local approvals policy keeping of animals€¦ · the keeping of animals for commercial purposes...

Nambucca Shire Council

Local Approvals Policy

Keeping of Animals

2009

Prepared by: Environment and Planning Department

Date: March 2009 Adopted by Council: 2 April 2009

i

Table of Contents Introduction .................................................................................................................................... 1

Aims of this Policy.......................................................................................................................... 1

Purpose of this Policy .................................................................................................................... 1

Scope of this Policy........................................................................................................................ 1

Definitions ...................................................................................................................................... 2

Prescriptive Requirements............................................................................................................. 2

Council’s Powers to Control and Regulate the Keeping of Animals .............................................. 3

Giving of Orders by Council ........................................................................................................... 3

Table 1: Requirements for Animal Keeping in Urban Areas .......................................................... 4

Table 2: Requirements for Animal Keeping in Rural-Residential Areas ........................................ 7

Appendix 1 – Standards for the Keeping of Birds and Animals (Extract from Local Government

(General) Regulation 2005) ......................................................................................................... 10

Appendix 2 – Code of Practice for keeping of birds..................................................................... 12

Appendix 3 – Code of Practice for the Keeping of Bees.............................................................. 15

Appendix 4 – Dictionary of Important Terms................................................................................ 17

Local Approvals Policy - Keeping of Animals - March 2009 1

Introduction The Nambucca Shire Council encourages the responsible keeping of animals, including, but not limited to, companion animals, therapeutic animals, pets, hobby farm animals, sustenance and food production animals. Most people who keep animals, as pets, or for the companionship they offer, will attest to the many benefits arising from such interactions. However, there are also negative situations that can occur when animals are kept in unhealthy or inappropriate conditions, or are kept in locations or circumstances which cause a nuisance to others. This Policy serves to inform members of the communities within the Nambucca Shire as to their rights and responsibilities when keeping animals. This Policy outlines the legal requirements and responsibilities of animal owners, and also offers advice and guidance to ensure that the keeping of animals is conducted in the most healthy and harmonious manner possible. Aims of this Policy The aims of this Policy are to: a Clarify Council’s position on the keeping of animals in different land-use areas within the

Nambucca Shire; b Outline Council’s responsibilities and expectations in regard to keeping animals in these

areas; and, c Educate the owners and carers of animals as to their responsibilities, and to encourage

them to act in the community interest. Purpose of this Policy The purpose of this Policy is to supplement provisions of the Local Government Act 1993 and Regulations by specifying matters that Council must take into account when determining whether or not to issue an Order under Section 124 of that Act. This Policy will allow Council Regulatory Officers and members of the public to ensure that the objectives of Schedule 2 Part 5 of the Local Government (General) Regulation 2005 – Standards for Keeping Birds or Animals, are observed when taking these matters into consideration. This Schedule is attached to the end of this Plan as Appendix 1. Scope of this Policy This Policy applies to the keeping of animals for domestic purposes as companion pets or for hobby interests. However, the principles contained in the prescriptive requirements also apply to the keeping of animals for commercial purposes including breeding, boarding, grooming, caring, treatment, racing, exhibiting, trading or selling. Where it is intended to keep animals for commercial purposes, advice should be sought from Council’s Planning Department as to whether a Development Application is required by Council in order to obtain planning consent. Consent to the operation of animal establishments may not be granted where Council considers that the proposal would be detrimental to the amenity of the locality. This Policy addresses statutory and community-based obligations for animal management practices in different land use areas. The land-use areas referred to in this Policy are described in the Nambucca Shire Council’s Local Environment Plan (LEP) and shall include Urban or


