1 / 10

Animal Protection Laws and Animals in the Wild

Animal Protection Laws and Animals in the Wild. Celeste M Black Sydney Law School Human Animal Research Network 2 May 2014. Animal Protection Laws in Australia. Largely a concern of the States and Territories, eg Prevention of Cruelty to Animals Act 1979 (NSW)

rolf
Télécharger la présentation

Animal Protection Laws and Animals in the Wild

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Animal Protection Laws andAnimals in the Wild Celeste M Black Sydney Law School Human Animal Research Network 2 May 2014

  2. Animal Protection Laws in Australia • Largely a concern of the States and Territories, egPrevention of Cruelty to Animals Act1979 (NSW) • The concern is the individual animal • Basic Offences • Committing an act of cruelty against an animal (s 5 of POCTAA) • Failing to meet your duty of care in relation to an animal (eg s 8 of POCTAA)

  3. What is an act of cruelty? • “any act or omission as a consequence of which the animal is unreasonably, unnecessarily or unjustifiably: • (a) beaten, kicked, killed, wounded, pinioned, mutilated, maimed, abused, tormented, tortured, terrified or infuriated, • (b) over-loaded, over-worked, over-driven, over-ridden or over-used, • (c) exposed to excessive heat or excessive cold, or • (d) inflicted with pain.” (POCTAA s 4) How does one determine if a harmful act is necessary or justifiable?

  4. Duty of care provisions • Reasonable care to alleviate pain • Proper and sufficient food, drink and shelter • Providing adequate exercise • These requirements only apply to a “person in charge of an animal” being the owner or a person having the care, control or supervision of the animal • Animals in the wild are not owned or in custody/control so these duties cannot apply

  5. What do we mean by “wild animals”? • Wild by nature or in the wild? Or both? • Constructed categories: • Native and endangered • Native and common • Introduced • Game • Feral • Invasive • Pest

  6. Types of human interaction with animals in/from the wild • In some cases, no use or interference is allowed • Food: hunting, commercial “harvesting” • Leather/fur • Entertainment: hunting, zoos, circuses • Farming • Pest eradication – damage mitigation

  7. Regulation of Human Interaction with Wild Animals • Animal welfare laws • Nature conservation legislation • Preservation of endangered native wildlife • Controlled use of common native wildlife • Hunting legislation • Controlled use of introduced wild animals • Federal involvement: Commonwealth lands, national interest, imports and exports

  8. Limited protection under POCTAA - hunting • Use of poisons prohibited (s 15) but only applies to a “domestic animal” • Hunting related prohibitions: trap shooting (s 19), game parks (s 19A), animal catching (s 20), certain traps not to be used (s 23) • Section 24(1)(b)(i): it is a defence if it can be shown that the act was done in the course of hunting, shooting, snaring, trapping, catching or capturing the animal in a manner that inflicted no unnecessary pain upon the animal

  9. Further limits in other States • exemptions for animal control activities: • WA: defence if ”attempting to kill pests in a manner generally accepted as usual and reasonable” • Qld: exemption for acts to control feral or pest animals provided the act causes as little pain as is reasonable • limited application (Qld) or exclusion (Vic) for things done under nature conservation legislation

  10. Thank You! celeste.black@sydney.edu.au

More Related