises the risk of injury to the livestock from slipping or falling; and (d) is free from internal protrusions and objects that may cause injury to the livestock; and (e) has sufficient vertical clearance immediately above the livestock to minimise the risk of injury to the livestock. (2) The driver of a vehicle transporting livestock must ensure that the vehicle and any ramp used to load or unload the livestock are properly aligned and sufficiently close together so as to minimise the risk of injury to the livestock. 43—Handling of livestock for transport (1) A person handling livestock for transport must do so in a manner that is appropriate for the species and class of livestock so as to minimise the risk of harm to the livestock. (2) Without limiting the generality of subregulation (1), a person handling livestock, other than poultry, for transport— (a) must not— (i) lift or carry the livestock by only the head, ears, horns, neck, tail, wool, hair or feathers; or (ii) unless the livestock is a sheep, goat or pig that weighs less than 15 kilograms—lift or carry the livestock by 1 leg; or (iii) unless it is necessary in the circumstances to allow safe handling, lifting, treatment or humane destruction of livestock—drag livestock that is unable to stand; and (b) must ensure that livestock being lifted by mechanical means is well supported and secured. (3) Subject to subregulation (4), a person handling poultry for transport may only lift or carry the poultry by the head, neck, wing feathers or tail feathers if the poultry is also supported under its breast. (4) A person may when handling poultry for transport— (a) in the case of a turkey—lift and carry the bird by the tail feathers and neck together, or by 1 leg and 1 wing together; or (b) in the case of an adult goose, or a domestic fowl primarily kept for breeding purposes—lift and carry the bird by the base of both wings alone; or (c) in the case of a duck—lift and carry the bird by its neck alone or by the base of both wings alone; or (d) in any other case—lift and carry the bird by 1 leg. (5) A person must not tie the legs of an emu, ostrich or any poultry together for the purposes of transporting the birds. (6) A person must, when transporting emus, ostriches or any poultry in containers, ensure that the containers— (a) are loaded onto, or unloaded from, the vehicle carefully without being dropped or thrown; and (b) are placed on the vehicle in an upright position without excessive tilting; and (c) are attached securely to the vehicle; and (d) are suitable for the species or class of bird being transported. 44—Use of dogs (1) A person may only use a dog to assist in the control or movement of livestock for transport if— (a) the livestock is an animal of a prescribed class; and (b) the dog is under effective control at all times; and (c) in the case of a dog that has a history of biting humans or animals—the dog is wearing a muzzle. (2) The driver of a vehicle transporting an animal of a prescribed class may only permit a dog to be transported in the same enclosure as the animal if the dog has bonded with and been used as a guardian of that animal. (3) In this regulation— animal of a prescribed class means cattle (other than bobby calves), deer, emus, ostriches, pigs and sheep. 45—Loading density of certain livestock during transport (1) This regulation does not apply to the transport of emus, ostriches or poultry loaded in containers. (2) The driver of a vehicle transporting livestock must ensure that— (a) the livestock are separated by sufficient internal partitions or other barriers during transport so as to minimise the risk of harm to the livestock; and (b) the loading density of the livestock in the vehicle (including each pen, container, crate or other partition of the vehicle) is such so as to minimise the risk of harm to the livestock. (3) For the purposes of subregulation (2)— (a) the following matters must be taken into account in determining whether the separation of livestock is sufficient: (i) the species, class and size of the livestock; (ii) the general health of the livestock; (iii) the level of aggression of the livestock; (iv) the nature of the proposed journey; and (b) the following matters must be taken into account in determining whether the loading density of the livestock on a vehicle is appropriate: (i) the species of livestock; (ii) the class of livestock; (iii) the size and body condition of the livestock; (iv) the length and density of wool or hair of the livestock; (v) the horn status of the livestock; (vi) the weather conditions predicted for the proposed journey; (vii) the nature of the proposed journey; (viii) the design and capacity of the vehicle. 46—Loading density of emus, ostriches or poultry transported in containers (1) A person loading emus, ostriches or poultry into a container for transport must ensure that the loading density of the birds in the container is such so as to minimise the risk of harm to the birds. (2) For the purposes of subregulation (1), the following matters must be taken into account in determining whether the loading density of birds in a container is appropriate: (a) the species and class of birds; (b) the size, body condition and density of feathers of the birds; (c) the weather conditions predicted for the proposed journey; (d) the nature of the proposed journey; (e) the design and capacity of the vehicle on which the containers are to be transported. 