48Conditions of setting or use of net traps

48 Conditions of setting or use of net traps

(1) A net trap that is designed to be triggered by an animal must be checked at least every 4 hours.

(2) A net trap that is designed to be triggered by a person or set across the path of an animal such as a bird or bat must not be used unless the trap is constantly monitored.

(3) As soon as is reasonably possible after an animal is observed to be trapped or entangled in a net trap, the animal must be removed.

(4) A person removing animals from a net trap must be experienced in handling the target species or under the supervision of a person experienced in handling the target species.

(5) 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 its owner.

(6) If an animal that is not required to be humanely destroyed under subregulation (5), or an animal for which a net trap has been set or used is captured in the trap and is alive and injured at the time the trap is checked, it must be provided with veterinary treatment as soon as is reasonably possible or, if severely injured, may be humanely destroyed.

(7) An animal that is removed from a trap under this regulation must be—

(a) if a dog or 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, 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 the 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.

(8) A net trap must be set or used so as to minimise—

(9) 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.