Australian Meat and Live-stock Industry (Export of Cattle) Amendment Order 1999 (No. LC1/99)
I, GEOFFREY CHARLES GORRIE, Acting Secretary to the Department of Agriculture, Fisheries and Forestry, make this order under section 17 of the Australian Meat and Live-stock Industry Act 1997.
Dated this 24th day of November 1999.
GEOFFREY CHARLES GORRIE
Acting Secretary to the Department of Agriculture, Fisheries and Forestry
Australian Meat and Live-stock Industry (Export of Cattle) Amendment Order 1999 (No. LC1/99)1
made under the
Australian Meat and Live-stock Industry Act 1997
Contents
Page
1 Name of Order 2
2 Commencement 2
3 Amendment of Order No LC2/98 3
Schedule 1 Amendment of Order No. LC2/98 3
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1 Name of order
This order is the Australian Meat and Live-stock Industry (Export of Cattle) Amendment Order 1999 (No. LC1/99).
2 Commencement
This order commences on gazettal.
3 Amendment of Australian Meat and Live-stock Industry (Export of Cattle) Orders 1998
Schedule 1 amends the Australian Meat and Live-stock Industry (Export of Cattle) Orders 1998 (No. LC2/98).
Schedule 1 Amendments
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(section 3)
[1] Clause 3, definitions of animal house, AQIS, AQIS certifying officer, competent stock attendant, LEAP, LIVECORP, master, maximum number of cattle, parallel and pen area available
omit
[2] Section 4
substitute
4 Export during northern summer of cattle from Australian ports south of 26th parallel
(1) This clause applies to the export of cattle by a licensee:
(a) from a port in Australia south of 26 south latitude (except export to South East Asia or Japan); and
(b) during May, June, July, August, September or October.
(2) The licensee must not export cattle:
(a) intended for slaughter; and
(b) for an individual animal — over 500 kg live weight when it is loaded.
(3) The licensee must not, without the written consent of the Secretary, export cattle:
(a) intended for breeding; and
(b) for an individual animal — over 500 kg live weight when it is loaded.
(4) The licensee must not, without the written consent of the Secretary, export cattle;
(a) intended for breeding or slaughter, and
(b) for an individual animal — under 150 kg live weight when it is loaded.
(5) When deciding whether to approve the export of breeding cattle under subclause (3) or (4) the Secretary must give priority to the welfare of the cattle.
(6) For each consignment of cattle, the average floor area per animal (excluding spare pens) in an area of the ship where animals are housed must be at least the amount worked out under the following table.
Average weight per head of cattle (kg)
Minimum floor area per head (m2)
Average weight per head of cattle (kg)
Minimum floor area per head (m2)
150–200
0.847
280
1.146
205
0.866
285
1.165
210
0.884
290
1.184
215
0.903
295
1.203
220
0.922
300
1.221
225
0.941
305
1.240
230
0.959
310
1.258
235
0.978
315
1.277
240
0.997
320
1.296
245
1.016
325
1.315
250
1.034
330
1.333
255
1.053
335
1.352
260
1.071
340
1.371
265
1.090
345
1.390
270
1.109
350
1.408
275
1.128
355
1.427
Average weight per head of cattle (kg)
Minimum floor area per head (m2)
Average weight per head of cattle (kg)
Minimum floor area per head (m2)
360
1.445
435
1.805
365
1.464
440
1.824
370
1.483
445
1.844
375
1.502
450
1.863
380
1.520
455
1.883
385
1.539
460
1.902
390
1.558
465
1.922
395
1.613
470
1.941
400
1.668
475
1.961
405
1.688
480
1.980
410
1.707
485
2.000
415
1.727
490
2.019
420
1.746
495
2.039
425
1.766
500
2.059
430
1.785
(7) If the average weight per head of cattle is not a weight mentioned in the table, the minimum floor area per head is the area mentioned for an average weight rounded up to the nearest 5 kg.
(8) Breeding cattle of over 500 kg live weight must:
(a) be penned separately from other cattle; and
(b) each have a minimum pen area of 2.059 m2 plus 0.02 m2 for each 5 kg over 500 kg.
