• WARRAGAMBA DAM WALL RAISING – EFFECTS ON WILDLIFE BY PURPOSELY FLOODING PARTS THE NATIONAL PARK

    20th November 2018

    Questions without notice.

    The Hon. MARK PEARSON (16:13): My question is directed to theMinister for Primary Industries, Minister for Regional Water, and Minister for Trade and Industry. As the Minister responsible for animal welfare, what is his response to a Sydney Morning Herald article of 13 November that relied on an Office of Environment and Heritage report, which revealedthat the Government’s plans to raise the height of the Warragamba Dam would have adverse impacts on threatened species, such as the regent honeyeater and eastern brown tree creeper, as well as Sydney’s last emus. Given the Minister’s responsibilities underthe Prevention of Cruelty to Animals Act, what is his department planning to do to prevent individual animals suffering as a result of the flooding of downstream habitat?

    The Hon. NIALL BLAIR (Minister for Primary Industries, Minister for Regional Water, and Minister for Trade and Industry) (16:15): I thank the honourable member for his question. I think he is drawing a very long bow in trying to attach this question to my portfolio. The member is suggesting that flooding events somehow should be investigated and potentially prosecuted under the Prevention of the Cruelty to Animals Act—POCTA Act—that is administered by my agencies, with the policy work also enforced by the police, the Animal Welfare League and the RSPCA. That is a long bow. It suggests that natural events such as flooding should be investigated by the RSPCA because it may endanger some native animals. That is what the member is saying. It is absolutely ridiculous. The member must have run out of ideas in the last week of Parliament. Surely he has questions about other areas of my portfolio. This a long bow at the very least.

    I do not imagine anyone in the agencies that enforce the POCTA Act would take seriously any suggestion that any flooding that happens in the Hawkesbury Valley should warrant an investigation under the POCTA Act. At this stage, I am happy to say that I am not aware of any work that my agency has done in relation to how this impacts on the POCTA side of my portfolio. The member referred to the Office of Environment and Heritage, which is the agency that is possibly responsible for some of the animals in the national park. But when it comes to cruelty to animals, we move to the POCTA Act. I do not think there is anything that my agency could be doing at this stage, particularly as we are only talking about environmental assessments of potential impacts of raising the dam wall. I am quite confident to suggest that, as far as I am aware, no work is being undertaken by my agencies under the POCTA Act.

    This is a very long bow. The question may have been better directed to the Minister representing the Minister for the Environment. Possibly the Office of Environment and Heritage has looked at some of the impacts on some of the native wildlife. But the member has asked the question of me and, under the responsibility of the POCTA Act, I say that I am not aware of any work that is being done by my agencies in relation to this matter at this time.

    The Hon. MARK PEARSON (16:18): I ask a supplementary question. Will the Minister elucidate how his portfolio of animal protection does not include the impacts upon wild animals when a government makes a decision to cause the flooding of an area that will impact those wild animals?

    The Hon. Scott Farlow: Point of order: The supplementary question asked by the Hon. Mark Pearson did not seek an elucidation of the Minister’s answer; it is a new question.

    The Hon. Penny Sharpe: To the point of order: I listened very carefully. The Minister’s answer included discussion about whether it was forced flooding or natural flooding. I believe the Hon. Mark Pearson has asked for elucidation in relation to that particular aspect of the Minister’s answer. As such, the question is in order.

    The PRESIDENT: I will allow the supplementary question. It is in order. I remind the Minister that he can answer the question in any way he deems fit.

    The Hon. NIALL BLAIR (Minister for Primary Industries, Minister for Regional Water, and Minister for Trade and Industry) (16:19): All my answers are fit. When we talk about flooding, whether it is the result of someone’s actions—

    The PRESIDENT: Order! The Minister will resume his seat. The Clerk will stop the clock. As members are well aware, rulings by past Presidents permit members to read extracts from documents. Those rulings are well regarded. It is also well known that members are not permitted to use props in the Chamber. I advise members that flashing a newspaper page in the air and pointing to something on the page is not deemed to be reading an extract from the paper but is, in my view, using a prop. Members will be called to order if they undertake such actions. The Minister has the call.

