Bird club representatives attended a productive consultation meeting with Ministerial Adviser Jadon Mintern and senior DEDJTR officials in the offices of the Victorian Minister for Agriculture at 1:30pm on 15/6/2017. The following bird group representatives attended - Samuel Davis (CCBFA) via Video Link, Ron Hicks and Dean Rowlands (Victorian Avicultural Council), Colin Flannagan, James Smith and Martin Paoli (Budgerigar Council of Victoria), David White (National Finch and Softbill Association), apologies were received from Charles Hider (Victorian Pigeon Racing Federations).
The business of the meeting centred on assessing the government’s proposed Domestic Animals Act 1994 amendment to permanently exempt trading of birds by recognised bird clubs from Section 96. If you recall the current Section 96 makes it illegal to sell birds outside of pet shops or private residences. This amendment aims to ensure bird clubs can continue sales and other trading events into the future. The proposal is in principle similar to the amendment bird clubs first put to the Minister on 26/10/2016 (reproduced below) with two significant differences.
1. Bird clubs register as a declared bird organisation – a one off process. This may be done by individual clubs or on their behalf by representative bodies.
2. Notification of sale events is direct to the department (DEDJTR) rather than relevant council. Notification is a simple list of club events where birds may be traded – sales, shows, meetings. Amendment put to Minister 26/10/2016 INSERT the following into section 96 of the Domestic Animals Act 1994— "(ac) unless the sale is organised by an incorporated association whose purpose includes the welfare of the animals to be sold and the relevant council has been notified of date/time and location of the sale at least 14 days prior; or".
All parties agree there will be no animal sale permits required for bird clubs, no approval process and no additional regulation of events by government. Both the original and proposed amendment prevent the sale of animals at “car boot” style sales whilst allowing bird clubs to operate as they have done for hundreds of years, solving the Minister’s concern regarding the original intent of Section 96. Final detail of the proposed amendment and its implementation is still to be negotiated and finalised. All parties have committed to ongoing consultation.
Report Written by Sam Davis, Vice President - Canary and Caged Bird Federation of Australia Inc. (CCBFA)
The Goulburn Valley Branch A.S.A held their Bird Expo last Sunday 21st May, in Shepparton. The Expo consisted of 102 tables operated by 80 sellers, as well as 18 commercial sites including a very busy seed seller. There was good buyer numbers in attendance, conservatively estimating at around 800 people enjoying the event. Education of sellers continued and although not perfect, all took the information provided on-board. The standard of set-ups continues to improve with many taking a lead for the best operators; sellers are beginning to realise the better their birds and boxes look, the more likely they are to sell the birds on offer. As with all sales, Australia wide, clearance rates were down on previous years but everyone appeared to leave satisfied with their day.
Can you believe 4 Bird Expo's have been and gone already?? Did you go to a sale? Did you get the birds you were searching for? There isn't too many for the year, so make sure you don't miss out on the last half of the season.
Western District Branch ASA - Sunday 4th June
Mildura & District Bird Club - Sunday 11th June
Ararat Branch ASA - Sunday 18th June
Latrobe Valley Avicultural Club - Sunday 2nd July
Centre West Branch ASA - Saturday 8th July
Gippsland Caged Birds - Sunday 23rd July
Ballarat Branch ASA - 5th August
We are only a few short weeks away from the first bird expo,
Gippsland Branch ASA - Sunday 23rd April
Swan Hill Branch ASA - Sunday 23rd April
Avicultural Society Australia - Sunday 7th May
Bendigo Branch ASA - Saturday 13th May
Goulburn Valley Branch ASA - Sunday 21st May
Mornington Peninsula Avicultural Society - Sunday 28th May
For all details of these sales and all others being held this year, check them out HERE
We are so excited to announce that today the Exemption was Granted. This means Non-Native birds will be able to be sold at all Victorian Bird Expo's throughout the 2017 season.
For a copy of the Exemption please click the link below.
