Exhibited Animals in Queensland

The exhibited animals industry comprises “zoos, aquariums, circuses and petting zoos, as well as animals used by magicians and in mobile demonstrations”.  According to the former Department of Primary Industries and Fisheries (DPIF), animal welfare, public safety and pest potential are the main areas of risk involved in keeping animals for exhibition.

A review of the Queensland legislation pertaining to exhibited animals was instigated following the (former) Service Delivery and Performance Commission’s identification, in 2007, of shortfalls in the legislative regime.  The DPIF released the Exhibited Animals Discussion Paper (Discussion Paper) in 2008.  Submissions closed on 30 January 2009.  The legislative review remains under consideration.  

In Queensland, exhibited animals are currently regulated under the Land Protection (Pest and Stock Route Management) Act 2002 (Qld), the Nature Conservation Act 1992 (Qld) and the Animal Care and Protection Act 2001 (Qld). 

The Land Protection (Pest and Stock Route Management) Act 2002, administered by the Department of Agriculture, Fisheries and Forestry (DAFF), “is the primary tool for regulating the keeping of exotic animals in Queensland”.  Zoos, aquaria, etc must obtain declared pest permits that “reflect an evaluation of each species’ pest potential and public safety potential” (Discussion Paper, p 2).

The Animal Care and Protection Act 2001, which is also administered by DAFF, deals with the welfare of animals. 

The relevant provisions of the Nature Conservation Act 1992, which are jointly administered by the Department of National Parks, Recreation, Sport and Racing and DAFF, regulate “the exhibition of native animals in zoos and travelling or temporary displays” (Discussion Paper, p 2).

Service Delivery and Performance Commission Recommendations

The DPIF commenced the review of the legislation pertaining to exhibited animals following the release of recommendations by the Service Delivery and Performance Commission (SDPC).  The SDPC was concerned that the regulation of exhibited animals in Queensland was not working well, in particular stating that “[t]here are gaps in coverage and there is a risk to government in not adequately protecting animals and in safeguarding public safety” (p 62).  The SDPC recommended (p 11), amongst other matters, that drafting instructions be prepared for Cabinet consideration by 31 October 2007 to:

·    enact a single piece of legislation dealing with the keeping of animals (exotic and native) for  exhibition or entertainment purposes;

·     replace relevant provisions currently in the Land Protection (Pest and Stock Route Management) Act 2002; and

·     amend the Nature Conservation Act 1992 and the Nature Conservation (Administration) Regulation 2006 “to remove the requirements dealing with the keeping of native animals for display purposes, with the EPA retaining responsibility for threatened species and ‘special least concern’ animals (e.g., koalas, echidnas, platypuses), including the taking of such animals from the wild, and captive breeding arrangements”.

The SDPC also recommended that responsibility for regulating the use of animals for exhibition or entertainment should fall within the primary industries portfolio.

Other Jurisdictions

New South Wales and Tasmania have legislation specifically dealing with exhibited animals – the Exhibited Animals Protection Act 1986 (NSW) and the Wildlife (Exhibited Animals) Regulations 2010 (Tas), respectively.  The Tasmanian Regulations were made under the Nature Conservation Act 2002 (Tas).

In Europe, Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos aims to “protect wild fauna and to conserve biodiversity by providing for the adoption of measures by Member States for the licensing and inspection of zoos” (Article 1).  The United Kingdom amended the Zoo Licensing Act 1981 (UK) to give force to the Directive in England.

Legislative Options

Of the legislative options identified by the DPIF for the regulation of exhibited animals, the simplest option (Option 1) would be to amalgamate the current provisions relating to exhibited animals in the Land Protection (Pest and Stock Route Management) Act 2002 and the Nature Conservation Act 1992 and Regulations.  However, according to the DPIF, this option “would not address risks such as the welfare of exotic animals or human safety related to public interaction programs” (Discussion Paper, p 13).

Option 2 involved Queensland mirroring New South Wales’ Exhibited Animals Protection Act 1986.  The DPIF was of the view that while the NSW legislation provides a valuable example, substantial amendments would be required to adapt it to meet Queensland’s circumstances (Discussion Paper, p 14).

The DPIF appeared to consider the creation of a new legislative framework (Option 3) as the best option for regulating exhibited animals.  The DPIF recommended that the NSW exhibited animals legislation be used as a basis, but augmented to address any perceived shortcomings.  Table 1 on pp 18–20 of the Discussion Paper sets out “attributes of the ideal legislation envisaged for Queensland, compared to the current frameworks in Queensland and New South Wales” (Discussion Paper, p 14).

Under the preferred option in the Discussion Paper, the proposed Queensland legislation would be administered by a single agency and cover all vertebrate and invertebrate animals (native, exotic and domestic) exhibited in marine or zoological parks, wildlife parks, circuses and mobile displays.  It was proposed that the licensing system would “use a broad range of criteria to evaluate a facilt[y’s] contribution to conservation and education goals, as well as ability to mitigate risk (pest potential, human safety and animal welfare)” (Discussion Paper, p 18).  A permit would be required for each exhibited animal. 

At the date of publishing, it is uncertain what approach the new Queensland LNP Government will consider the most appropriate for regulating exhibited animals.

Key Documents

Queensland Government, (former) Department of Primary Industries and Fisheries, Exhibited Animals Discussion Paper, 2008

Queensland Government, (former) Service Delivery and Performance Commission, Review of the Roles and Responsibilities of the Department of Natural Resources, Mines and Water, Environmental Protection Agency and Department of Primary Industries and Fisheries, 2007

Queensland Government, Administrative Arrangements Order (No.3) 2012, Extraordinary Government Gazette, 3 April 2012

Exhibited Animals Protection Act 1986 (NSW); Exhibited Animals Protection Regulation 2010 (NSW) 

NSW Government, Industry & Investment, A Guide to the Exhibition of Animals in New South Wales, 2010

Nature Conservation Act 2002 (Tas); Wildlife (Exhibited Animals) Regulations 2010 (Tas)

European Union, Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos 

Zoo Licensing Act 1981 (UK); United Kingdom, Department for Environment, Food and Rural Affairs, ‘Local Authority Guidance and Forms’ (webpage)

Mary Westcott

General Distribution Research Team, Research and Information Service