Authorised Version
Prevention of Cruelty to Animals (Domestic Fowl)
Regulations 2016
S.R. No. 122/2016
TABLE OF PROVISIONS
Regulation
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Page
Objective
Authorising provision
Commencement
Revocation
Definitions
General conditions for the keeping of domestic fowl
General cage requirements for domestic fowl kept for egg
production
Minimum cage floor area for domestic fowl weighing less than
4·5 kilograms kept for egg production
Minimum cage floor area for domestic fowl weighing
4·5 kilograms or more kept for egg production
General requirements for domestic fowl kept for egg or meat
production in non-cage housing system
Minimum useable floor area for domestic fowl kept for egg
production in non-cage housing system
Minimum useable floor area for domestic fowl kept for meat
production in non-cage housing system
Range requirements for domestic fowl
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Endnotes
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Authorised by the Chief Parliamentary Counsel
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Authorised Version
STATUTORY RULES 2016
S.R. No. 122/2016
Prevention of Cruelty to Animals Act 1986
Prevention of Cruelty to Animals (Domestic Fowl)
Regulations 2016
The Governor in Council makes the following Regulations:
Dated: 4 October 2016
Responsible Minister:
JAALA PULFORD
Minister for Agriculture
ANDREW ROBINSON
Clerk of the Executive Council
1 Objective
The objective of these Regulations is to provide
for the conditions under which domestic fowl are
housed.
2 Authorising provision
These Regulations are made under section 42 of
the Prevention of Cruelty to Animals Act 1986.
3 Commencement
These Regulations come into operation on
18 October 2016.
4 Revocation
The Prevention of Cruelty to Animals
(Domestic Fowl) Regulations 20061 are
revoked.
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5 Definitions
In these Regulations—
cage floor area means the floor area of the
internal part of a cage;
domestic fowl means a member of the species
Gallus gallus domesticus;
range means an outdoor area that is accessible to
domestic fowl.
6 General conditions for the keeping of domestic fowl
(1) A person who is in charge of domestic fowl must
ensure that the fowl are provided with access to
food that contains adequate nutrients to meet the
requirements of their health and wellbeing—
(a) in the case of newly-hatched fowl, within
60 hours after hatching; and
(b) in any other case, at least once in every
24 hour period.
Penalty: 5 penalty units.
(2) A person who is in charge of domestic fowl must
ensure that the fowl are provided with access to
sufficient water to meet the requirements of their
health and wellbeing—
(a) in the case of newly-hatched fowl, within
60 hours after hatching; and
(b) in any other case, at least once in every
24 hour period.
Penalty: 5 penalty units.
(3) A person who is in charge of domestic fowl must
ensure that the fowl are inspected at least once
in every 24 hour period to assess their health
and wellbeing.
Penalty: 5 penalty units.
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(4) A person who is in charge of domestic fowl must
have—
(a) a contingency plan in respect of any power
failure; and
(b) a contingency plan in respect of any
interruption to the supply of food or
water to the domestic fowl.
Penalty: 5 penalty units.
(5) A person who is in charge of domestic fowl
that are housed in a mechanically ventilated
shed must ensure there is a system in place for
testing alarms installed at the shed.
Penalty: 5 penalty units.
7 General cage requirements for domestic fowl kept
for egg production
(1) This regulation applies to a person who is in
charge of domestic fowl that are—
(a) kept for the purposes of egg production; and
(b) housed in cages.
(2) The person must ensure that if the domestic fowl
are housed in a structure with more than one deck,
the cages in that structure are arranged so that all
of the domestic fowl are—
(a) visible for the purpose of inspection; and
(b) protected from excreta from fowl that are
housed on any higher deck.
Penalty: 5 penalty units.
(3) The person must ensure that the floor of each
cage in which the domestic fowl are housed is
constructed to support the forward pointing toes
of any fowl housed in that cage.
Penalty: 5 penalty units.
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(4) The person must ensure that the height of each
cage is greater than the maximum height of any
domestic fowl standing normally in that cage.
Penalty: 5 penalty units.
(5) The person must ensure that each cage has a door
with the following dimensions—
(a) a height equal to the full height of the cage;
(b) a width that is either—
(i) at least 50 centimetres; or
(ii) if the width of the cage is less than
50 centimetres, the full width of the
cage.
Penalty: 5 penalty units.
8 Minimum cage floor area for domestic fowl
weighing less than 4·5 kilograms kept for egg
production
(1) This regulation applies in relation to domestic
fowl that—
(a) weigh less than 4·5 kilograms; and
(b) are kept for the purposes of egg production;
and
(c) are housed in a cage.
(2) A person who is in charge of domestic fowl must
ensure that each cage floor area is—
(a) if the cage houses 1 fowl, at least
1000 square centimetres; and
(b) if the cage houses 2 fowl, at least
1350 square centimetres; and
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(c) if the cage houses 3 or more fowl and each
fowl weighs less than 2⋅4 kilograms, at least
550 square centimetres for each fowl; and
(d) if the cage houses 3 or more fowl and any of
those fowl weighs 2⋅4 kilograms or more, at
least 600 square centimetres for each fowl.