    The Hon. NIALL BLAIR: Regardless of whether an animal is impacted from flooding as a result of someone’s action or inaction, I do not see the correlation between that and the Prevention of Cruelty to Animals Act. It is like saying that if animals are impacted by an out-of-control fire the RSPCA, under its legislation, should investigate to hold those responsible to account. If the Hon. Mark Pearce has some legal advice that is contrary to my assessment, I would love to see it. I believe the question should have been directed to the Office of Environment and Heritage, which is better placed to look at this issue.

    Through the assessment process of this project and the environmental impact statement, I am sure that the impacts on wildlife, Aboriginal cultural heritage and the national park will be looked at. I do not believe it should be investigated under the Prevention of Cruelty to Animals Act. As I said, if the member has anything that will convince me otherwise, I will be more than happy to look at it. As I stand here, I do not have any indication that his information is any different from my answer. The Hon. Mark Pearce should have directed the question to the Minister representing the Minister for the Environment.

  • SELECT COMMITTEE ON LANDOWNER PROTECTION FROM UNAUTHORISED FILMING OR SURVEILLANCE

    14th November 2018

    Adjournment Speech.

    The Hon. MARK PEARSON (00:20): As a member of the Legislative Council Select Committee on Landowner Protection from Unauthorised Filming or Surveillance, I thank the secretariat staff for their excellent work in identifying the pertinent evidence that assisted the committee to develop the recommendations set out its report. I also thank my colleagues on the committee for their open-minded approach to a very complex issue concerning the balancing of landholders’ rights and the public interest in preventing animal cruelty. When I was voted on to the committee The Greens were at pains to suggest that it was not in the best interests of animals for me to participate and that I would end up being a patsy for intensive farming industries intent on increasing penalties for animal activists engaged in covert surveillance. It was suggested that to participate would be to give legitimacy to the cruel but routine practices involved in intensive agriculture industries and at the same time risk demonising animal activists as domestic terrorists.

    The Greens said they would “cut me down”. That certainly did not happen. I was confident that the evidence would demonstrate that our existing animal welfare protections are so poorly enforced that animal activists feel compelled to break the law by trespassing and engaging in covert surveillance to expose cruel and illegal practices. I have been vindicated in my belief by the published recommendations of the report. The Greens criticism of my membership of the committee conveniently ignored the fact that the inquiry was going to proceed with or without input from the Animal Justice Party. I had the overwhelming support of members from the Government, Labor, the Christian Democratic Party and the Shooters, Fishers and Farmers Party to be appointed to the committee. The truth is that The Greens would have happily taken the opportunity to be on the committee but it did not have the support of the other parties to do so. To save face with its supporters, it became necessary to denigrate my participation on this committee.

    As the only member in the Chamber with more than 25 years experience in animal activism, it seems obvious to me and no doubt to those members who voted for me that I would have a unique and important insight into the terms of reference and, in particular, to the motivations of animal activists who seek to obtain covert evidence of animal cruelty. Indeed, my presence on the committee ensured that relevant animal activist representatives were called to give evidence. Further, my questions helped to draw out information that led to the committee’s first three recommendations, which, if adopted by the Government, will significantly improve animal welfare outcomes. In particular, recommendation one, which states:

    That the NSW Government review the resources and powers of the RSPCA in regard to the monitoring and enforcement of animal welfare measures, and consider means by which the RSPCA and the NSW Police can work together more effectively to protect animals from mistreatment.

    Animal activists and advocates have long identified the need to improve the way in which animal protection is monitored and, in particular, improving the resources available for investigative and enforcement agencies. I have spent the past four years detailing the ongoing and systemic failures of our animal protection systems.

    Recommendation 2, that the New South Wales Government encourage animal industries to be proactive in engaging with the community and collaborate with animal industries to investigate schemes to increase transparency about food production and animal husbandry practices. I referred to the previous speeches in Hansard where I questioned whether animal industries have a licence to operate at all. Greater transparency of their operations will certainly give the public the opportunity to decide whether the industry’s treatment of farmed animals is deserving of a social licence. But most importantly, recommendation 3, that the New South Wales Government review the Surveillance Devices Act 2007 to consider whether to insert a public interest exemption for unauthorised filming or surveillance. Finally, I thank members for voting me on to the committee and by doing so acknowledging the valuable input the Animal Justice Party would bring to this vexed and contentious area of public policy.