Residential/Village zones and Rural-Residential zones/areas as well as Rural land abutting any of these previously mentioned zones/areas. Guidelines or obligations for the keeping of animals in rural zones are not prescribed or controlled by this Local Approvals Policy. Definitions The definitions used in this Policy shall be read and incorporated in conjunction with: • Protection of the Environment Operations Act 1997; • NSW Local Government Act 1993; • Local Government (General) Regulation 2005; • Environmental Planning and Assessment Act 1979; and • Nambucca Local Environmental Plan 1995; Unless specified otherwise, the Act referred to in this Policy is the Local Government Act 1993. A dictionary defining the most important terms used in this Policy is taken from the dictionary for that Act, listed as Appendix 3 of this document. Prescriptive Requirements The number of animals that may be kept at a premises is not to exceed the number shown as listed in the Table of Requirements included with this Policy. In circumstances where an approval may be required, Council may not grant approval for increased animal numbers or changes to the identified minimum set back distance, however, Council may consider application for increased animal numbers or changes to the minimum setback distance where it can be demonstrated that such variation will have no potential or actual disturbances to health, environment, or neighbourhood amenity. The type of animal that is suitable to be kept at any premises will be determined having regard to the size of the available yard area, the distance to the nearest dwelling or other prescribed building, and any animal management plan for collection and storage of waste, control of noise, pests and vermin. Certain statutory requirements apply as noted in the table. It should not be assumed that animals of all types may be kept on premises which are part of a multiple dwelling allotment. Where a dwelling is owned within a Strata Plan or Community Title, it will be necessary for the rules of the Body Corporate to be examined for requirements relevant to the keeping of animals. In many cases private covenants may apply to land, whilst in some cases, restrictions may have been placed on the title of properties through development consent conditions restricting the type of animals which may be kept. A check of the land title will indicate the existence of such covenants. All animals must be kept in a manner which does not: • Create unclean or unhealthy conditions for people or for the animals • Attract or provide a harbourage for vermin • Create offensive noise or odour • Cause a drainage nuisance or dust nuisance • Create waste disposal problems or pollution problems • Create an unreasonable annoyance to neighbouring residents or fear for safety • Cause nuisance due to proliferation of flies, lice, fleas or other insects


Suitable shelter should be provided for all animals. Certain types of animals are required to be kept in cages to prevent their escape or attack by predators. Generally, other animals are to be securely enclosed with adequate fencing to prevent escape. Animal shelters should not be erected or located at premises without first determining whether the prior approval of Council is required. To determine whether a proposed animal shelter complies with Council’s requirements, or requires approval, please refer to Development Control Plan Number 10 – Exempt and Complying Development, located on Council’s website at http://www.nambucca.nsw.gov.au. Ferrets, cats, pigs and deer must not be released into the environment. Council’s Powers to Control and Regulate the Keeping of Animals Generally, Council’s powers to control and regulate the keeping of animals are provided under Section 124 of the Local Government Act 1993 and the Local Government (General) Regulation 2005, Schedule 2 Part 5. Under Chapter 7, Part 2, Division 1, Section 124, Order 18 of the above Act, the Council may, in the appropriate circumstances, issue an Order to: • Prohibit the keeping of various kinds of animals; • Restrict the number of various kinds of animals to be kept at a premises; or • Require that animals be kept in a specified manner The Council may also issue Orders requiring: • Demolition of animal shelters built without prior approval of the Council; or • The occupier to do or refrain from doing such things as are specified so as to ensure that

land or premises are placed or kept in safe or healthy conditions It is advised that Council can exercise further controls under the following Acts: • The Noise Control Act, 1975; • The Impounding Act, 1993; • The Food Act, 2003 (prohibits animals to be kept where food is handled for sale); • Companion Animals Act 1998; • Environmental Planning & Assessment Act 1979; and, • Protection of the Environment Operations Act 1997;

Giving of Orders by Council Firstly, it must be established that the keeping of a particular animal within the zone or area is permitted under Nambucca Shire Council’s Local Environmental Plan. Secondly, where a problem is identified with keeping of animals and it can not be resolved through consultation and mediation, the Council may proceed to issue notice of its intention to serve an Order. Normally a person will be given opportunity to make representation to Council prior to a formal Order being issued. In situations which Council believes constitute a serious risk to health or safety, an emergency Order to address or remove the risk may be issued without prior notice.