David White, Secretary of the Mornington Peninsula Avicultural Society has given a great update on the current situation with the sales. Thanks for your contribution David
Regarding where we stand with the selling of birds at bird sales/expo's at the moment:
1. Licensed birds:
The VAC has received the Amnesty for wildlife holders to sell licensed wildlife at VAC approved sales this year (as has been happening each year) together with authority for those people to remove their record book and the wildlife from the registered premises.
2. Non-licensed native birds:
Following requests by the VAC to DELWP for clarification regarding the selling of non-licensed native species, DELWP have advised the VAC that Wildlife Regulations 2013 (the regulations) already provide appropriate exemptions.
Therefore there is no issue in selling licensed or unlicensed native birds at our sales.
3. Exotic species:
Many of you will have heard rumours about what has and hasn't been approved regarding exotics.
The facts are that the legislation has NOT been changed. Following the meeting held with Minister Pulford, the VAC & the C&CBFA (Canary & Cage Bird Federation of Australia) have been in constant contact with the department advisors regarding a request for an EXEMPTION from S96 of the Domestic Animals Act in the mean time.
On the 1st of March, a DRAFT of the proposed exemption was forwarded to the relevant groups, including MPAS, for comment. One error (the wrong VAC code of practice for bird sales was attached to the exemption) was identified and this was quickly rectified. The following was received by our club late Friday from the C&CBFA:
The detail of the exemption has now been finalised and will be signed by the Minister shortly. It then goes to the Governor to be stamped then Gazetted and then it's all done. We're advised by the Minister's office that it will be completely finalised by March 10th in time for the Gloster Canary Sale scheduled for March 11th.
It appears that if nothing else goes wrong, we will be back to normal for our bird sales for now.
BUT, the fight is not over, we still need to get the legislation changed otherwise we will be back were we started, so keep pushing your local members.
We have had confirmation from Minister Jaala Pulford's office, an exemption for the sale of caged birds from the operation of section 96 of the Domestic Animals Act 1994 had been granted !! This will be in effect as soon it is Gazetted.
So what does this mean in laymen terms... Non Native (Exotic) Bird Species will be able to be sold legally at all Bird Expos throughout Victoria.
We will keep you updated as more information comes to hand
Congratulations to everyone who has been involved with this process and to all aviculturalists!!!
Now we can all sit back and start planning our sales.
Dean Rowland and myself attended the Animal Welfare Legislation Workshop on Monday 20th February at the offices of the DEDJTR in Atwood.
Timelines: They believe that any new legislation will not become law before the end of 2018.
Proposed Animal Welfare Framework:
+ Obligation Things you must do
+Unregulated space Things you are must to do
+Regulated Activities Things you are free to do
+Regulated activities Things you can do as specified, including some things you must do
+Cruelty, Aggravated Cruelty Things you must do
What the new act might look like i.e. Examples of how things might be done?
+Proposed to introduce a proactive “duty of care” approach through obligations
+Obligations will be based around the core needs of the animal
+Obligations will be mandatory
+Possible obligations: Water, food, treatment, environment, handling, killing and general.
Potential -----------------Regulated Activities
Level Category Competence
1 Prohibited Exempt by regulation, veterinary practitioner for therapeutic reasons.
2 Acts of Vet care To be performed only by a registered Vet
3 Para professional Require a level of competency or possibly procedures by a third party
4 General Husbandry Can be performed by a day to day person
Roles of Codes of Practice under POCTA
Currently there are 28 codes of practice i.e. Code of practice for Cage Birds, some of these code are over 20 years old and they will be replaced
Need to identify minimum standard going forward.
General comment on the workshop:
There was a lot of confusion in the morning as the session seemed to be pitched at bureaucrats , after further questioning things became clearer. Generally the groups thought the day was about reviewing the currently legislation “What’s working “ and “What needs changing” as we found out the day was pitched at a high level “The first stage” Developing the act. During the day one of the participants sort assurances that these new changes to the legislation were not being driven by “Animal liberationist”
In summary it is extremely important that “Aviculturalists” are part of the ongoing consulting/review process as this new legislation can have significant impact on our hobby in the future.
