With so many changes Australia wide with the keeping and breeding of domestic animals it can be a daunting task to keep up. The consultation that takes place when changes are being proposed is also one of those things that is done in a way that ticks a box but the stakeholder’s responses are not always considered and the governments will make the changes the way they want. We know that Australia is fast becoming an Animal Rights Country but Victoria is certainly leading the race in AR agendas at this point. Victorian breeders had to fight the proposals put forward in the Domestic Animals Acts (DAA) Amendments, which brought about a Parliamentary Inquiry which concluded that most of the changes were unnecessary and would not in the end make any difference from a welfare point of view, and instead would send these people underground.
We saw the inclusion of the Pet Exchange register where breeders and sellers of dogs and cats are to be registered before selling their puppies or re-homing older dogs, but it is fast becoming apparent that the only ones registered are the breeders and shelters that were already reporting, the ones already visible to the government, while the ones they set out to ‘target’ continue doing everything as they were. To make the situation even more complicated the government decided they were going to re-define their land use terms, when the consultation paper was released around animals it was based around pigs no mention of domestic animals. The simple explanation of what we are now faced with is that if you are breeder that owns more than 2 ‘animals’ you must apply for a planning permit for a change of land use, but this is capped at 5 ‘animals’ on a residential property. Previously it was stated as 5 dogs, so if you, for example own a house and have 5 dogs and 2 cats you are above your ‘animal’ numbers.
To make matters worse the definitions also mention birds as a domestic animal. The issues come firstly for those who had excess permits before the changes that allowed them to own 5 dogs + other animals (for example). The other confusing point is that if you are not breeding you can own 5 animals without a planning permit but once you are breeding the magic number is 2.
The requirements for a change of land use do not appear any different to the requirements under an excess animal permit except for the $3000 price tag and the need to include the Planning department not just the Animal Management department of a council. Over the last few months, we have been informed of councils that have made suggestions to breeders that they euthanise old animals to bring their numbers down to 2, that they sell their loved dogs and have also been informed that they are not to offer their dogs for stud service or face fines. How are 2 animals enough to maintain genetic diversity? How is it that we can change things without any real consultation? How come breeders are seen as the bad people in this story? The interesting thing is that while writing this article I was researching so that I could refer to appropriate amendments of the definitions and for the changing of ‘production animals’ to include companion animals, but there is no mention of these changes in the government’s own amendments listing. So I have to ask, where has the consultation taken place for these changes?
These draconian laws are going to see a decrease in animal welfare as breeders are forced to either walk away from their dogs or face losing them in the long run.
Animal Care Australia sent correspondence to the Victorian Planning Minister in 2020, receiving the response “that this doesn’t sit with the Minister’s department” and referred us to Animal Welfare Victoria (AWV). Following that referral AWV’s response is quite the opposite – pointing ACA back to the Planning Minister. The changes in the DAA were flagged as a win for breeders with registered organisations as they were told they could own 10 ‘fertile females’ without becoming a Domestic Animal Business but now it looks like the goal posts have changed and again without proper consultation.
By: Kylie Gilbert – Animal Care Australia Dog Representative – Originally published: March 2021 ACE Newsletter.
