44Conditions of set or use of confinement traps

44 Conditions of set or use of confinement traps

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

(2) If the confinement trap is in the form of a fenced enclosure or yard in a non-urban area and sufficient and appropriate food, water and shelter is available to the trapped animal, the animal must not be left trapped for more than 48 hours.

(3) In any case other than that referred to in subregulation (2), the trapped animal must not be left alive in the trap for more than 24 hours.

(4) A trapped animal that is a declared pest animal or noxious aquatic species must be humanely destroyed as soon as is reasonably possible unless the person who owns it is authorised to own it under the Catchment and Land Protection Act 1994 and the animal can be returned to the owner.

(5) If an animal is not required to be humanely destroyed under subregulation (4) or an animal for which the trap has been set or used, 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, it must be released at the point of capture; 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) This regulation does not apply in circumstances where the use has been otherwise approved by an Animal Ethics Committee for research approved under licence in accordance with Part 3 of the Act.