Confining livestock, including horses, to your property is important for the safety of the community.
Wandering livestock can create a serious public safety risk, particularly when they are on roads. Human lives have been lost from vehicle collisions with livestock on roads. Wandering livestock can also injure themselves, other animals they encounter and cause damage to property.
Recent changes to the Impounding of Livestock Act 1994 strengthened the powers of authorised council officers to deal with wandering or inadequately confined livestock.
The Impounding of Livestock Act now also enables a notice of objection to the trespassing of livestock and a notice to confine livestock. This can be served on either a landowner or livestock owner, in relation to trespassing or inadequately confined livestock. Livestock found inadequately confined after a notice to confine has been served, can now be impounded by an authorised council officer if the owner fails to comply with the notice.
The Impounding of Livestock Act 1994 (the Act) makes it an offence for a person to allow livestock to wander at large, or to fail to adequately confine livestock to a property.
Municipal council officers previously had the power under the Act to impound wandering livestock at the owner's expense. However there were difficulties confining or impounding livestock when the animals were able to wander on and off a property (for example, when existing fencing was in disrepair).
These amendments enable effective measures to be taken to control inadequately confined livestock and help to protect the safety of the Victorian community.
The recent amendments to the Act were made under the Primary Industries and Food Legislation Amendment Act 2012. These enable an authorised officer of a council, who finds inadequately confined livestock, to enter any land or building (other than a residence) and impound the livestock in certain circumstances, such as where there is a public safety risk.
For issues concerning wandering or inadequately confined livestock call your local council for assistance.
The Impounding of Livestock Regulations 2018 (IL Regulations 2018) replaced the Impounding of Livestock Regulations 2008 on 19 June 2018.
Virtual fencing for livestock
The Prevention of Cruelty to Animals Regulations 2008 set out when and how electronic collars can be used, sold, hired or supplied for use on animals in Victoria.
Electronic collars are defined in the regulations as an animal collar that is designed to be capable of imparting an electric shock to an animal.
In Victoria electronic collars can only be used on:
- dogs (for the purposes of remote training, anti-bark training or confinement)
- cats (for confinement purposes only)
- cattle, sheep, goats, pigs, camels, alpacas and llamas for research purposes.
Electronic collars cannot be used on any other species.
The use and sale of virtual fencing technology for livestock in Victoria is only allowed for research purposes. There are no limitations on the sale of electronic collars for livestock to purchasers outside of Victoria.
Specific legal requirements relating to electronic collars for livestock
In Victoria a person must not use an electronic collar on livestock unless the electronic collar is used on cattle, sheep, goats, pigs, camels, alpacas or llamas and only as part of a scientific procedure, or program of scientific procedures, approved under a licence granted under Part 3 of the Prevention of Cruelty to Animals Act 1986.
The sale of electronic collars is permitted under the following conditions.
A person must not sell, hire or supply an electronic collar unless they maintain a record of the following details about the purchaser, hirer or recipient of the collar for a period of 7 years:
- the full name of the purchaser, hirer or recipient
- the street address of the property where the electronic collar is to be used
- contact telephone number or email address for the purchaser, hirer or recipient
- the date of sale, hire or supply of the electronic collar
- if the street address is in Victoria then the seller, hirer or supplier must obtain written evidence from the recipient that the electronic collars are only going to be used as part of a licensed scientific procedure.