Cat Management Regulations 2022 (Tas)

Cat Management Regulations 2022

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Cat Management Act 2009 .

13 December 2022

B. BAKER

Governor

By Her Excellency's Command,

JO PALMER

Minister for Primary Industries and Water

PART 1 - Preliminary

1. Short title These regulations may be cited as the Cat Management Regulations 2022 .

2. Commencement These regulations take effect on the day on which their making is notified in the Gazette.

3. Interpretation In these regulations – Act means the Cat Management Act 2009 ; AVA means The Australian Veterinary Association Ltd. (ABN 63 008 522 852), also known as the Australian Veterinary Association; cat management facility approval, in relation to a cat management facility, means an approval in relation to the facility that is granted under regulation 5(4)(a) and that has not been surrendered or cancelled; microchip database means the approved database where the prescribed details are entered in accordance with section 12(3) of the Act.

PART 2 - Cat Management Facilities

4. Prescribed cat management facilities For paragraph (d) of the definition of cat management facility in section 4 of the Act, a facility, to which a cat management facility approval relates, that is operated by a person or organisation to which the approval relates is a cat management facility.

5. Approval to operate cat management facility (1) A person or organisation may apply to the Secretary for approval to operate a facility as a cat management facility. (2) An application under subregulation (1) is to – (a) be in an approved form; and (b) specify – (i) the facility that is intended to be operated as a cat management facility; and (ii) the size of the facility with reference to the building size and land size; and (iii) the intended maximum number of cats to be housed at the facility; and (c) provide full details in respect of – (i) any offence, of which the applicant has been convicted, that involves or relates to an animal; and (ii) all current approvals for the facility that are required under any Act for the facility to operate and that are held in relation to the facility. (3) The Secretary may – (a) request further information from a person or organisation that has made an application under subregulation (1) ; and (b) take the further information into account when considering the application. (4) The Secretary, on receiving an application under subregulation (1) from a person or organisation, may – (a) grant to the person or organisation an approval (a cat management facility approval) to operate, as a cat management facility, a facility specified in the approval, subject to any conditions that the Secretary thinks fit, if the Secretary is satisfied – (i) that the person or organisation is fit and proper to operate such a facility; and (ii) that it is appropriate to approve the person or organisation to operate such a facility; or (b) refuse to grant to the person or organisation an approval to operate, as a cat management facility, a facility, if the Secretary is not satisfied – (i) that the person or organisation is fit and proper to operate such a facility; and (ii) that it is appropriate to approve the person or organisation to operate such a facility. (5) If the Secretary grants to a person or organisation under subregulation (4)(a) a cat management facility approval in relation to a cat management facility, the Secretary – (a) is to inform the person or organisation in writing of – (i) the approval and any conditions of the approval; and (ii) the specific facility which may be operated under the approval; and (b) is to cause the name of the person or organisation to be published in the Gazette as a person or organisation approved to operate, as a cat management facility, the facility specified in the notice. (6) If the Secretary refuses to grant an application under subregulation (4)(b) , the Secretary is to provide to the applicant written reasons for the refusal.