38Conditions of setting or use of small and large leghold traps

38 Conditions of setting or use of small and large leghold traps

(1) A trapped animal must not be left alive in the trap for more than 24 hours.

(2) Until 1 December 2024, the Minister may issue an authority giving approval to allowing an animal to be left alive in a large leghold trap for up to 72 hours where the large leghold trap is set or used for wild dogs by a person employed or authorised for the purposes of the Victorian government program for managing wild dogs.

(3) The Minister may, as a condition of granting the authority under subregulation (2), require a report providing the details required by the Minister about the operation of the authority in the form required by the Minister and at the intervals specified by the Minister.

(4) A trapped animal that is a declared pest animal must be humanely destroyed as soon as is reasonably possible unless—

(a) the person who owns it is authorised to own it under the Catchment and Land Protection Act 1994; and

(b) the animal can be returned to the owner.

(5) If an animal that is not required to be humanely destroyed under subregulation (4) is captured in the trap, and is alive at the time the trap is checked—

(a) the animal must be released from the trap as soon as is reasonably possible; and

(b) if the animal is injured, it must be provided with veterinary treatment as soon as is reasonably possible or, if severely injured, may be humanely destroyed.

(6) An animal that is released from a trap under subregulation (5)(a), that is not injured, must be—

(a) if a dog or a cat captured in a local government area, taken to the local council as soon as is reasonably possible; or

(b) if a species normally kept in captivity, that is not wildlife or a dog or a cat, taken to an animal shelter or other appropriate animal care facility as soon as is reasonably possible; or

(i) under an agreement with a local Council or Animal shelter to accept and care for captured domestic animals and, for dogs and cats, to be managed by the council or animal shelter in accordance with the Domestic Animals Act 1994; or

(ii) in accordance with a process approved by the Minister under Division 11 of this Part; or

(d) if wildlife, released at the point of capture in accordance with the Wildlife Act 1975; or

(e) if a wild animal of a species not normally kept domestically but which is not wildlife, released at point of capture or humanely destroyed.

(7) The trap must be set or used so as to minimise—