After regulation 25 of the Principal Regulations , the following regulation is inserted in Part 4:

25A.     Confinement of sows to stalls prohibited

(1)  In this regulation –

reproductive cycle , of a sow, means the period commencing at oestrous and ending immediately before the sow is next in oestrous.

(2)  A person must not keep a female pig in a stall except in accordance with a specific direction, made in respect of the female pig, by a veterinary surgeon.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; or

(b) an individual, a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

(3)  Subregulation (2) does not apply in relation to a female pig –

(a) if the pig is kept in a stall, for the purpose of mating –

(i) for a period of not more than 5 consecutive days following each mating; and

(ii) for no more than a total of 10 days in each reproductive cycle; or

(b) if the pig is kept in a stall, for one or more of the following purposes, for a period of not more than 3 hours a day in total:

(i) feeding;

(ii) vaccination or other animal husbandry procedure;

(iii) cleaning of the pen normally used to house the pig.

(4)  A person who keeps a female pig in a stall, other than in accordance with subregulation (3)(b) , must make a record of the following information and retain the record for a period of at least 5 years:

(a) information that identifies the female pig kept in a stall;

(b) the reason why the female pig was kept in the stall;

(c) the dates and times the female pig was kept in the stall.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; or

(b) an individual, a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

(5)  This regulation does not apply to a person if –

(a) on the day the Animal Welfare (Pigs) Amendment Regulations 2013 commence, the person –

(i) keeps pigs for commercial purposes; and

(ii) has, in the 12 months immediately preceding the commencement of those regulations, kept a pig for such purposes in a stall; and

(b) after the commencement of those regulations, that person only keeps a female pig in a stall referred to in paragraph (a)(ii) .

(6)  Subregulation (5) ceases to have effect on 1 January 2014.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 26 June 2013

These regulations are administered in the Department of Primary Industries, Parks, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Animal Welfare (Pigs) Regulations 2013 by making it an offence for a female pig to be kept in a stall, except in certain limited circumstances.