Table 1: Requirements for Animal Keeping in Urban Areas

URBAN AREAS (Including Villages) Type of Animal Maximum

Number Minimum

Distance (from habitable

structures and/or property

boundaries)

Applicable Regulations and Other Advisory Matters

Bees - - Requirements for the keeping of bees in residential, urban or village areas are provided by the NSW DPI – attached Appendix 3 of this Policy

Birds including canaries, budgerigars, quails, finches and parrots

Depending on breed of bird and location

Aviaries to be 900mm from any

property boundary

All birds to be kept in accordance with the “Code of Ethics” produced by the Associated Birdkeepers of Australia and printed by NSW Agriculture (See Appendix 2)

Cats 2 (and kittens to 6

months)

_ These regulations are to be read in conjunction with the Companion Animals Act, 1998 This Act requires cats to be: a microchipped by 6 months of age, and, b to be registered with the Nambucca

Shire Council Cats must not be released into the environment.

Dogs (excluding greyhounds)

2 (and pups to 6

months)

_ The exclusion of greyhounds does not apply to greyhounds which are registered as companion animals. These regulations are to be read in conjunction with the Companion Animals Act, 1998 This Act requires dogs to be: a microchipped by 6 months of age, and, b to be registered with the Nambucca

Shire Council Ferrets 2 Cages to be 9m

from dwellings and

900mm from any property boundary

The keeping of ferrets is not recommended in urban areas. However, where proper care (including appropriately designed, secure cages) is available, the keeping of ferrets is permitted providing no nuisance is created. Ferrets must not be released into the environment.

Greyhounds Prohibited in urban areas

The exclusion of greyhounds does not apply to greyhounds which are registered as companion animals.

Horses and cattle 0 _ The keeping of horses and cattle on properties of less than 5,000m2 in a residential, urban or village area, is not considered appropriate.

Pigs 0 _

The keeping of pigs is prohibited in residential, urban or village areas. Pigs must not be released into the environment.


URBAN AREAS (Including Villages)

Type of Animal Maximum Number

Minimum Distance (from

habitable structures

and/or property boundaries)


Pigeons 50 (members of recognised aviculture society)

15 (non-

members)

Coops to be 9m from dwellings

and 900mm from any

property boundary

Free lofting∗ is prohibited in residential, urban or village areas. Exercise periods to be restricted to the 2 hours immediately preceding sunset and following sunrise. Training of young birds to be conducted in a manner to avoid nuisance.

Poultry (domestic), guinea fowl and bantams Poultry other than fowls, including geese, turkeys peafowl and other pheasants

10 (and chicks until

fully fledged)

5 (and chicks until

fully fledged)

4.5m from dwellings

and 1 metre from any

property boundary

30m from dwellings

and 1 metre from any

property boundary

Keeping of poultry must not create a nuisance or be dangerous or injurious to health. Poultry yard must at all times be kept clean and free from offensive odours. Council may insist on the keeping of domestic poultry or guinea fowl at a distance greater than 4.5m in a particular case. The keeping of roosters in residential, urban or village areas is prohibited Poultry yards must be enclosed to prevent escape of poultry. The floors of poultry houses beneath roosts or perches must be constructed of impervious material (eg concrete or mineral asphalt) if constructed within 3m of a property boundary. This does not apply to poultry houses that are located at a distance greater than 15.2m from a dwelling, public hall or school. Where impervious material is not required the floor of the poultry house is to be covered with clean sand or other suitable material.

Rabbits 2 (same gender)

Cages to be 900mm from any

property boundary

Must be domestic breed and kept in a cage. Cages may be portable to allow access to fresh feed, but must securely contain animal(s). Do not release into environment. The rabbit is a declared noxious animal under the Rural Lands Protection Act, 1989. However, two domestic breed same gender pet rabbits, securely housed, are permitted per residential allotment. NOTE: Restriction on numbers is imposed by the NSW Dept of Agriculture under the Rural Lands Protection Act, 1989. For more than one rabbit a permit must be obtained from the Rural Lands Protection Board.

∗ Free lofting is defined as the uncontrolled release of pigeons


URBAN AREAS (Including Villages)


Minimum Distance (from

habitable structures

and/or property boundaries)


Other rodents (rats, mice and guinea pigs)

Appropriate to location,

species and breed

Appropriate distance to avoid nuisance and/or health hazard.

Must be kept in appropriate, escape-proof cages which are kept odour free. These animals must not be released into the environment

Reptiles and amphibians

As appropriate to

circumstances

As appropriate to circumstances.