Penalty: 5 penalty units.
9 Minimum cage floor area for domestic fowl
weighing 4·5 kilograms or more kept for egg
production
(1) This regulation applies in relation to domestic
fowl that—
(a) weigh 4·5 kilograms or more; and
(b) are kept for the purposes of egg production;
and
(c) are housed in a cage.
(2) A person who is in charge of domestic fowl must
ensure that—
(a) if the cage houses 1 fowl, the total weight of
the fowl does not exceed 26 kilograms for
each square metre of the cage floor area; and
(b) if the cage houses 2 fowl, the total weight of
the fowl does not exceed 40 kilograms for
each square metre of the cage floor area; and
(c) if the cage houses 3 or more fowl, the
total weight of the fowl does not exceed
46 kilograms for each square metre of the
cage floor area.
Penalty: 5 penalty units.
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10 General requirements for domestic fowl kept for egg
or meat production in non-cage housing system
(1) This regulation applies to a person who is in
charge of domestic fowl that are—
(a) kept for the purposes of egg or meat
production; and
(b) housed in a non-cage housing system.
(2) The person must ensure that there is sufficient
access to the fowl to allow their health and
wellbeing to be assessed.
Penalty: 5 penalty units.
(3) The person must ensure that if the non-cage
housing system contains more than one housing
level or multi-level perches, all fowl are protected
from excreta from fowl housed on any higher
level within the non-cage housing system.
Penalty: 5 penalty units.
(4) The person must ensure that the height of the
non-cage housing system is at least
45 centimetres.
Penalty: 5 penalty units.
11 Minimum useable floor area for domestic fowl kept
for egg production in non-cage housing system
A person who is in charge of domestic fowl that
are kept for the purposes of egg production and
are housed in a non-cage housing system must
ensure that the total weight of the fowl does not
exceed 30 kilograms for each square metre of the
useable floor area.
Penalty: 5 penalty units.
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12 Minimum useable floor area for domestic fowl kept
for meat production in non-cage housing system
(1) A person who is in charge of domestic fowl that
are kept for the purposes of meat production and
are housed in a non-cage housing system must
ensure that—
(a) if the housing system uses an evaporative
cooling system, the total weight of the
domestic fowl does not exceed 40 kilograms
for each square metre of the useable floor
area; and
(b) if the housing system uses a water-based
cooling system with stirring fans—
(i) the total weight of the domestic fowl
does not exceed 40 kilograms for each
square metre of the useable floor area
during the period starting on 1 March
and ending on 31 October in each year;
and
(ii) the total weight of the domestic
fowl does not exceed 36 kilograms
for each square metre of the useable
floor area during the period starting
on 1 November and ending on
28 February or 29 February in a
leap year (as applicable) each year;
and
(c) if the housing system does not have a
mechanical cooling system, the total
weight of the domestic fowl does not
exceed 28 kilograms for each square
metre of the useable floor area.
Penalty: 5 penalty units.
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(2) For the purposes of subregulation (1), the
following areas of a non-cage housing system
may be included when calculating the usable
floor area—
(a) any slatted or metal mesh areas of flooring;
(b) any area of floor taken up by any feeding or
watering equipment or any nest box.
13 Range requirements for domestic fowl
(1) This regulation applies to a person who is in
charge of domestic fowl that have access to a
range.
(2) The person must ensure that the domestic fowl
have access to shelter on the range that provides
protection from adverse weather that is likely to
cause heat or cold stress.
Penalty: 5 penalty units.
(3) The person must ensure that reasonable steps are
taken to reduce the risk of predation at the range.
Penalty: 5 penalty units.
(4) The person must ensure that the domestic fowl
have unrestricted access for a minimum of 8 hours
each day through openings to the range, except at
times when the person determines that it is in the
best interest of the health and wellbeing of the
domestic fowl for the fowl to be confined indoors.
Penalty: 5 penalty units.
(5) The person must ensure that—
(a) each opening to the range is—
(i) at least 35 centimetres high; and
(ii) at least 40 centimetres wide; and
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(b) the combined width of all of the openings
to the range is at least 2 metres for each
1000 fowl.
Penalty: 5 penalty units.
(6) The person must ensure that the openings to the
range—
(a) enable the domestic fowl to move freely and
safely to and from the range; and
(b) are designed to minimise the adverse effects
of weather on—
(i) the domestic fowl; and
(ii) the quality of litter material.
Penalty: 5 penalty units.
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Endnotes
Endnotes
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Reg. 4: S.R. No. 143/2006.
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Penalty Units
These Regulations provide for penalties by reference to penalty units within
the meaning of section 110 of the Sentencing Act 1991. The amount of the
penalty is to be calculated, in accordance with section 7 of the Monetary
Units Act 2004, by multiplying the number of penalty units applicable by the
value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2016 is
$155.46.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the
Treasurer under section 5 of the Monetary Units Act 2004. The value of a
penalty unit for a financial year must be published in the Government Gazette
and a Victorian newspaper before 1 June in the preceding financial year.
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