New animal welfare act: fears of a new wave of animal rights lawfare

Hunters and farmers fear animal rights groups could use Labor’s new animal welfare act to tie them up in court.

New Andrews Government legislation recognising animal sentience could see animal rights groups challenging standard farming practices.

Hunters and farmers fear the Victorian government’s animal welfare reforms risk activists launching legal action to stop common farming and hunting practices.

Agriculture Minister Gayle Tierney released the reforms last month as part of Labor’s plan to create a new animal welfare act, if re-elected, that introduces mandatory standards of care and recognises animal sentience – the capacity to feel fear, stress and other emotions.

The plan states: “recognition of animal sentience also underpins the decision making principles for the new act”.

But the coalition of Sporting Shooters, Field & Game Australia and Australian Deer Association have warned the plan gives animal rights groups the ammunition needed to drag the Game Management Authority and even the Minister before the courts for failing to adequately recognise sentience.

“Given historical practice from extreme animal rights and environmental groups, it is considered there would be significant opportunity and scope for third parties to take legal action and seek injunctions on Ministerial and Authority decisions under this requirement,” the hunting group’s joint submission to government states.

“While government might be liable to defend these cases, they are likely to negatively impact on recreational and business activities while they are contested, particularly if the court were to order an injunction.”

Sporting Shooters hunting manager David Laird said before the duck season even began the Coalition Against Duck Shooting could “take out injunctions that won’t be settled for months”.

Rural communities are already feeling the impact of vague definitions and flaws in Victoria’s Code of Practice for Timber Production, which environmentalists have used to gain Federal Court injunctions that have locked up coupes and dried up work in Orbost, Warbuton, Noojee, Violet Town, Powelltown, Corryong, Benalla and Heyfield.

Animal Justice Party MP Andy Meddick dismissed concerns about legal action by animal rights groups and said sentience simply recognised “animals have interests of their own, are thinking and self-aware”.

Victorian Farmers Federation vice-president and caged-hen egg producer Danyel Cucinotta said the government needed to protect the right to farm.

“I don’t want to be sitting in a courtroom,” Ms Cucinotta said.

The plan proposes establishing an expert advisory committee, which would advise the Minister and department on animal welfare standards and “accepted best practice”.

Ms Cucinotta said it was crucial agricultural groups were well represented on the EAC.

“We don’t want to see the need for a vet every time you have a breached calf,” she said.

Ms Tierney said there would be further opportunities for the public to provide feedback as the reform work progressed.