All species must be adequately housed to prevent escape. The National Parks and Wildlife Act, 1974 and Fauna Protection Regulations place a general prohibition on the keeping of reptiles. Advice on the keeping of any reptile or amphibian should be sought from National Parks and Wildlife Service in ALL cases

Sheep and goats 1 of either 9m from dwellings

Billy goats or rams should not be kept on a residential property in a residential, urban or village area.


Table 2: Requirements for Animal Keeping in Rural-Residential Areas

RURAL-RESIDENTIAL AREAS Type of Animal Maximum

Number Minimum Distance (from habitable structures & property boundaries)


Bees - - Requirements for the keeping of bees in rural-residential areas are provided by the NSW DPI – attached Appendix 3 of this Policy

Birds including canaries, budgerigars, quails, finches and parrots

Depending on breed of bird and location

Aviaries to be 900mm from any property

boundary

All birds to be kept in accordance with the “Code of Ethics” produced by the Associated Birdkeepers of Australia and printed by NSW Agriculture (See Appendix 2)

Cats 2 (and kittens to

6 months)

_ These regulations are to be read in conjunction with the Companion Animals Act 1998 This Act requires cats to be: a microchipped by 6 months of age, and, b to be registered with the Nambucca

Shire Council Cats must not be released into the environment.

Dogs (excluding greyhounds)

2 (and pups to 6

months)

_ The exclusion of greyhounds does not apply to greyhounds which are registered as companion animals. These regulations are to be read in conjunction with the Companion Animals Act 1998 This Act requires dogs to be: a microchipped by 6 months of age, and, b to be registered with the Nambucca

Shire Council Ferrets 5 Cages to be 9m

from dwellings and

900mm from any property

boundary

Where proper care (including appropriately designed, secure cages) is available, the keeping of ferrets is permitted providing no nuisance is created. Ferrets must not be released into the environment.

Greyhounds (See Note at foot of table)

2 Kennels to be 15m from adjoining dwellings

and 900mm from any property

boundary

Individual greyhounds to be housed in separate kennels. Kennels to be secure and lockable Minimum kennel dimensions to be 1200 (w) x 1800 (h) x 1200 (d)∗ Muzzles must be fitted to each greyhound when in public and no more than 2 greyhounds to be walked by one individual

∗ See Greyhound and Harness Racing Regulatory Authority Guidelines for the Greyhound Industry


RURAL-RESIDENTIAL AREAS


Minimum Distance (from habitable structures & property boundaries)


Horses and cattle 1 per 0.5 ha 9m from dwellings

and 1m from any

property boundary

Must be securely fenced

Pigs 1 60 m from any dwelling or

property boundary

DPI guidelines suggest that rural-residential properties under 1.5 ha in area are not suitable for the keeping of pigs Pigs must not be released into the environment.

Pigeons 150 (members of recognised

aviculture society)

50 (non-

members)

Coops to be 9m from dwellings

and 1m from any

property boundary

Free lofting∗ is prohibited in rural-residential areas. Exercise periods to be restricted to the 2 hours immediately preceding sunset and following sunrise. Training of young birds to be conducted in a manner to avoid nuisance.

Poultry (domestic), guinea fowl and bantams Poultry other than fowls, including geese, turkeys peafowl and other pheasants

10 (and chicks

until fully fledged)

5

(and chicks until fully fledged)

4.5m from dwellings

and 1m from any

property boundary

30m from dwellings

and 1m from any

property boundary

Keeping of poultry must not create a nuisance or be dangerous or injurious to health. Poultry yard must at all times be kept clean and free from offensive odours. Council may insist on the keeping of domestic poultry or guinea fowl at a distance greater than 4.5m in a particular case. The keeping of roosters in rural-residential areas is not recommended. Noise issues relating to roosters will result in the removal of offending bird Poultry yards must be enclosed to prevent escape of poultry. The floors of poultry houses beneath roosts or perches must be constructed of impervious material (eg concrete or mineral asphalt) if constructed within 3m of a property boundary. This does not apply to poultry houses that are located at a distance greater than 15.2m from a dwelling, public hall or school. Where impervious material is not required the floor of the poultry house is to be covered with clean sand or other suitable material.

