Complying with relevant legislation

Transcription

1 Learning topic: Deal with customers Complying with relevant legislation The difference between legal and ethical issues There are a number of legal and ethical issues related to the animal/pet industry. Firstly, the difference between legal and ethical should probably be reiterated. Legal issues Legal issues are those arising from a piece of legislation this may be in the form of an Act of Parliament (a statute, either federal or state), a Regulation, a code of practice, by-laws or Ordinances. All these pieces of legislation have legal standing, which means that any breach of them may result in action by the relevant authorities given power under the legislation. Breaches may attract penalties the penalties will vary depending on the legislation but may include fines, imprisonment or loss of ability to deal in/with live animals. Ethical issues Ethical issues are harder to define. A system of ethics has to do with the sense of 'right and wrong' and is rarely stated outright in legislation. Some organisations will attempt to codify or formalise a system of ethics for the instruction and guidance of their members. An example of this would be the Australian Veterinary Association's Code of Ethics. Although this Code doesn't have legal backing as it is not a piece of legislation, it does state in black and white what the representative body and its members expect as minimum standards of professional behaviour. What is legal and what is ethical often coincides, particularly if the legislation has been designed with ethical considerations as part of its underpinning principles. However, this is not always the case. An example of the differences between ethical and legal behaviour is the following. If a millionaire uses the tax laws to his advantage and manages to pay only $20 tax on $30 million yearly income, then this is legal. However, most people would argue that this type of behaviour is unethical the person is obviously seeking to avoid their social and financial responsibilities to the 1

2 rest of the community. Although this person is obeying the letter of the law, they are subverting the spirit of the law, which is to ensure that everybody makes a fair and just contribution to society based on their income. Similar situations will arise in all aspects of commercial and often personal life. It is usually simple to understand what is legal and illegal, but often not so simple to appreciate what is ethical and what is not. Legal issues There are a number of pieces of legislation that affect the animal industry. The list below contains the main ones and describes their impact. Fisheries Management Act 1994 Section 217 regulates the importation of non-indigenous fish into NSW. 'Non-indigenous' in this context includes any fish that are not normally found in NSW, not just fish from overseas. Anybody importing these fish into NSW must do so under a permit issued by the Fisheries Department. Wildlife Protection Act 1982 This is a Commonwealth Act. Schedule 6 of this act provides a list of species that it are permitted for import. If an importer wishes to import species that are not on the list, they must contact Environment Australia and have the species assessed. National Parks and Wildlife Act, 1974 The NSW National Parks and Wildlife Service (NPWS) manages licensing systems to try and regulate the keeping, buying and selling of certain birds, reptiles, amphibians and mammals by keepers and pet shops. Quarantine Act 1908 Various sections deal with the import and subsequent quarantine of animals, including fish. Section 52 appears to be the main one impacting on commercial aquariums. Prevention of Cruelty to Animals Act 1979 The overall aim of this Act is to provide protection to animals from cruelty and to ensure that they receive adequate and appropriate care. The Act includes fish as well as animals. Animals Act 1977 This is a NSW Act. Although the definition of animal appears to include fish, the Act is really designed to allocate liability for destruction caused by animals. Because of this, it is difficult to believe that there would be any impact relating to fish. Local government by-laws: These will vary depending on the local government but are rarely likely to impact directly on the keeping of 2

3 Learning topic: Deal with customers fish. One possible area where they might have an impact is with regard to the disposal of biological waste- this would include dead fish. Non-indigenous animals act 1987 This is a state Act that aims to control non-indigenous species, apart from normal domestic pets. Interestingly, its definition of animal does not include fish. The Code of practice for the keeping of animals in pet shops This Code of practice has been developed by the Animal Welfare Section of the Department of Agriculture in conjunction with the Pet Industry Joint Advisory Council (PIJAC) and is endorsed by the NSW Animal Welfare Advisory Council (AWAC). It specifically includes fish and has a separate section dealing with fish. The Code of Practice 3