  • LAND CLEARING AND NATIVE ANIMAL HABITAT LOSS

    13th November 2018

    Questions without notice.

    The Hon. MARK PEARSON (16:47): My question is directed to the Minister for Primary Industries. As Minister responsible for animal welfare, what is his response to the Sydney Morning Herald article of 7 November, which estimates that in 2017, under his watch, 10 million native animals died directly as a result of habitat destruction due to land clearing allowed under the Government’s changes to the native vegetation protection laws? In particular, how does the Minister manage the conflict of interest between his department’s support for land clearing for agriculture and his responsibilities under the Prevention of Cruelty to Animals Act to prevent animal suffering?

    The Hon. NIALL BLAIR (Minister for Primary Industries, Minister for Regional Water, and Minister for Trade and Industry) (16:47): The Government would like to see some more information and evidence to justify that claim of those numbers of species. In these couple of reports, they have come up with their own methodology about a square area size and then applied that to come out with this incredible number of animals that they claim have lost their lives as a result of the removal of native vegetation. First, I would like to see more information to justify that claim. Secondly, the Hon. Mark Pearson refers to the conflict of interest that we have in relation to land clearing. The thing that a lot of people on that side of the Chamber—the crossbench and the Opposition—fail to recognise is the habitat that is enhanced or restored under our new biodiversity changes that we put through in this State, not acknowledging at all the fact that in a lot of cases the largest numbers of approvals that we are seeing relate to invasive native species.

    Has the member ever stood in a monoculture forest of an invasive native species and not heard a bird or seen a single piece of groundcover? There is no biodiversity in those areas. These constitute a large number of the approvals that have been given under the Government’s changes. But there has been not one acknowledgement of the trees that have been planted or the sensitive areas that have been set aside. More importantly, those areas have been set aside and managed, not locked up and allowed to fester with feral animals and noxious weeds, which are among the largest threats to native animals in this State.

    So I will not acknowledge the premise of the question—that there is a conflict of interest. In large part, the habitat that has been restored, the set-asides that are being managed, the invasive native species that are being managed and controlled, and a lot of the feral weeds and animals that are being managed, are doing more for the biodiversity of this State than has occurred under previous ways of managing land in this State. I dismiss, firstly, the numbers in relation to the loss of native species. Secondly, I dismiss the claim that the legislation that this Government put through was just about land clearing. It is a matter of cherry-picking one part of the policy and not acknowledging the other parts—especially the hundreds of millions of dollars that the Government has set aside for saving our species, which also went through under the changes to legislation.

    I am not going to accept that there is a conflict, and I am not going to accept the premise of the question. I would like those opposite and on the crossbench to start acknowledging some of the other aspects of this change in the way that we manage biodiversity in this State. We know that the previous way was not working. When those opposite start citing the numbers of species that have gone onto the threatened list, they should acknowledge that that happened under the legislation and the changes that the former Government put through.

    The native vegetation laws in this State were not working, particularly for our native species. To continue to do the same thing over and over and expect a different result is the definition of insanity. That is why we brought a balanced change into this area, and that is why we will see an increase in biodiversity in this State as a result of those changes.

  • THE GREENS – THEY SHOOT HORSES DON’T THEY

    12th November 2018

    “Even when the Shooters, Fishers and Farmers Party condemns aerial shooting of horses along with the Nationals and every other party, the Greens condone this brutal Rambo type slaughter of animals” says Animal Justice Party MLC Mark Pearson.

    The Greens have introduced a bill into the Legislative Council to repeal the limited protections for brumbies that were only recently legislated in the Kosciusko Wild Horse Heritage Bill. Greens MLC Cate Faehrmann refers to  claims from scientists that brumbies are the cause of harm to native fish and frogs in the KNP alpine area, as a reason to resort to the most brutal and cruel form of slaughter; “aerial culling.”   “Aerial culling” is the shooting of horses from helicopters. Evidence from investigations into the 2000 Guy Fawkes National Park massacre of brumbies showed that terrified horses were injured and left to suffer and die over a period of many days. We must never return to aerial killing.