∗ Free lofting is defined as the uncontrolled release of pigeons


RURAL-RESIDENTIAL AREAS


Minimum Distance (from habitable structures & property boundaries)


Rabbits 2 (same gender)

Cages to be 900mm from any property

boundary

Must be domestic breed and kept in a cage. Cages may be portable to allow access to fresh feed, but must securely contain animal(s). Do not release into environment. The rabbit is a declared noxious animal under the Rural Lands Protection Act, 1989. However, two domestic breed same gender pet rabbits, securely housed, are permitted per rural-residential allotment. NOTE: Restriction on numbers is imposed by the NSW Dept. of Agriculture under the Rural Lands Protection Act, 1989. For more than one rabbit a permit must be obtained from the Rural Lands Protection Board.

Other rodents (rats, mice and guinea pigs)

Appropriate to location, species

and breed

Appropriate distance to

avoid nuisance and/or health

hazard.

Must be kept in appropriate, escape-proof cages which are kept odour free. These animals must not be released into the environment

Reptiles and amphibians

As appropriate to

circumstances

As appropriate to

circumstances.

All species must be adequately housed to prevent escape. The National Parks and Wildlife Act, 1974 and Fauna Protection Regulations place a general prohibition on the keeping of reptiles. Advice on the keeping of any reptile or amphibian should be sought from National Parks and Wildlife Service in ALL cases

Sheep and goats 1 of either per 0.5 ha of land

9m from dwellings

Enclosure must be securely fenced to avoid escape


Appendix 1 – Standards for the Keeping of Birds and Animals (Extract from Local Government (General) Regulation 2005)

Schedule 2

Part 5 Standards for keeping birds or animals Division 1 Keeping of swine 17 Swine not to pollute 1 Swine must not be kept in such a place or manner as to pollute any water supplied for use (or used,

or likely to be used): a by a person for drinking or domestic purposes, or b in a dairy.

2 Swine’s dung must not be deposited in such a place or manner as to pollute any water referred to in subclause (1).

18 Swine not to be kept near certain premises 1 Without limiting clause 1, swine must not be kept (and swine’s dung must not be deposited) within

60m (or such greater distance as the council may determine in a particular case) of a dwelling, shop, office, factory, church or other place of public worship, workshop, school or public place in a city, town, village or other urban part of an area.

2 A greater distance determined under this clause applies to a person only if the council has served an order under section 124 of the Act to that effect on the person.

Division 2 Keeping of poultry 19 Poultry not to be nuisance or health risk: 1 Poultry must not be kept under such conditions as to create a nuisance or to be dangerous or

injurious to health. 2 Poultry yards must at all times be kept clean and free from offensive odours. 20 Poultry not to be kept near certain premises 1 Fowls (that is, birds of the species Gallus gallus) or guinea fowls must not be kept within 4.5m (or

such greater distance as the council may determine in a particular case) of a dwelling, public hall, school or premises used for the manufacture, preparation, sale or storage of food.

2 Poultry (other than fowls referred to in subclause (1)) must not be kept within 30m of any building referred to in subclause (1).

3 The floors of poultry houses must be paved with concrete or mineral asphalt underneath the roosts or perches. However, this subclause does not apply to poultry houses: a that are not within 15.2m of a dwelling, public hall or school, or b that are situated on clean sand.

4 Poultry yards must be so enclosed as to prevent the escape of poultry. 5 The standards in this clause apply to a person only if the council has served an order under section

124 of the Act to that effect on the person.


Division 3 Keeping of horses and cattle 21 Horses and cattle not to be kept near certain premises: 1 Horses and cattle must not be kept within 9m (or such greater distance as the council may determine

in a particular case) of a dwelling, school shop, office, factory, workshop, church or other place of public worship, public hall or premises used for the manufacture, preparation or storage of food.

2 The floors of stables must be paved with concrete or mineral asphalt or other equally impervious material, and must be properly graded to drain.

3 Horse yards and cattle yards must be so enclosed as to prevent the escape of horses and cattle. 4 The standards in this clause apply to a person only if the council has served an order under section

124 of the Act to that effect on the person.


