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Notice 05 of 05 · Trapping

Trapping and the cruelty law

In New South Wales, section 23(2)(a) of the Prevention of Cruelty to Animals Act 1979 says a person must not, “in any part of New South Wales, set a steel-jawed trap”. Section 23B(1)(b) gives a person accused of an offence against the Part it sits in, or the regulations, a defence for trapping and similar acts, but only where they were done “in a manner that inflicted no unnecessary pain upon the animal”.

From
Prevention of Cruelty to Animals Act 1979 (NSW), sections 23 and 23B; and DPIRD’s codes and procedures, which are guidance.
Says
Set no steel-jawed trap anywhere in the state, and possess none with the intention of using it to trap an animal. The defence covers trapping done for that purpose without unnecessary pain, if the accused satisfies the court.
Applies
To everyone, on any land in NSW.

General information, not legal advice. The Act, linked at the foot of this page, is the law; DPIRD’s codes and procedures are guidance.

Section 23

The ban, in the Act’s words

Section 23 is headed “Certain traps not to be set”. Its subsection (2) opens with a prohibition, and the first of its paragraphs reads:

“(2) A person must not: (a) in any part of New South Wales, set a steel-jawed trap, or”

Prevention of Cruelty to Animals Act 1979 (NSW), s 23(2)(a); the Act’s dash after “must not” is shown as a colon

Paragraph (b) matters for an old trap in the shed: a person must not “possess a steel-jawed trap with the intention of using it to trap an animal”.

The section defines the trap it bans:

“steel-jawed trap means a trap that has jaws that are made of steel, iron or other metal and that are designed to spring together and trap an animal when a leg or other part of the animal’s body comes into contact with, or is placed between, the jaws, but does not include a soft-jawed trap (that is, a trap with steel jaws that are offset and padded).”

Prevention of Cruelty to Animals Act 1979 (NSW), s 23(3)

For an offence against section 23, the maximum penalty is 250 penalty units for a corporation, and for an individual 50 penalty units or 6 months’ imprisonment, or both.

DPIRD’s procedures say what that leaves. Its rabbit procedure says cage traps and padded-jaw traps are permitted in NSW and steel-jaw traps are prohibited; its fox procedure lists padded-jaw traps, cage traps and treadle snares as permitted. The regional plan names the traps for two animals: for controlling cats in NSW, soft-jawed or padded-jawed spring traps, with cage traps allowed on a condition (below); for wild dogs, soft-jawed or padded-jawed spring traps or cage traps.

Section 23B

The defence, with its whole condition

Section 23B applies when someone is already accused of an offence, and it is for that person to satisfy the court. Here is the part about trapping, with the words that carry its condition:

“(1) In any proceedings for an offence against this Part or the regulations in respect of an animal, the person accused of the offence is not guilty of the offence if the person satisfies the court that the act or omission in respect of which the proceedings are being taken was done, authorised to be done or omitted to be done by that person: … (b) in the course of, and for the purpose of: (i) hunting, shooting, snaring, trapping, catching or capturing the animal, or … in a manner that inflicted no unnecessary pain upon the animal,”

Prevention of Cruelty to Animals Act 1979 (NSW), s 23B(1)(b)(i); the marks … stand for words left out, and the Act’s dashes are shown as colons

Two things in it carry the weight: the act must be done in the course of, and for the purpose of, trapping or one of the other activities listed, and it must be done “in a manner that inflicted no unnecessary pain upon the animal”. Subsection (2) adds that paragraph (1)(b) does not apply to someone accused of an offence against section 19A.

The codes

How often to look in the trap

DPIRD’s standard operating procedures are guidance, and each says it does not replace or override NSW legislation. On the question that matters most for an animal in a trap, this is what five of them say:

Checking traps: five sources compared
TrapHow oftenAlso says
Fox, cage trapInspected daily. A small mesh, 50 mm recommended, limits injuries to a fox’s teeth and mouth. Better not to trap while vixens are lactating.
Rabbit, cage trapInspected daily, preferably early in the morning, and left open during the day. Set no more traps than can be checked and cleared in 2 to 3 hours.
Pest birdsInspected regularly, preferably daily, with any birds caught removed and killed quickly and humanely at each inspection. Traps holding lure birds: at least once a day for small traps, at least every two days for larger ones.
Feral deerTwice a day in peak fawning periods, at least once a day otherwise. More in the notice on feral deer.
CatsAll traps checked daily (the regional plan). Cage traps may be used, but a council ranger has to be asked for permission to deem the cat feral before it is euthanised.
The wrong animal

When the trap catches something else

Traps are not target specific. In the rabbit procedure’s words, the animals caught by mistake can include birds, echidnas, goannas and possums. That matters, because “All native birds, reptiles, amphibians and mammals, but not including dingoes, are protected in New South Wales by the Biodiversity Conservation Act 2016.”

Both the fox and rabbit procedures say traps must not be set near places that animals other than the target regularly use.

Common mynas

Mynas: unprotected, and still covered by the codes

DPIRD lists the myna’s protection status in three words: “Unprotected; introduced species.” Native birds are another matter: with few exceptions they are protected, and destroying them needs a permit.

Mynas breed from August to March. The bird trapping procedure prefers no trapping in the nesting season, so that dependent chicks are not left to starve. It also asks for a trap tall, long and wide enough for a bird to stretch its wings, and says trapped pest birds should be euthanased after capture: trapping them for the pet or export trade is not acceptable on welfare grounds, in the view of the National Consultative Committee on Animal Welfare.

Your own safety

Handling what you catch

Trapped foxes are dangerous to handle and can inflict serious bites, so the fox procedure says operators must be protected by tetanus immunisation. For the other notices on the board, see 1080 fox baiting and your neighbours and rabbits, calicivirus and pindone.