    The AJP supports the brumby protections contained in the Kosciusko Wild Horse Heritage Act and seeks a strengthening of the provisions of the Act to specifically exclude lethal controls of any kind in the management of the brumby populations. The AJP considers immuno-contraceptive darting to be the most humane and effective management tool for brumbies in the alpine regions of the park.  It is also entirely possible to fence off sensitive areas to prevent brumby access as these areas are only small in size.

    The AJP’s position regarding claims of environmental damage is that we consider that the main damage caused to the KNP occurred during the construction of the Snowy River Hydro Scheme and during its ongoing operations as well as the increasing impact of human activities in the expanding ski resorts. There is also the environmental damage caused by the recreational fishing of introduced brown and rainbow trout which for some reason, the Greens are not demanding that they be ‘culled’ to extinction.

    The AJP, unlike the Greens, do not seek to penalise animals for their mere existence.   We recognise that after generations of survival and adaptation along the entire Great Dividing Range, the brumbies cannot be nor should they be, hunted to extinction. Where harm to the environment and/or animals is a genuine concern, we advocate non-lethal controls.

  • EXOTIC ANIMALS AND CIRCUSES

    25th October 2018

    Second read speech – Exhibited Animals Protection Amendment (Prohibitions On Exhibition) Bill 2018.

    The “Circus Bill” would ban the use of exotic animals in circuses and retire them to sanctuaries where they can live out their days in peace.  Mark Pearson’s speech references the appalling history of animals being used in circuses.  “Tradition” is no defence for continuing the practice of forcing animals to perform for human entertainment.

    EXHIBITED ANIMALS PROTECTION AMENDMENT (PROHIBITIONS ON EXHIBITION) BILL 2018

    First Reading

    Bill introduced, and read a first time and ordered to be printed on motion by the Hon. Mark Pearson.

    Second Reading Speech

    The Hon. MARK PEARSON (11:04): I move:

    That this bill be now read a second time.

    The Exhibited Animals Protection Amendment (Prohibitions on Exhibition) Bill 2018 prohibits circuses from exhibiting exotic animals. Exotic animals are defined as any animal other than a stock animal within the meaning of the Prevention of Cruelty to Animals Act 1979, or a companion animal within the meaning of the Companion Animals Act”. This bill makes it an offence for a person to exhibit an exotic animal at a circus, and to breed, keep, train or transport an exotic animal for the purpose of exhibiting the animal at a circus, whether or not the circus is located in New South Wales. Exotic animals currently exhibited at circuses must be rehomed in an animal display establishment or wildlife sanctuary approved by the secretary within 12 months. If such a placement is not reasonably practicable, the owner must keep the exotic animal in accordance with standards currently prescribed under the principal Act.

    Established science tells us that the welfare and wellbeing of exotic animals is severely compromised by being held captive in travelling circuses. The circus business model is predicated on forcing animals to live in barren, cramped conditions, including stressful travel in trucks known as beast wagons for thousands of kilometres each year. The animals have little in the way of enrichment or stimulation while confined, nor can they engage in many of their natural behaviours. Animal Circuses have their origins in the Roman Empire. Their purpose was not just to entertain the masses but also to reinforce the myth of human superiority over mere beasts. Many thousands of exotic animals were tortured, butchered and killed during performances at the Colosseum in Rome.

    Australia’s first travelling animal circuses were established in the 1850s, but there is no fine tradition to celebrate. Caged lions and tigers, brutalised for the public’s amusement, were exhibited alongside freak shows with exhibits such as the bearded lady, conjoined twins, or the world’s smallest woman. Horrifyingly, a group of Aboriginal people from the Wulguru clan on Palm Island were taken abroad by Barnum and Bailey’s Circus to be displayed alongside other Indigenous people from around the globe. The Wulguru people were promoted as “Australian cannibals” and forced to dance, sing and throw boomerangs to the audience while performing alongside an elephant. Within a year many in the group had succumbed to illness and some died, with the body of an Aboriginal man called Tambo being embalmed and put on permanent display. His remains were finally returned to his country after many approaches by his people.

