A 45-dog puppy farm in Loddon Shire which has operated for years without a permit could be forced to shut down after council officers found conditions on the farm were unsuitable for breeding dogs.
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The owner of the business attempted to gain a retrospective planning permit to keep 25 female and five male cavaliers, pugs and pugaliers.
But Loddon Shire officers have recommended that the application be refused, and the matter will go to a vote at the shire meeting on Tuesday.
New laws were passed in Victoria in December, banning breeders from having more than 10 breeding females from April 2020.
To obtain a permit, the puppy farm would need to bring the number of females down to 10 and upgrade the facility. Operating a domestic animal business without a permit could also be illegal.
In a letter to council, Loddon Shire planning compliance officer David Price said there were concerns about the standard of the facility, the lack of a buffer to neighbouring properties and little information about bringing the farm up to standard.
“The current standard of facilities and conditions the dogs are being housed in do not comply with the code of practice and therefore the premises cannot be considered for registration,” he wrote.
If a permit is refused, the RSPCA could be required to seize the dogs.
The property owner told the Bendigo Advertiser it was unclear what would happen if a permit was refused. He said previous Loddon Shire officers had assured him the farm was “fine”, but new officers notified him that it no longer complied.
“We are happy to comply,” he said.
The council became involved again 10 months ago and had site inspections with the RSPCA.
The dogs are kept in pens and there is a whelping room.
Six dogs were surrendered to an animal shelter last year suffering from mange, poor dental health, heart murmurs and skin conditions.
All of the dogs were rehomed, but a worker at the animal shelter said they were required to stay in their care for longer than usual due to their poor health.
The business is continuing to sell puppies on Facebook and The Trading Post, charging up to $1500.
Oscar’s Law founder Debra Tranter said it was clear the RSPCA was aware of the case, and it was concerning that they had not moved to shut the business down.
“It is outrageous and unacceptable that the RSPCA visited this illegal puppy factory over a period of 10 months whilst failing to enforce the law or seize the dogs forced to endure conditions in breach of the code,” she said.
RSPCA Victoria inspectorate team leader Lisa Calleja said the RSPCA has carried out recent compliance – some of which has resulted in prosecution – with the City of Ballarat.
She said the RSPCA had been working with Loddon Shire in relation to the pugalier farm since early last year, and enforcement power had recently increased.
“RSPCA Victoria Inspectors have attended the property on numerous occasions and have issued instructions to the property’s owner regarding their compliance with the Prevention of Cruelty to Animals Act 1986 (POCTAA) and the Domestic Animals Act 1994 (DAA),” Ms Calleja said.
“Historically, RSPCA Victoria’s Major Investigations Unit has had limited powers of enforcement under the DAA and our Inspectors have acted within those powers in regards to this matter.
“However, under the Domestic Animals Amendment (Puppy Farms and Pet Shops) Act 2017, as of 10 April 2018 the MIU’s powers of enforcement have increased, and RSPCA Victoria Inspectors are working alongside Loddon Shire Council in the ongoing investigation of this property.”
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