Livestock Management Act
The new Livestock Management Act 2010 will provide the legislative framework for integrating, in a consistent manner, nationally agreed Standards relating to aspects of livestock management and for demonstrating that these standards are met. This will provide assurance to customers and the community regarding livestock management practices and assist in maintaining productivity and market access for livestock businesses.
Livestock management, by definition, includes aspects of animal health, animal welfare, biosecurity and traceability. The term “livestock operator” in the Act refers to individuals and enterprises (entities) involved in the husbandry, handling, management, ownership, transportation and/or slaughter of livestock. Therefore, the Act will affect anyone owning, managing or working with livestock in any capacity.
Background
There is a continuing need to demonstrate high standards of practice for livestock management and food production. International customers and trading partners are now seeking assurance of efficient Government and industry control mechanisms minimising food safety, animal welfare, traceability and biosecurity risks. Market forces alone are not expected to address all of these risks. Therefore, intervention in the form of verifiable and regulated standards is considered a priority.
The Livestock Management Act 2010 (LMA) is driven by recommendations from several national regulatory reviews to:
- meet changing market, customer and community expectations;
- develop nationally consistent standards that everyone must meet;
- harmonise delivery and enforcement (national consistency);
- minimise regulatory burden on industry; and
- recognise industry quality assurance programs as mechanisms for demonstrating standards are met.
Objectives of the Act
The objectives of the Livestock Management Act are to:
- legislate Standards relating to the management of livestock;
- recognise existing compliance arrangements demonstrating high livestock management standards and provide a mechanism for establishing co-regulatory arrangements;
- encourage implementation of approved quality assurance programs and/or equivalent compliance arrangements; and
- improve community understanding of livestock management standards.
Livestock Management Standards
A range of Standards relating to livestock management are now being developed under the auspices of the Primary Industries Ministerial Council.
The first of these relate to standards for the welfare of livestock, developed cooperatively by government and livestock industries under the Australian Animal Welfare Strategy (AAWS). The welfare standards and guidelines are based on the revision of the current Model Codes of Practice for the Welfare of Animals.
Further information on the "Australian Animal Welfare Standards and Guidelines" can be found on the DPI website: www.dpi.vic.gov.au.
Work is underway to establish contemporary standards for biosecurity (farm biosecurity plans), traceability and chemical management.
Implementation of the Livestock Management Act and Regulations
Once new Standards are developed and endorsed by Governments, industry and other key stakeholders, the next step for State jurisdictions is to integrate them into legislation.
Victoria’s approach will be to adopt (prescribed) the agreed Standards as regulations under the new LMA.
A prescribed 'Standard' (capital 'S') in the Act refers to the whole document by name. Victoria will maintain consistency with other jurisdictions for the integration of national Standards by referencing the whole “Standards” document by name.
Specific standards (small 's') which detail the requirements of livestock management (practices and tasks), within each of the Standards document will be prescribed in the regulations of the Act. Offences, penalties and infringements for failure to comply with specific standards will apply.
To underpin the national agreement(s) for consistency, the new Standards will replace the various Codes of Practice and become the only documents relating to a particular species or activity referred to in State legislation.
The adoption of the first sets of standards, the Australian Animal Welfare Standards and Guidelines – Land Transport of Livestock, and the Victorian Standards and Guidelines for the Welfare of Pigs will occur in late 2011. Other Standards such as the cattle and sheep animal welfare Standards will be introduced over the next few years.
Requirements
- The Act has two key requirements. A livestock operator must:
comply with applicable prescribed livestock management standards when engaging in a livestock activity; and - carry out a systematic risk assessment within six months of introduction of the regulated Standard.
The requirement for a systematic risk assessment means that a livestock operator will have read the relevant standards, considered their application to his/her business, and put in place the required control measures to meet the Standard where applicable. Information on a Systematic Risk Assessment, including a template and examples can be found in the DPI Information Note: "Livestock Management Standards - A Systematic Risk Assessment".
Compliance Options
The Act provides for two compliance regimes. The first applies to those not operating under an approved compliance arrangement where inspection and offences will directly apply. The second, by way of a co-regulatory approach with monitoring and reporting regimes, is established jointly through approved compliance arrangements or industry based quality assurance programs.
Existing industry certification regimes, inspection arrangements and quality assurance programs currently operate to demonstrate compliance with standards for customer, markets and trading partners.
The LMA will recognise these mechanisms as "compliance arrangements" to demonstrate effective controls and ongoing compliance with relevant Standards. The authority which governs the particular compliance arrangement (e.g. for a quality assurance program this might by an industry body/organisation) may apply to the DPI to have the program approved under the Act as a mechanism to meet the standards. Guidelines for 'Approved Compliance Arrangements' are available from DPI.
Incentives to operate under an approved compliance arrangement
Livestock operators participating in a 'compliance arrangement' that is approved by the DPI will be deemed compliant with the Standards in the first instance, and not subject to further inspection or audit (other than already required under their existing compliance arrangement).
As an incentive for livestock operators to participate in an approved compliance arrangement, such as an industry based quality assurance program, 'approved' livestock operators will be exempt from the requirement to conduct a systematic risk assessment. Furthermore, they are not liable to be prosecuted for an offence against the regulations unless they have been deemed as 'suspended' from the approved arrangement for prior non-compliance with a standard.
Inspections will focus on livestock operators that are not operating under an approved compliance arrangement.
Further information
Additional DPI Information Notes which should be read in conjunction with this note include:
- Australian Animal Welfare Standards and Guidelines
- Livestock Management Standards - A Systematic Risk Assessment
- Approved Compliance Arrangement Guidelines
Further information on the Australian Animal Welfare Strategy and the Australian Animal Welfare Standards and Guideline can be found on the website: www.animalwelfarestandards.net.au
Acknowledgements:
Authored by : Dr David Champness, Principal Veterinary Officer, Biosecurity Victoria
