52Conditions of set or use of non-kill snare

52 Conditions of set or use of non-kill snare

(1) A trapped animal must not be left alive in the non‑kill snare for more than 8 hours.

(2) A trapped animal that is a declared pest animal 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.

(3) If an animal that is not required to be humanely destroyed under subregulation (3) or that is not an animal for which the non-kill snare has been set or used, is captured in the non-kill snare and is alive at the time the non-kill snare is checked—

(a) the animal must be released from the non-kill snare 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, the animal may be humanely destroyed.

(4) An animal that is released from a non-kill snare under subregulation (3)(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 the process approved by the Minister under Division 11 of this Part; or

(d) if wildlife, it must be 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.

(5) The non-kill snare must be set or used so as to minimise—

(6) 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.