(9) Slaughter or breeding cattle under 150 kg live weight must be penned separately from other cattle.
5 Export during northern winter of cattle from Australian ports south of 26th parallel
(1) This clause applies to the export of cattle by a licensee:
(a) from a port in Australia south of 26 south latitude (except export to South East Asia or Japan); and
(b) during November, December, January, February, March or April.
(2) The licensee must not export cattle:
(a) intended for slaughter; and
(b) for an individual animal — over 550 kg live weight when it is loaded.
(3) The licensee must not, without the written consent of the Secretary, export cattle:
(a) intended for breeding; and
(b) for an individual animal — over 550 kg live weight when it is loaded.
(4) The licensee must not, without the written consent of the Secretary, export cattle:
(a) intended for breeding or slaughter, and
(b) for an individual animal — under 150 kg live weight when it is loaded.
(5) When deciding whether to approve the export of cattle under subclause (3) or (4), the Secretary must give priority to the welfare of the cattle.
(6) For each consignment of cattle, the average floor area per animal (excluding spare pens) in an area of the ship where animals are housed must be at least the amount worked out under the following table.
Average weight per head of cattle (kg)
Minimum floor area per head (m2)
Average weight per head of cattle (kg)
Minimum floor area per head (m2)
150-200
0.770
305
1.127
205
0.787
310
1.144
210
0.804
315
1.161
215
0.821
320
1.178
220
0.838
325
1.195
225
0.855
330
1.212
230
0.872
335
1.229
235
0.889
340
1.246
240
0.906
345
1.263
245
0.923
350
1.280
250
0.940
355
1.297
255
0.957
360
1.314
260
0.974
365
1.331
265
0.991
370
1.348
270
1.008
375
1.365
275
1.025
380
1.382
280
1.042
385
1.399
285
1.059
390
1.416
290
1.076
395
1.433
295
1.093
400
1.450
300
1.110
405
1.467
Average weight per head of cattle (kg)
Minimum floor area per head (m2)
Average weight per head of cattle (kg)
Minimum floor area per head (m2)
410
1.484
485
1.775
415
1.501
490
1.827
420
1.518
495
1.880
425
1.535
500
1.932
430
1.552
505
1.984
435
1.569
510
2.035
440
1.586
515
2.086
445
1.603
520
2.137
450
1.620
525
2.157
455
1.637
530
2.176
460
1.654
535
2.196
465
1.671
540
2.215
470
1.688
545
2.235
475
1.705
550
2.255
480
1.722
(7) If the average weight per head of cattle is not a weight mentioned in the table, the minimum floor area per head is the area mentioned for an average weight rounded up to the nearest 5 kg.
(8) Slaughter or breeding cattle of over 500 kg live weight must be penned separately from other cattle.
(9) Breeding cattle of over 550 kg live weight must each have a minimum pen area of 2.255 m2 plus 0.02 m2 for each 5 kg over 550 kg.
(10) Slaughter or breeding cattle under 150 kg live weight must be penned separately from other cattle.
6 Reconsideration and review of certain decisions
(1) If the Secretary refuses to consent to the export of cattle mentioned in subclause 4 (3), 4 (4), 5 (3) or 5 (4), the licensee who sought the consent may ask the Secretary to reconsider the decision.
(2) A request for reconsideration must:
(a) be in writing; and
(b) set out the reasons why the Secretary should reconsider the decision; and
(c) be given to the Secretary within 14 days after the licensee is told in writing of the decision.
(3) After reconsidering a decision, the Secretary must either:
(a) confirm the original decision; or
(b) substitute another decision for it.
(4) If the Secretary does not tell the licensee in writing of the result of the reconsideration within 21 days of receiving the request, the Secretary is taken to have confirmed the original decision.
(5) If the Secretary decides to substitute another decision for the original decision, the later decision replaces the original decision for all purposes.
(6) The licensee may apply to the Administrative Appeals Tribunal for review of the Secretary’s decision on reconsideration.
Note
1. Made by the Acting Secretary to the Department of Agriculture, Fisheries and Forestry on 24th November 1999. .