David Renshaw & Dean Rowlands
WILDLIFE THAT MAY BE HELD FOR PRIVATE PURPOSES WITHOUT A LICENCE
This publication is intended as a general summary only and may be of assistance to you, but the State of Victoria and its employees do not guarantee that the publication is without flaw of any kind or is wholly appropriate to your particular purposes and therefore disclaims all liability for any error, loss or other consequence which may arise from you relying on any information in this publication. Anyone possessing wildlife should familiarise themselves with the relevant licensing provisions of the Wildlife Act 1975 and Wildlife Regulations 2013, including any subsequent amendments.
Princess Parrot - Polytelis alexandrae
Australian Ringneck - Barnardius zonarius semitorquatus
Blue-faced Finch - Erythrura trichroa
Bourke's Parrot - Neopsephotus bourkii
Budgerigar - Melopsittacus undulatus
Chestnut-breasted Mannikin - Lonchura castaneothorax
Cockatiel -Nymphicus hollandicus
Common Bronzewing - Phaps chalcoptera
Crested Pigeon - Ocyphaps lophotes
Diamond Dove - Geopelia cuneata
Double-barred Finch - Taeniopygia bichenovii
Eastern Rosella - Platycercus eximius
Eclectus Parrot - Eclectus roratus polychloros
Elegant Parrot - Neophema elegans
Emerald Dove - Chalcophaps indica
Galah - Eolophus roseicapilla
Gouldian Finch - Erythrura gouldiae
Hooded Parrot - Psephotus dissimilis
King Quail - Excalfactoria chinensis
Little Corella - Cacatua sanguinea
Long-billed Corella - Cacatua tenuirostris
Long-tailed Finch - Poephila acuticauda
Musk Lorikeet - Glossopsitta concinna
Painted Firetail - Emblema pictum
Peaceful Dove - Geopelia striata
Plum-headed Finch - Neochmia modesta
Rainbow Lorikeet (excluding subspecies) - Trichoglossus haematodus
Red-rumped Parrot - Psephotus haematonotus
Scaly-breasted Lorikeet - Trichoglossus chlorolepidotus
Scarlet-chested Parrot - Neophema splendida
Star Finch - Neochmia ruficauda
Stubble Quail - Coturnix pectoralis
Sulphur-crested Cockatoo - Cacatua galerita
Turquoise Parrot - Neophema pulchella
Western Rosella - Platycercus icterotis
Zebra Finch - Taeniopygia guttata
Non-indigenous quail - all taxa, including Californian Quail and Japanese/European Quail
Alectoris spp.all taxa, including Callipepla californica and Coturnix coturnix
Partridge ~ all taxa - Perdix spp. Alectoris spp.
Pheasant ~ all taxa - Phasianus spp
To ensure all information is current please visit the DEWLP website HERE
There has been much conjecture over recent weeks regarding the sale of non-licensed wildlife sales at our Expo's and other Sales.
On investigating this by reading through the Regulations & Act, with some heads up from David White [MPAS] it was ascertained that in the Wildlife Regulations 2013 section 49 parts 1 to 8 deals with these scenarios and in effect exempt sellers of these birds from penalties in Section 47 [Acquiring etc protected wildlife] of the Wildlife Act 1975.
It is complicated to read but in essence means that any captive bred non-licensed wildlife can be sold/bought anywhere at any time.
Additionally, Jennifer Cane [Senior Policy Manager, Wildlife Licensing, DELWP] was asked to provide details on where the department stood on this question, her response has been:
'The amnesty does not refer to the sale of non- licensed wildlife as both the Wildlife Act 1975 (the Act) and the Wildlife Regulations 2013 (the regulations) already provide appropriate exemptions.
Section 47A of the Act provides, among other things , that offences relating to the selling of wildlife by a person without a licence or authorisation do not apply to any person exempted by the regulations.
Regulation 49 of regulations provides, among other things, an exemption for wildlife listed in Part A Schedule 4. This schedule includes a number of species of birds.'
This information has been authorised by the departments legal team.