    There is not a shred of credibility to the often stated argument that circuses stimulate people’s interest in conserving exotic animals or respect foranimals’ capability and skill. How can watching a lion balance on a small table possibly have any relevance to understanding the place of the lion on the African savannah? In 2018 there are so many more authoritative ways that people can learn about animals. Animal circuses have never been about education as they now proclaim; rather, they are about human voyeurism, watching animals humiliated and degraded by the manner in which they are forced to perform and be displayed. They become parodies of themselves. Noone with a modicum of empathy could possibly enjoy watching a subjugated animal being forced to perform tricks against their own natural instincts.

    Circuses may have moved on from forcing lions and tigers to jump through burning hoops or—the ultimate in voyeurism—the staged death by electrocution of Topsy the elephant at a Coney Island amusement park in 1903, but the reality is still animal suffering and misery. As a society we have become more concerned about animal welfare. In recognition of this change, Australian circus culture underwent a revolution in the late 1970s with the emergence of animal-free alternatives such as Circus Oz, the Flying Fruit Fly Circus and the internationally acclaimed Cirque du Soleil. Fast‑forward to the twenty‑first century and in New South Wales only Lennon Bros Circus, Stardust Circus and Circus Royale continue to use exotic animals such as lions, monkeys and camels. They are left to tour on the fringes of the entertainment circuit and on the outskirts of country towns. Often they are met with animal rights protesters objecting to the circus’s presence in their town.

    Acknowledging the growing public disquiet, more than 40 councils in Australia banned exotic animal circuses from performing on council‑owned and controlled land. In New South Wales, such councils included Parramatta, Lismore, Wingecarribee, Newcastle, Blue Mountains, Warringah, Woollahra, Hornsby, Pittwater, Manly, Randwick, Ku-ring-gai, Lake Macquarie, Liverpool and Camden councils. A number of other New South Wales councils are currently being petitioned to ban animal circuses on council land. In 1992, the Australian Capital Territory Government passed legislation prohibiting bears, elephants, giraffes, primates or felines—other than domestic cats—from being exhibited in circuses.

    Animals have not been the only victims of circuses. Between 1863 and 2001, there were 131 incidents in Australia in which members of the public or circus workers were harmed. The individuals most likely to suffer injuries or death were animal handlers during performances and training and circus hands feeding animals or cleaning cages. Many of the accidents involving patrons happened because people stood too close to the cages in which animals were housed. Members of the public were mauled by lions, trampled by elephants and lacerated by monkeys. The animals most prone to instigating attacks were lions, followed by tigers and elephants. Elephants killed more often than any other circus animal.

    Some circuses were so notorious for the injuries caused that it became a matter of some concern to public safety, but it was not until 1943 that the New South Wales Government finally intervened by cancelling the licence of a particularly negligent circus. Injuries to the public and circus workers continued right up until circuses began closing down due to lack of financial viability. By the early 2000s, only Stardust, Ashton and Lennon Bros circuses exhibited dangerous exotic animals such as lions, tigers and elephants. In 2001 a lion tamer was attacked by three lions at a Lennon Bros Circus performance in Penrith. In 2004 a toddler at Ashton Circus tragically lost his arms after he stuck them through the bars of a cage containing two tigons.

    The most recent case stems from a time when I was with Animal Liberation NSW. Until 1996, Stardust Circus had two performing elephants called Arna and Bambi. They had spent their entire lives in captivity, much of it together. Arna witnessed Bambi’s death from anaesthesia complications after treatment for an injured foot. Bambi fell and suffocated to death as a consequence of the treating veterinarian and staff failing to place her in a supportive sling for the surgery.