Appendix 2 – Code of Practice for keeping of birds This Code is designed for everyone involved in keeping, breeding, showing and trading birds (other than domestic poultry). By adhering to the code, people involved in this industry demonstrate to the general community their concern for birds in their care. The code is neither a complete manual of aviculture husbandry nor a static document. It may be revised to take account of advances in the understanding of bird physiology and behaviour, technological changes, changing industry standards, and the community’s attitudes and expectations about the welfare of birds. Compliance with the code does not remove the need to abide by the requirements of any other laws and regulations, such as local government or National Parks and Wildlife Service legislation. The code has been prepared by the Associated Birdkeepers of Australia (ABA), representing a large proportion of those in aviculture. It is not intended to apply to those premises licensed or approved under the Exhibited Animals Protection Act or by the Zoological Parks Board. 1.0 INTRODUCTION 1.1 This code recognises the following principles:

a a primary concern for the welfare of birds. b a realisation of the need for conservation. c a concern for others in aviculture. d compliance with legislative requirement.

1.2 The importance of care and competence in the handing and keeping of birds cannot be over-

emphasised. Appropriate expert advice and guidance should be sought whenever needed. 1.3 This code cannot replace the need for common sense and experience. 2.0 GENERAL REQUIREMENTS 2.1 The basic needs of aviary birds are: a ready access to proper and sufficient food and water adequate to maintain health and

vigour. b freedom of movement and ability to exercise or fly appropriate to the species. c accommodation which provides protection and which neither harms nor causes distress. d fresh air and exposure to suitable light. e protection from predators, toxic substances and diseases. f rapid identification and competent treatment of any injury, vice or disease. 3.0 FOOD & WATER 3.1 Adequate food suitable for the needs of the particular species of birds should be readily available.

Most species of birds should have access to food at all times. 3.2 Clean, cool water should be available at all times. It is totally unacceptable for birds to die from lack of food or water. 4.0 ACCOMMODATION 4.1 Each species should be accommodated according to its need, including: a protection from extremes of climate. b safety from predators. c ability to escape from, or to avoid distress caused by other birds animals, and humans.


d protection of food and water containers from contamination or firm rain or direct sunlight. e sufficient space, perches, nesting areas and/or feed and water station to meet the needs of

all the birds in the cage or aviary. f nesting sites and materials appropriate for the species for breeding purposes where

intended. 5.0 HEALTH & HYGIENE 5.1 Good animal husbandry, as for any animal species, is essential for the welfare of birds. 5.2 Newly acquired birds should be quarantined for a suitable time for treatment / observation before

release into aviaries or cages. 5.3 Birds show ill health or stress in a great variety of ways, but careful observation may be needed as

sick birds are able to suppress some signs when stimulated. 5.4 Sick or injured birds should be isolated to facilitate observation and treatment and to prevent

further damage and / or to restrict the spread of infection. 5.5 Cages and aviaries should be cleaned regularly; the floor and food and water containers in holding

cages should be kept clean. 5.6 Birds should be inspected regularly, preferably daily, to ensure that adequate feed and water is

available, to check on their state of health, and to identify and promptly remedy any problem that may develop. New, sick or young birds should be inspected more frequently.

5.7 Where treatment to restore health or to repair injury is not possible or is not successful, euthanasia

should be performed by a competent person and in an appropriate and humane manner. Veterinary advice should be sought.

6.0 PROCEDURES 6.1 Catching aviary birds usually causes them distress and some species are particularly susceptible. Birds should be caught by the least stressful method available and subjected to minimal handling. 6.2 Restraint Special care and knowledge is necessary in holding or restraining birds, and the most appropriate method should be used for each species. 6.3 Wings Pinioning of wings is an unacceptable practice and is defined as an act of cruelty. The clipping of wing feathers of small birds or nervous species is also unacceptable. 6.4 Rings The application of rings for identification purposes requires careful selection of the appropriate ring and its application. Some species, especially adult birds, should not be ringed because of the risk of self-mutilation. Special care is needed should a ring require removal. for example, to attend to a leg injury. 6.5 Beak Trimming Overgrown beaks should be carefully trimmed. Unless due to curable disease or a nutritional problem, birds with overgrown beaks should not be used for breeding.


