Can my stock be seized?
Following an inspection of the animals, an enforcement agency inspector may provide advice or issue written directions to the stock owner relating to the care of the animals, usually in consultation with Local Land Services.
In serious cases, an inspector may immediately seize an animal.
If a stock owner does not comply with written directions and the animals remain at risk, an enforcement agency may request that a Stock Welfare Panel (Panel) be established. NSW DPIRD has the power to establish a Panel under the Prevention of Cruelty to Animals Act 1979 (the Act).
Panels seek to improve the animal welfare outcomes for the stock through a structured process.
Panels must consist of representatives from an enforcement agency, Local Land Services, and NSW DPIRD and usually include a NSW Farmers' Association representative. The Local Land Services and NSW DPIRD representatives must have animal welfare or stock management expertise. If the Local Land Services representative is not a veterinarian, the Panel may also include a private veterinarian.
Subsequent to advice from the Panel, NSW DPIRD may issue an official warning requiring the stock owner to complete specified actions for the care of the animals within a set timeframe.
The Panel will monitor, assess and report on compliance. If the stock owner does not comply, NSW DPIRD may issue an order to seize and dispose of the stock by way of sale or otherwise.
The costs of doing this are taken from the proceeds of the sale of the animals. The stock owner receives the balance of the proceeds of sale.
This process is set out in Part 2B of the Act.
What role does Local Land Services play?
Local Land Services (LLS) is available to provide advice on caring for animals and animal welfare, feeding advice, assessment of stock to ensure they are 'fit to load' and biosecurity advice. If you are seeking this advice, you are encouraged to contact your LLS Office.
LLS is not an animal welfare enforcement agency.
LLS vets can provide advice to animal welfare enforcement agencies for cases involving stock. They may also attend inspections in an advisory capacity to provide advice.
A representative from LLS is on Stock Welfare Panels when they are convened.
What role does NSW DPIRD play?
NSW DPIRD administers the Prevention of Cruelty to Animals Act 1979, but is not an enforcement agency. NSW DPIRD has the power to authorise the establishment of a Stock Welfare Panel (Panel), which is usually at the request of an enforcement agency.
NSW DPIRD convenes and provides secretariat support for Panels and a NSW DPIRD representative with expertise in animal welfare or livestock management, participates on Panels when they are established. NSW DPIRD has the power to issue warnings and order seizure and disposal of stock.
Can my stock be euthanased?
Stock will only be euthanased in serious circumstances.
In the majority of cases, enforcement agencies will seek to resolve animal welfare issues through the provision of education and advice.
Euthanasia is considered to be a ‘last resort’ measure that is taken to ensure appropriate animal welfare outcomes.
The Prevention of Cruelty to Animals Act 1979 provides that an authorised inspector may euthanase an animal, if the inspector suspects on reasonable grounds, that the animal is in distress or the animal is so severely injured, diseased or in such a physical condition that it is cruel to keep it alive.