47—Driver's duties (1) The driver of a vehicle transporting livestock must— (a) inspect the vehicle immediately before departure following the loading of the livestock (whether at the commencement of, or during, a journey) to ensure that any containers being used to transport the livestock, and the doors enclosing the livestock, are secured; and (b) before unloading livestock from the vehicle, inspect the livestock handling facility into which the livestock are to be unloaded to ensure that there is free access and sufficient space for the livestock to be unloaded; and (c) take reasonable steps to— (i) notify the person to whom the care, control and management of the livestock is to be transferred at a destination of any change in the estimated time of arrival of the livestock; and (ii) if records were required to be kept under regulation 48, provide them with a copy of those records. (2) The driver of a vehicle transporting livestock must carry out an inspection to assess the health and well‑being of the livestock— (a) immediately before commencing the journey; and (b) in respect of livestock (other than emus, ostriches or poultry loaded in containers on the vehicle, or livestock being transported on a road‑going vehicle on a sea‑going vessel)— (i) at least once within the first hour of the journey; and (ii) at least once every 3 hours of the journey thereafter; and (iii) before there is a change of driver; and (c) at any time the livestock are unloaded from the vehicle (whether during or on completion of the journey). (3) If during the course of a journey the driver of a vehicle transporting livestock identifies an animal that is weak, ill, injured or otherwise distressed, the driver must— (a) as soon as is reasonably practicable, provide or seek such assistance for the animal as is reasonable in the circumstances; and (b) on transferring the care, control and management of the animal to another person (whether during or on completion of the journey, or otherwise)—notify that person of the identity and condition of the animal. (4) The person who, on completion of the journey, has the care, control and management of an animal referred to in subregulation (3) must, as soon as is reasonably practicable, make arrangements for— (a) the separation of the animal for rest and recovery; or (b) the appropriate treatment of the animal; or (c) the humane destruction and disposal of the animal; or (d) any other measure that is appropriate in the circumstances. 48—Records (1) If the journey time for transporting livestock is reasonably estimated to be 24 hours or more, the driver of the vehicle transporting the livestock must keep a record of— (a) the date and time the livestock were loaded on the vehicle for the journey; and (b) the date and time of when the livestock last had reasonable access to water prior to the commencement of the journey; and (c) the date, time of commencement and length of any spell given to the livestock; and (d) the date and time of livestock inspections undertaken by the driver; and (e) the details of any concerns for the welfare of livestock identified by the driver, including the date and time the concerns were identified, and the details of any action taken; and (f) the details of any person the driver should contact in the event of an emergency. (2) A driver must give a copy of the records required to be made under subregulation (1) to any other person to whom the driver transfers the care, control and management of the livestock during, or on completion of, the journey. (3) A person required to keep records under this regulation must ensure the records are readily available for inspection at all reasonable times by an inspector. (4) For the purposes of this regulation, a record may be kept in electronic form. Division 3—Specific requirements for transporting certain livestock 49—Livestock to be spelled (1) Subject to this Division, the driver of a vehicle transporting livestock must ensure that the journey time for the livestock does not exceed the period of time specified in this Division in respect of livestock of the species or class of species being transported. (2) Subject to this Division, the driver of a vehicle transporting livestock must ensure that before the maximum time off water is exceeded for the livestock, the livestock is given a spell for a period of time of not less than the minimum spell duration as specified in this Division in respect of livestock of the species or class of species being transported. (3) However, if the minimum spell duration that is required for livestock under this Division exceeds 24 hours, the minimum spell duration required may be reduced to 24 hours if (and only if)— (a) the maximum time off water permitted in respect of the livestock has not yet been reached; and (b) the actual time for which the livestock has been off water is less than 24 hours. (4) If the care, control and management of livestock being transported is transferred to a person at a destination and the person is unable to ascertain as to when the livestock last had reasonable access to water, it will be taken that the maximum time off water for the livestock has been reached and the person must, as soon as is reasonably practicable, spell the livestock for the period of time that is not less than the minimum spell duration as specified in this Division in respect of livestock of that species or class. 50—Alpacas (1) Subject to this regulation, when transporting alpacas— (a) the journey time for the class of alpaca listed in column 1 of the table set out in this subregulation, must not exceed the period of time specified in column 2 of the table with respect to that class; and (b) the maximum time off water for the class of alpaca listed in column 1 of the table set out in this subregulation, is the period of time specified in column 3 of the table with respect to that class; and (c) the minimum spell duration for the class of alpaca listed in column 1 of the table set out in this subregulation, is the period of time specified in column 4 of the table with respect to that class.