6.6 Toe Trimming Excessively long nails should be trimmed without drawing blood, but toes should not be cut with the intent of preventing nail growth. Overgrown nails may be indicative of inadequate conditions, particularly in small cages. 7.0 PARASITE CONTROL 7.1 Worm control is necessary with most aviary birds. 7.2 Water or feed medication may be indicated in some circumstances, but is least efficient. 7.3 Individual dosing should be performed by competent operators. 7.4 Chemicals, eg insecticides, should be selected and used carefully and in accordance with

pesticide laws. For example, pest strips are ineffective except in enclosed areas. 8.0 BIRDS ON DISPLAY 8.1 Show and Exhibitions Show and Exhibitions should be conducted over as short a period as possible and not more than 72 hours. Public access should be controlled. Birds exhibiting signs of distress, injury or disease must be removed from the display area for appropriate attention or treatment. Birds on display must be under competent supervision at all times. Food and water must be available and birds accommodated in accordance with this code. Cage sizes must be not less than the show standards for the particular species. 8.2 Markets and Auctions These are stressful to birds and must be conducted over as short a period as possible and not more than 12 hours. Otherwise conditions as in 9.1 apply. This code has been endorsed by: • The NSW Animal Welfare Advisory Council • The NSW National Parks and Wildlife Service • NSW Agriculture • Pet Industry Joint Advisory Council Canary & Cage Bird Federation of Australia Inc


Appendix 3 – Code of Practice for the Keeping of Bees


Appendix 4 – Dictionary of Important Terms

Excerpt of Dictionary taken from Local Government Act 1993 adjoining, in relation to an area, means abutting or separated only by a public reserve, road, river, watercourse, or tidal or non-tidal water, or other like division. approval means an approval that is in force under this Act. area means an area as constituted under Division 1 of Part 1 of Chapter 9. building includes part of a building and any structure or part of a structure, but does not include a moveable dwelling or associated structure or part of a moveable dwelling or associated structure. catchment district means a district proclaimed to be a catchment district under section 128. council:

a means the council of an area, and includes an administrator, and b in Part 11 of Chapter 15, includes the Lord Howe Island Board constituted under the Lord Howe

Island Act 1953. dwelling in Division 1 of Part 8 of Chapter 15, means a building or part of a building used as a place of dwelling. local environmental plan has the same meaning as it has in the Environmental Planning and Assessment Act 1979. notice includes notification, order, direction and demand. occupier includes:

a a person having the charge, management or control of premises, and b in the case of a building which is let out in separate occupancies or a lodging house which is let out

to lodgers, the person receiving the rent payable by the tenants or lodgers, either on his or her own account or as the agent of another person, and, in the case of a vessel, means the master or other person in charge of the vessel.

owner:

a in relation to Crown land, means the Crown and includes: i a lessee of land from the Crown, and ii a person to whom the Crown has lawfully contracted to sell the land but in respect of which the

purchase price or other consideration for the sale has not been received by the Crown, and b in relation to land other than Crown land, includes:

i every person who jointly or severally, whether at law or in equity, is entitled to the land for any estate of freehold in possession, and

ii every such person who is entitled to receive, or is in receipt of, or if the land were let to a tenant would be entitled to receive, the rents and profits of the land, whether as beneficial owner, trustee, mortgagee in possession, or otherwise, and

iii in the case of land that is the subject of a strata scheme under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986, the owners corporation for that scheme constituted under the Strata Schemes Management Act 1996, and

iv in the case of land that is a community, precinct or neighbourhood parcel within the meaning of the Community Land Development Act 1989, the association for the parcel, and

v every person who by this Act is taken to be the owner, and c in relation to land subject to a mining lease under the Mining Act 1992, includes the holder of the

lease, and d in Part 2 of Chapter 7, in relation to a building, means the owner of the building or the owner of the

land on which the building is erected. premises means any of the following:

a a building of any description or any part of it and the appurtenances to it,


b land, whether built on or not, c a shed or other structure, d a tent, e a swimming pool, f a ship or vessel of any description (including a houseboat), g a van.

