Victorian Numbered Regulations

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PREVENTION OF CRUELTY TO ANIMALS REGULATIONS 2008 (SR NO 162 OF 2008) - REG 40

Conditions of set or use of net traps

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

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

    (3)     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.

    (4)     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.    

    (5)     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.

    (6)     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.

    (7)     If an animal that is not required to be humanely destroyed under subregulation (6), 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 taken to a veterinary practitioner for treatment as soon as is reasonably possible or, if severely injured, may be humanely destroyed.

    (8)     If an animal that is removed from a trap under this regulation is uninjured and—

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

        (b)     is not wildlife, 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.

    (9)     A net 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.

    (10)     Subregulations (2) to (9) 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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