Victorian Numbered Regulations

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PREVENTION OF CRUELTY TO ANIMALS REGULATIONS 2008 (SR NO 162 OF 2008) - REG 36

Conditions of set or use of confinement traps

    (1)     A person must not set or use a confinement trap unless the person complies with the conditions under this regulation.

    (2)     If the animal is trapped in an enclosure or yard in a non-urban area where sufficient food, water and shelter is provided 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 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 taken to a veterinary practitioner for treatment as soon as is reasonably possible or, if severely injured, may be humanely destroyed.

    (6)     If an animal that is released from a trap under subregulation (5)(a) is uninjured and is—

        (a)     a dog or a cat, it must be taken to the local council as soon as is reasonably possible; or

        (b)     an animal that is not wildlife or a dog or a cat, it must be taken to an animal shelter or other appropriate animal care facility as soon as is reasonably possible.

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

        (a)     any harm caused to a trapped animal; and

        (b)     the risk of catching non-target species.

    (8)     Subregulations (2) to (7) do 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.



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