4 The Code of practice has several general sections followed by specific sections for different species of animals. The general sections deal with the following: the responsibilities of the manager of the pet shop animal housing, including such items as construction, temperature, lighting, noise, ventilation and security hygiene, including cleaning and disinfection, pest control and waste disposal management, including responsibilities for the care of the animals, record keeping and staff health care, including routine and regular health checks, veterinary care, euthanasia as well as food and water requirements after sale care, including warranty policy and written information being provided for the clients about caring for the species involved transport, including minimising stress and the use of appropriate containers. The full contents of the Code of Practice can be viewed at Ethical issues There are a number of potential ethical issues arising from purchasing, maintaining and selling animals. Below are a few scenarios that might give rise to ethical issues. If a supplier is unable to provide appropriate documentation regarding licensing but still has high quality product, do you still buy from the supplier? This is probably illegal as well as unethical. Consider a situation where a supplier is providing wild caught fish using practices which are perfectly legal in the country of supply. However, you know that the methods used are harmful to the environment and are depleting the wild populations of that species. Do you continue using this supplier knowing how the stock is acquired? Or do you try to obtain captive-bred fish of the same species? Or not stock that species at all? If you have a sick animal, but the illness is not apparent to the consumer, do you still sell the animal? 4

5 Learning topic: Deal with customers An inexperienced customer decides they want to purchase a delicate and very expensive animal. Do you sell them the animal, warn them as to how delicate and touchy it is, or do you refuse to sell them the animal outright as you know it will probably die due to their lack of experience/inadequate facilities? If a supplier is deliberately supplying only one sex of a species in an attempt to limit the number of that species available to market, do you continue to use the supplier? A customer wants to buy plants that are unsuitable for their tank. Do you allow them to buy the plants or advise them of a better option? Do you sell the customer whatever species they ask for or do you assess compatibility with other species housed in their tank? Undoubtedly, you will come up with many different ethical questions of your own. The longer you work in the industry, the more you will understand that although the legal side of the industry is complex, the ethical side can be even more so. Licences to keep animals To keep some animals, such as invertebrates, reptiles, amphibians and some species of birds, you require a licence. There are age restrictions with regard to licensing. For example, in NSW individuals under the age of 18 years of age are unable to purchase a scorpion or a tarantula spider. There are two websites that you can research about obtaining licences. I would advise that you get your information from a government source rather than anywhere on the Internet as their information may not be up-to-date regarding regulations. Reasons for restrictions threatened or endangered animals legal and illegal wildlife trade safety issues, eg the release or escape of pets that may reproduce in the wild and have an impact on our native wildlife exotic animals that have specific needs. 5

6 Welfare With any animal that we have in our care, it is our responsibility to provide for the animal: the right environment nutrition any other needs. It is important to examine the reasons why you would like the particular animal as a pet. When setting up a home for the animal you wish to house, research as much information as possible before you bring the animal home and have their environment set up ready to go. As well as having the correct diet to feed your new pet, you ll also need to make sure that their environment is suitable or else they will be stressed. Safety Safety can be of concern for both you and your new pet due to anything unexpected that may happen. For an example, you may get nipped by your scorpion and then you drop the scorpion. When handling these types of animals, you should wear protective gloves and maybe even goggles to prevent any injuries happening to you or you pet. Having a safe environment for you and your pet can be very important in preventing any injuries. Keeping Australian native birds Each state in Australia has its own set of legislation covering the keeping of Australian native birds. If you are keeping birds, it is important to know that all native birds are protected in NSW under the National Parks and Wildlife Act, Illegal killing and trapping has contributed to the decline of many native Australian bird species, so the NSW National Parks and Wildlife Service (NPWS) manages licensing systems to try and regulate the keeping, buying and selling of these birds by bird keepers and pet shops. Click on the links below for the state you are interested in. State/Territory Tasmania New South Wales Australian Capital Territory Western Australia Link

