Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Re Wildlife Protection Association of Australia Inc. and Minister for the Environment, Heritage and the Arts | (2008) 106 ALD 123 | [2008] AATA 717 |
The Minister for the Environment declared the New South Wales Commercial Kangaroo Harvest Management Plan 2007-2011 to be an approved wildlife trade management plan within the meaning of the Environment Protection and Biodiversity Act 1999 (Cth). The Tribunal considered aspects of the plan including: ecological sustainability; conservation of biodiversity; humane treatment; response to environmental impact; precautionary principles; ethical research; and state legislation. The plan was ultimately approved by the Tribunal with a caveat that it include a trigger to suspend the 'harvest' if population levels dropped by 30% or over. |
Case | |
| Oshannessy v Heagney | [1997] NSWSC 482 |
The case focuses primarily on the procedural requirements for stating a case. However, there is also discussion concerning what are the appropriate steps that a motor vehicle driver, who has hit and injured an animal with their vehicle, must take. In this case, the trial judge found that a refusal to stop and inspect the animal did not constitute a failure to take reasonable steps to alleviate that animal's pain. |
Case | ||
| Australia - Anti Cruelty - POCTAA General Regulations 1996 | POCTAA Regs cl | Agency Citation | This Regulation is the Prevention of Cruelty to Animals (General) Regulation 1996 for the Prevention of Cruelty to Animals Act (POCTAA) 1979. The regulations may prescribe guidelines relating to the welfare of species of farm or companion animals. Compliance or failure to comply with guidelines prescribed by regulation under this section is admissible as evidence in proceedings relating to compliance or failure to comply with POCTAA or the regulations. | Administrative | |
| Animal Liberation Ltd v National Parks & Wildlife Service | [2003] NSWSC 457 |
The applicants sought an interlocutory injunction to restrain the respondent from conducting an aerial shooting of goats as part of a 'cull'. The applicants claimed that the aerial shooting constituted cruelty as the goats, once wounded, would die a slow death. An injunction was granted to the applicants pending final hearing of the substantive action against the aerial shooting. |
Case | ||
| AU - Cruelty - South Australia Animal Welfare Act 1985 (SA) | Animal Welfare Act 1985 |
The South Australian Animal Welfare Act’s primary purpose is for the promotion of animal welfare. The Act is enforced by RSPCA SA and is the primary piece of legislation that aims to protect animals from cruelty in South Australia. The Act generally governs domestic privately owned animals (pets). |
Statute | ||
| New Zealand - Animal Welfare - Code for Layer Hens 1999 | Code of Animal Welfare No. 18 | In New Zealand, hens are kept under conditions ranging from large commercial enterprises where the birds are totally reliant on humans for all their daily requirements to free-ranging hens which have access to outdoor runs or pasture. Provided those concerned with the day-to-day care of the hens treat them with skill and consideration, their welfare can be safeguarded under a variety of management systems. The code takes account of five basic requirements: freedom from thirst, hunger and malnutrition, the provision of appropriate comfort and shelter, the prevention, or rapid diagnosis and treatment, of injury, disease or infection, freedom from distress, and the ability to display normal patterns of behavior. | Statute | ||
| AU - Wildlife - Game and Feral Animal Control Act 2002 (NSW) | Game and Feral Animal Control Act 2002 |
The objects of this Act are: to provide for the effective management of introduced species of game animals; and to promote responsible and orderly hunting of those game animals on public and private land and of certain pest animals on public land. |
Statute | ||
| RSPCA v O'Loughlan | [2007] SASC 113 |
The appellant, the RSPCA, relied on the fact that a horse, once in RSPCA care, had a significantly improved condition in comparison to that described as 'emaciated' while in the respondent's care. The respondent claimed that the horse's condition fluctuated depending on the presence of mares in heat during summer and that she had tried several changes to the feed to counter a loss in weight. On appeal, the appellate judge did not disturb the trial judge's finding and confirmed that the respondent's conduct was reasonable in the circumstances. |
Case | ||
| Animal Liberation (Vic) Inc v Gasser | (1991) 1 VR 51 | (1990) Aust Torts Reports 81-027 |
Animal Liberation were injuncted from publishing words claiming animal cruelty in a circus or demonstrating against that circus. They were also found guilty of nuisance resulting from their demonstration outside that circus. On appeal, the injunctions were overturned although the finding of nuisance was upheld. |
Case | |
| Turner v Cole | [2005] TASSC 72 |
RSPCA officers found a horse belonging to the applicant on the applicant's property and, after preparing the horse for transport, had to euthanise the animal when it collapsed. The applicant was convicted of failing to feed a horse which led to its serious disablement and eventual euthanisation. The applicant was unsuccessful on all issues on appeal and was liable for a fine of $4000 and prevention from owning 20 or more horses for five years. |
Case |