    Elephants are highly social animals and in recognition of that, the circus animal welfare standards require that elephants should not be solitary unless there are compelling reasons. In 2000 Animal Liberation NSW campaigned to have Arna transferred to the Western Plains Zoo given that she had been a solitary elephant for six years and this was causing her significant distress. Imagine a life alone and bound by foot shackles except when performing. Animal Liberation wrote to the then Director General of the Department of Agriculture, stating that if the annual permit was to be issued for Stardust Circus to keep Arna—therefore meaning she would be kept as a solitary elephant—then it would challenge that decision in the New South Wales Supreme Court. This was confirmed and Animal Liberation took Stardust Circus to the Supreme Court, arguing that Arna suffered psychologically as a consequence of her imposed solitude. I sought to have Arna—then in her mid-40s—paired with Gigi, a retired elephant from Ashton Circus. Animal Liberation lost the case but in 2001 Stardust Circus arranged for Gigi to join it.

    But the psychological damage had been done. In 2008, for reasons apparently unknown, Arna struck out against her handler. His injuries included a broken back and a ruptured aorta and were found to be the result of a “severe blunt trauma”, with the cause of death being a direct result of Arna crushing his upper back with her foot as he lay on the ground. However, I was informed by a trapeze artist at the circus that Arna’s and Gigi’s handler had beaten Gigi with a piece of 4 by 2 timber before approaching Arna.

    As I stated at the time, it has been proven that elephants who kill once will frequently kill again. Ashton Circus elephant Abu killed three workers: in 1974, 1983 and again in 1987. His partner at the time had been Gigi, who was later bought by Stardust Circus as the new companion for Arna. In response to public concern and a directive from the Department of Primary Industries, Stardust retired 53‑year‑old Arna and her companion elephant Gigi, 50, to the Western Plains Zoo, where they lived out their years free of shackles, long hours in the back of beast wagons, and the glare and noise of the circus ring. This tragic episode ended the sorry history of performing elephants in circuses.

    This brings me to the ongoing suffering of the remaining exotic animals in travelling circuses in New South Wales. Lions, camels and rhesus macaque monkeys are still exhibited and forced to perform for human entertainment. Animal circus owners tell us that because their lions have been bred for multiple generations in captivity and their macaques have been bred or sourced from zoos, and because the animals are shown affection as if they were companion animals and are extensively trained, they do not suffer from stress or boredom.

    In 2009, a University of Bristol study found that circus animals spend most of their days confined, with between 1 per cent and 9 per cent of each day taken up with performing or training and the remaining time spent in so‑called exercise pens. In other words, for at least 90 per cent of each day, the animals are in small, barren, temporary pens that are set up on the featureless, dusty or muddy back paddocks of New South Wales. Monkeys fare even worse, stuck in sterile cages that would be an animal welfare scandal if used in zoos.

    Exercise pens are significantly smaller than minimum zoo requirements for outdoor enclosures. Given that there is no difference between the needs of a lion in a zoo and the needs of a circus lion, what is the explanation or justification for that? The reality is that a profitable travelling circus could not have pens the size of zoo enclosures. The circus animal standards therefore allow for this anomaly based on a commercial imperative. The science, however, is very clear that wild animals such as lions cannot flourish in domesticated settings regardless of how long they have been bred in captivity. According to Price in 1999, the conditions of captivity:

    … constrain an animal’s behaviours and restricts appropriate, or allows inappropriate, social interactions, both intra- and inter‑specifically …

    According to Mason et al in 2001:

    Wild animals that have been bred for tens of generations in captivity still show extremely high motivation to perform certain activities seen in their wild counterparts … Be under no illusion that exotic circus animals are anything other than wild animals forced to adapt to and submit themselves to humans. They may have been hand reared, which makes them less fearful towards humans, and they may be described by their handlers as “tamed”, but they can never be considered domesticated. Indeed, in order to tame them, infant animals in circuses are regularly separated from their mother and hand reared. Studies by Dettling in 2002, McEwen in 2007 and Reimers et al in 2007 have shown that this increases stress‑related behaviour and can cause an elevated and prolonged stress response. These increased stress sensitivity effects can last into adulthood.

    Circus owners may speak of generationally breeding lions into docility but no studies have been undertaken to establish that selective reproduction has taken place. Genetically speaking, exotic animals in circuses are identical to their wild counterparts. They express similarly high motivation to perform their species‑specific behaviours and their instincts are unaffected. As a result, allegedly tamed exotic animals in captivity are often unpredictable and under stressful circumstances are likely to become aggressive. The University of Bristol study that I referenced earlier examined behaviour, health, living and travelling conditions and compared the conditions of non-domesticated animals in circuses with their counterparts kept in zoos. The study found:

    Circus animals spent a great amount of time performing stereotypies, such as head-waving, pacing and repetitive abnormal behaviours, especially when shackled or confined in beast wagons.