7 Learning topic: Deal with customers Victorian government South Australian Government Northern Territory Queensland There are three categories of birds in NSW, Australia and the licensing requirements for each is different. Read on to find out more. Protected natives All Australian native birds are protected by law this means that they cannot be trapped from the wild. You are allowed to keep19 native Australian birds (other than the 42 exempt species listed below) before you need a licence, but without a licence the only place you are legally allowed to obtain these birds from is a licensed fauna dealer (usually a pet shop). If, for any reason, you have more than 19 protected native birds in captivity, other than the 42 exempt species, or if you wish to sell a protected bird, you must get an Aviary Registration Certificate (ARC) from the NPWS. Exempt natives (protected) Due to the abundance of these species and the ease with which they are bred in captivity, there are 42 natives that you can keep, buy or sell without a licence. However you STILL CANNOT obtain these birds from the wild as they are natives and therefore protected. brown quail, king quail, stubble quail, little button quail, painted button-quail bar-shouldered dove, diamond dove, emerald dove, peaceful dove, common bronzewing, crested pigeon budgie, cockatiel little long-billed corella, western corella sulphur crested cockatoo, galah red-collared lorikeet, scaly-breasted lorikeet, musk lorikeet, Port Lincoln parrot, twenty-eight parrot, hooded parrot, red-rumped parrot, princess parrot, Bourke s Parrot, elegant parrot, scarletchested parrot, Adelaide roella, eastern rosella, pale-headed rosella, yellow rosella, western rosella blue-faced parrot-finch, chestnut-breasted mannikin, Gouldian finch, long-tailed finch, masked finch, painted finch, star finch and zebra finch. 7

8 Non-natives (unprotected) There are no regulations governing non-natives ie you can keep as many as you like of any of the species and you do not have to be licensed by the NPWS to hold any species that are not native to Australia, such as Indian ringneck parrots. This means that you can purchase any of these birds from pet shops or breeders without the bother of paperwork or license fees. However, you cannot import these birds without undergoing strict importation and quarantine requirements. Trapping birds from the wild It is illegal to trap ANY native Australian birds as they are ALL PROTECTED! The maximum penalty for trapping a protected bird is a fine of $220,000 (ouch!) and/or a two-year gaol sentence. The only birds you may legally trap in the wild are non-native, introduced species. Some of these are well established in the wild, including the mallard duck, spotted turtledove, domestic pigeon, red-whiskered bulbul, European Goldfinch, European Greenfinch, nutmeg mannikin (spice finch), house sparrow, tree sparrow, common starling, common (European) blackbird and common (or Indian) myna. It is an offence to release an introduced bird from captivity. Proving legal possession It is up to you to prove that any protected birds that you have in your possession were obtained legally. If they were bred in captivity, you must be able to prove that their ancestors were legally obtained. If you possess the progeny of birds that were illegally obtained, then they too are considered illegal and you may be required to surrender them to the NPWS. You are allowed to keep 19 birds before you need a licence but, without a licence, the only place you are legally allowed to obtain these birds from is from a licensed fauna dealer, usually a pet shop. The licence is called an Aviary Registration Certificate (ARC) and they are easy to obtain from the NPWS in your area. However, once registered, you still cannot buy from an unregistered breeder. Once registered, you can buy and sell but you have to keep a record book documenting all births, deaths, sales and purchases. 8

9 Learning topic: Deal with customers This record book is called the fauna record book and it is given to you by the NPWS when you pay for your ARC. This book must be kept up-to-date and accurate and must be exchanged for a new one each year. Details of the birds you have bred, bought or disposed of will be entered from your record book in to a computer database so that the information can be crosschecked against the records of other licence and certificate holders. An NPWS officer should be able to inspect your aviary at any time and all the birds in it are to be accounted for in the record book. If you do not hold an ARC, you should still keep a book in which you note the source of all new birds. This may help you to prove legal ownership of each bird and may be useful in any breeding program. Always get a receipt for any protected birds you buy to prove they were not obtained illegally from the wild. If unregistered, you are not allowed to sell or give away protected birds to anyone else, except for the 42 exempt species. Buying and selling birds Buying: When obtaining a bird from any source, you should ask for a receipt and, if you get it from a pet shop or licensed dealer, you should make sure that you get an official NPWS Notice of sale receipt. These receipts are proof that you obtained each bird legally. If the seller does not want to give you a receipt, do not buy the bird as it may have been obtained illegally from the wild or been stolen and you will be liable for the fine! If you do not hold an ARC from the NPWS, you may buy birds only from a bird dealer, usually a pet shop, licensed by the NPWS. If you have an ARC, you may buy from anyone else with such a Certificate or from a licensed bird dealer, but still not from a person who does not have a licence or a Certificate. Selling: Any protected bird that is offered for sale must have been legally obtained. If you want to sell or dispose of protected birds except for the 42 exempt species you must have an ARC. Without this certificate, you cannot sell them. Once you have the ARC, you can sell or dispose of protected birds to a licensed bird dealer, usually a pet shop, or to any other person with an ARC. You are not allowed to sell to anyone else unless the NPWS gives you written permission. This allows the NPWS to keep track of where the birds are. Licensed bird dealers must display a copy of their NPWS licence in their premises. If they sell or dispose of a protected bird, they must give an 9

