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Croc display not the right fit

A Brisbane pet shop owner has lost a bid to have a juvenile freshwater crocodile on display.

In the Queensland Civil and Administrative Tribunal (QCAT), Leichelle McMahon challenged a decision by the Department of Agriculture and Fisheries in December 2022 to refuse to grant her an exhibition licence under the Exhibited Animals Act 2015 (Qld) (EAA).

In a 20-page decision delivered yesterday, Member Lumb confirmed the department’s decision on the grounds that Ms McMahon’s management plan for the reptile was not up to scratch.

Crocodylus johnsoni is a Category B native animal under Section 34 of the EAA, with other animals including the dingo, echidna, koala, platypus and wombat.

The department submitted that under its policy, an application to exhibit such an animal must be primarily for public education, and not to promote or support commercial businesses.

It also submitted that Ms McMahon was not a suitable person to hold a licence because in 2021 she had been found guilty of four offences under the Animal Care and Protection Act 2001 (Qld), and her partner guilty of one offence, and that she did not disclose this information in the application.

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The offences involved failing to provide appropriate living conditions, and failure to provide appropriate treatment for injury, in 2017; and failure to provide appropriate treatment for injury, and unlawfully contravening a prohibition order, in 2019.

Ms McMahon was fined for the offences, which related to the care of turtles.

In deciding the suitability issue, Member Lumb considered factors including the age of the offences; that Ms McMahon and her partner were “well respected in the animal care world”; that Ms McMahon held several animal care qualifications; and that a veterinarian had provided a reference about the standard of care provided to reptiles at the pet store.

He said the alleged false answers provided by Ms McMahon in her application could be explained by the lack of a definition for “conviction” in the EAA.

“Assessing the evidence as a whole, I consider that it demonstrates that Ms McMahon is a person whose character and dedication to the care and welfare of animals makes her a suitable person to hold such a licence,” he said.

In deciding the policy issue, Member Lumb said he considered that it was impermissible to have regard to that part of the policy because it was not relevant to the review process.

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In deciding the management plan issue, Member Lumb pointed to evidence provided by a Biosecurity Queensland senior scientist that there was a lack of detail in relation to how Ms McMahon proposed to exhibit the crocodile, which was a particularly temperature-sensitive animal.

The scientist’s evidence had included that there was also a lack of detail in respect of a proposed feeding schedule, pond filtering, enclosure heating, and measures to be taken in the event the crocodile bit a child.

The scientist had also expressed concern at the animal’s inclusion in a “travelling collection” where there was no provision made for necessary temperature-control technology.

“I consider that a compliant management plan is necessary to further the purpose of the EAA to ensure that the relevant risks and relevant adverse effects associated with exhibiting and dealing with exhibited animals are prevented or minimised,”  Member Lumb said.

He said he was not satisfied the proposed plan complied with the EAA and consequently the refusal decision should be confirmed.

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