    Stereotypies are caused by a captive animal’s repeated attempts to adapt to its environment or by a dysfunction of the central nervous system. Locomotory stereotypies include pacing and similar behaviours. Oral stereotypies include repetitive movements with the tongue or repeatedly biting an object. An animal may also perform repetitive movements of the whole body without moving from one place to another, such as swaying. The category would include, for example, a stereotypy sometimes shown by primates that consists of the animal moving its body backwards and forwards while seated. Other stereotypies include excessive grooming, leading sometimes to hair loss and dermatitis.

    The motivation for locomotory stereotypies of carnivores is not known with certainty and is likely to result from the combination of several factors. Some studies suggest that lack of space is important, while others point to the inability to perform the normal behaviour of the species as the main cause. In carnivores, pacing is more common in those species that usually travel long distances in the wild. Regardless of how many generations have been born into captivity, all confined exotic animals are at risk of developing stereotypies due to confinement, boredom and the stress caused by the inability to perform normal behaviours. Stereotypic behaviour is particularly associated with performances in circus elephants and, in short, they are driven mad.

    The presence of stereotypies is indicative of poor welfare in circus animals. Inadequate diet and housing conditions, and the effects of repeated performances, can also lead to significant health problems. Circus animals travel frequently and the associated forced movement, human handling, noise, wagon movement and confinement are important stressors. Available evidence suggests that performing near spectators may cause severe stress to wild animals. This can be exacerbated by restricted movement options, harsh lighting, exposure to loud or aversive sounds, strange odours and extreme temperatures. For example, stereotypies increase when the music starts just before a performance. I have witnessed that myself.

    The type of training that is used affects the welfare of the animals. While we cannot be sure about the exact nature of training methods, any training procedures that include physical punishment will be stressful for and impose fear on the animals undergoing them. In the United States, People for the Ethical Treatment of Animals, known as PETA, has previously exposed the use of bullhooks on elephants in order to obtain their compliance. Although there is no conclusive evidence as to whether animals habituate to travel, confinement in beast wagons for long periods is a definite welfare concern.

    Circuses have a limited ability to make improvements such as providing increased space, environmental enrichment and appropriate social housing that zoos may be able to provide. Given the financial and physical limitations of circuses, social animals are often housed singly, or in groups smaller than the average in the wild, or in unnatural groupings. That prevents establishment of normal social dynamics and has significant consequences for behaviour and welfare. Consequently, the University of Bristol study found that the only non‑domesticated animals suitable for circus life would have low space requirements, simple social structures, low cognitive function, non-specialist ecological requirements and an ability to be transported without adverse welfare effects. None of the commonest species exhibited by circuses, such as elephants and large felids, meet those criteria. They concluded that the species of non-domesticated animals commonly kept in circuses appear the least suited to a circus life.

    Animal circuses are closing all around the world. The most famous in the United States, Ringling Bros. and Barnum and Bailey, made the decision to close earlier this year after almost 150  years in the business. They attributed the closure to changing community tastes in entertainment, and the community’s growing concerns regarding animal welfare. Forty-five countries have already banned or are transitioning to ban animal circuses, citing animal welfare concerns as the main reason. May New South Wales join Sweden, Costa Rica, India, Finland, Singapore, Switzerland, Norway, Austria, Belgium and other countries in moving to ban animals in circuses.

    The time is up for exotic animal circuses in this State. The circus families themselves know that they are the last generation to crack the whip against the majestic lion and the magnificent tiger. The shackles of countless generations of tortured elephants will never again be used to subjugate these magnificent gentle and intelligent giants. I respectively ask my fellow members to support this bill and give these animals the compassionate response they deserve. May their final years be spent in a sanctuary rather than in the confines of a beast wagon. I commend the bill to the House.

    Debate adjourned.

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