10 official NPWS Notice of sale receipt to the person receiving the bird so that they can prove they obtained the bird legally. Interstate trade: You may obtain protected birds from other states or territories in Australia or sell them interstate only if: you hold a current Aviary Registration Certificate, and you receive permission in writing from the Director-General of the NPWS and from the wildlife authority in the other state or territory ie you need to obtain an export and import licence for each bird. Sick and injured birds In many areas, sick or injured native birds are cared for by volunteer wildlife rehabilitation groups that have a licence that enables their carers to keep and rehabilitate native species. If you find an injured or sick bird, you should contact the local group through the NPWS office or the local veterinarian. The NPWS will generally not allow untrained people to care for these birds, which must be returned to the wild when they can again fend for themselves. Keeping fish The legislations mentioned at the start of this topic impacts on the keeping of fish as well. In addition, the Code of Practice has a separate section dealing with fish. The Code of Practice The Code of Practice is very hard to police and enforce, so compliance is really reliant on the ethical behaviour of pet shop/aquarium proprietors such as meeting the prescribed provisions relating to water changes and chemistry checks. The section lists the special requirements for fish, specifically: Fish tanks should be protected from environmental extremes. Water changes should be adequate to maintain good water quality in relation to population density; replacing 25% of the water in aquarium per fortnight is the normal minimum requirement. Fish must be fed as often as required with appropriate food according to species requirements. 10

11 Learning topic: Deal with customers Fish showing signs of illness should be attended to immediately and, where necessary, separated from other fish to prevent the spread of disease or molestation by healthy fish. All fish nets should be disinfected daily. Tank lids should be fitted and kept in place to prevent the escape of fish. Water chemistry should be checked regularly and appropriate measures taken to correct any imbalance. All electrical equipment, such as lights and thermostats, should be regularly checked for correct performance. Filtration equipment should be adequate for the species and population densities, and effective at all times. Keeping frogs You need a licence from the NSW National Parks and Wildlife Service. There are three categories of licence, depending on how hard the frog is to keep in captivity and whether it is an endangered species. People with a licence can only obtain frogs from other licensed keepers and only in the class for which they are licensed to hold or sell. No frogs are exempt from the classification which means it is an offence to take ANY frogs from the wild, except for tadpoles which can be collected and kept by children, and institutions until they metamorphose. Then they must be returned to the area where they were obtained. All these licences MUST be obtained from the National Parks and Wildlife Service BEFORE obtaining the frogs. When you apply for your licence, you will receive a log book to keep records of your animals, and information sheets on where to get advice or how to look after your pet. Classes of license to keep frogs Class one licence The frogs in this category are common and are relatively easy to keep in captivity by anyone with basic knowledge. The licence is valid for two years and can be obtained by anyone over the age of ten years. The fee is $ Examples of species in this category are the green tree frog, water holding frog, short footed frog and the New Holland Frog. Class two licence People with a class two licence can keep the frogs in 11

12 this category and all class one frogs. They must be over 18 years old and have kept class one frogs for a minimum of two years. This is to make sure they have the knowledge with which to keep this more difficult species. These licences are yearly and the fee is $ Records must be submitted every year in August. Examples of species in this category are knife footed frog, magnificent tree frog, orange thighed frog and smooth frog. Class three licence This licence allows the keeping of class one, two and three frogs. This category covers rarer and more difficult to keep species. The person has to be over 18 and have had at least two years experience of keeping frogs. The NPWS must be notified in writing from both parties of all transactions within ten days of the event. Licences are yearly and cost $ Records have to be submitted to the NPWS each August. Examples are the green and golden bell frog, rough frog, green thighed frog and the Tasmanian Tree Frog. For further information, please contact the NSW National Parks and Wildlife Service or the FATS Group Frogwatch Helpline on (02) or (02) At the NSW national Parks and Wildlife Service website, click on Licences and businesses and then select Animal and Plant license. You can download licenses for a variety of Australian native animals. 12