private land means land the fee-simple of which is not vested in the Crown, and land that the Crown has lawfully contracted to sell. public authority means a public authority constituted by or under an Act, a government department or a statutory body representing the Crown, and includes a person exercising any function on behalf of the authority, department or body and any person prescribed by the regulations to be a public authority. public land means any land (including a public reserve) vested in or under the control of the council, but does not include:

a a public road, or b land to which the Crown Lands Act 1989 applies, or c a common, or d land subject to the Trustees of Schools of Arts Enabling Act 1902, or e a regional park under the National Parks and Wildlife Act 1974.

public officer of a council means the public officer appointed under Chapter 11 for that council. public place means:

a a public reserve, public bathing reserve, public baths or public swimming pool, or b a public road, public bridge, public wharf or public road-ferry, or c a Crown reserve comprising land reserved for future public requirements, or d public land or Crown land that is not:

i a Crown reserve (other than a Crown reserve that is a public place because of paragraph (a), (b) or (c)), or

ii a common, or iii land subject to the Trustees of Schools of Arts Enabling Act 1902, or iv land that has been sold or leased or lawfully contracted to be sold or leased, or

e land that is declared by the regulations to be a public place for the purposes of this definition. public reserve means:

a a public park, or b any land conveyed or transferred to the council under section 340A of the Local Government Act

1919, or c any land dedicated or taken to be dedicated as a public reserve under section 340C or 340D of the

Local Government Act 1919, or d any land dedicated or taken to be dedicated under section 49 or 50, or e any land vested in the council, and declared to be a public reserve, under section 37AAA of the

Crown Lands Consolidation Act 1913, or f any land vested in the council, and declared to be a public reserve, under section 76 of the Crown

Lands Act 1989, or g a Crown reserve that is dedicated or reserved:

i for public recreation or for a public cemetery, or ii for a purpose that is declared to be a purpose that falls within the scope of this definition by

means of an order published in the Gazette by the Minister administering the Crown Lands Act 1989,

being a Crown reserve in respect of which a council has been appointed as manager of a reserve trust for the reserve or for which no reserve trust has been established, or

h land declared to be a public reserve and placed under the control of a council under section 52 of the State Roads Act 1986, or i land dedicated as a public reserve and placed under the control of a council under section 159

of the Roads Act 1993, and includes a public reserve of which a council has the control under section 344 of the Local Government Act 1919 or section 48, but does not include a common.


rural land, in Division 2 of Part 8 of Chapter 15, means:

a a parcel of rateable land which is valued as one assessment and exceeds 8,000 squarem in area and which is wholly or mainly used for the time being by the occupier for carrying on one or more of the businesses or industries of grazing, animal feedlots, dairying, pig-farming, poultry farming, viticulture, orcharding, bee-keeping, horticulture, vegetable growing, the growing of crops of any kind or forestry, or

b an area which is wholly or mainly used for aquaculture within the meaning of the Fisheries Management Act 1994.

rural-residential land means land that:

a is the site of a dwelling, and b is not less than 2 hectares and not more than 40 hectares in area, and c is either:

i not zoned or otherwise designated for use under an environmental planning instrument, or ii zoned or otherwise designated for use under such an instrument for non-urban purposes, and

d does not have a significant and substantial commercial purpose or character.

waste means: a effluent, being any matter or thing, whether solid or liquid or a combination of solids and liquids,

which is of a kind that may be removed from a human waste storage facility, sullage pit or grease trap, or from any holding tank or other container forming part of or used in connection with a human waste storage facility, sullage pit or grease trap, or

b trade waste, being any matter or thing, whether solid, gaseous or liquid or a combination of solids, gases and liquids (or any of them), which is of a kind that comprises refuse from any industrial, chemical, trade or business process or operation, including any building or demolition work, or

c garbage, being all refuse other than trade waste and effluent, and includes any other substance defined as waste for the purposes of the Protection of the Environment Operations Act 1997, and a substance is not precluded from being waste merely because it is capable of being refined or recycled.

local approvals policy keeping of animals€¦ · the keeping of animals for commercial purposes...

Documents