Phone: (02) 4787 8188
Fax: (02) 4787 9116
Email:  megalong@megalongcc.com.au

Office Hours 8am to 5.30pm

The RSPCA   EXPERIENCE

Has bureaucracy in NSW got out of control?

The NSW Government’s Animal Welfare Act with the RSPCA radical implementation, has been launched with  an unprecedented series of charges against our venue for lameness AND a ‘moderate’ worm count in 13 of our 100 horses.   Yet  despite the normal worming schedule being underway that very day 26/9/2007, 12 months later on 17^th Sept 2008- 13 charges have been laid against the proprietor for “failing to provide veterinary care”. Our concern is that 4 visits in a year constitutes overzealousness and actions beyond the call of duty.

We believe that we are not guilty of any acts of cruelty and only guilty of having thin horses that were bought from Camden Sales yard to stop them going to knackery during the drought and were trying to find homes for them.          The Inspectors not only got the horses wrong, breached us for a lame horse that had thrown a shoe, “thought a horse looked lame” and slammed 6 counts of breaches for our horses having a moderate worm burden.  Our horses are wormed every 3 months, shod every 6-8 weeks, left in pastures to graze and grow old – not sent off to the knackery, then hand fed when they have no teeth.

This now has set a precedence that any inspector can come onto your property without you knowing, take a blood sample and send you the bills, then take you to court 12 months later on trumped up charges to justify their action.

First Inspection

On 6th December, 2006,  RSPCA Inspector Lisa Maclean arrived at the property after a complaint by an ex-staff  member/competitor about horses being thin. I  suggested that the Inspector take a drive with me over the property to look at all the horses. I drew the Inspector's  attention to the horses that had been purchased from the sales that were destined to go to the knackery.  I also wrote a letter requesting that the frivolous complainant be chastised for wasting the RSPCA time and resources that the public were contributing to.

2nd Inspection

On Tuesday 4^th September 2007,  an other  NSW RSPCA Inspector Courtney Milton arrived at our  property with a complaint over thin horses  saying they were tired and that horses were being hidden away. 

I again encouraged Inspector Courtney Milton to accompany me on a tour of the whole property - 2000 acres,  to see not only the condition of the horses, but the property and its  feeding in its  pasture capacity as well.  This was in the end of winter and at the final stages of a severe drought. .

Initially I showed Inspector Courtney Milton a couple of horses that we had been hand feeding due to the age and coming in from the Camden Sales Yards.  I drew the Inspectors attention to our correspondence on 6th December 2006 that I had written in relation to vexatious complaints and the seemingly waste  of the money for the public  donations for the operations of the  RSPCA.

Subseqeuntly I took Inspector Courtney Milton all over the property and at the end of the inspection she pointed out a horse in one of our paddocks ( a Clydesdale called King)  and commented that I should be doing something to rectify the weight problem. I confirmed to her that as some horses had  been bought in from the Camden Sales Yard and some of the horses were not able to be ridden at all and would be going back to the sales yard unless we could find homes for them. Other horses are just been put there as they had come from the sales with weight problems  and that the country was in the middle of the worst drought in its history. 

 I also commented that the horses in question had picked up weight since our purchase. and had photographs to prove this.

 I indicated to Inspector Courtney that there were  4 thin and lame horses that were scheduled to go to the sales but the horse flu had embargoed all movements since 26^th August 2007.  One horse had been inspected by a potential owner, Buzz - but that person had then decided against taking the horse which was very aged and extremely lame.  

I had shown Inspector Courtney all our records  which indicate the use of the horses, their condition, the weights of the feeds given to them, the paddocks which they are housed and any vet call out sheets as well as their general sheets from the day we purchase them   We keep all our horse till old age and do not sent them off to knackery. 

3rd Inspection

On 26^th September 2007 to my surprise,  my staff informed me that again the RSPCA were at the entry to our Shenandoah property- two Inspectors as well as a Vet were there with a video camera about to undertake an inspection.  When I arrived that confirmed that they had total rights to enter the property and did not need my permission.  After they filmed me and notified me of both my rights and that anything I said would be used in a prosecution, I recounted that I was going to accompany them and that I was going have two staff members witness the inspection. Consequently I had my Farm Manager David Lane and Lisa – the senior horse guide accompany us.

I asked what Inspector Courtney was  trying to ascertain that warranted  a video camera to record the event for the propose of prosecution, and was advised that I did not have to accompany them.  I reassured them I had nothing to hide.

During the inspection on several occasions I asked why they were construing the horses which were thin and asking me questions which appeared to be vexatious.  I asked that the video tape record my concern as "to where this inspection was heading and why such provocative images were being taken"  I had my staff push the majority of horses into the picture so that their photos could not be singularly subjected to any  misrepresentation over the condition of the horses.

Towards the end of the inspection at around 3pm (which had started at 9.30am)  I queried why they concentrated and once again had filmed a horse that they had previously filmed and was known to be lame.(see Brandy)  

 I asked them what was the purpose of their questioning me as to why I did not know how many horses were on the property.  I also queried why it caused them such indignation during the filming as to the fact with them claiming I did not even know exactly how many horses were even on the property. I felt that I was being set up!

I responded that we have 4 properties that horses are moved sometimes daily  between them, and that I had 12 of my daughters horse here as Mudgee was in total drought and had no feed, that I even had horses over at my other property at Hartley.

The Inspectors then proceeded to my main property at Megalong Valley Farm with their three RSPCA vehicles and commenced photographing all my horses in the yard while at least 20 customers looked on as it was the middle of the School Holiday period.   We had two visitors from USA riding who were concerned as to whether they should even be riding.

I suffered a loss of trading for the day with 2 staff and myself being involved in this inspection till 4.30 in the afternoon.  Our venue was totally unattended during this time while we were absent from the reception area.

The outcome of the inspection was that Inspector Courtney relayed that there was 7 horses which she issued notices to have a vet attend as they appeared to be lame and that those horses should be treated for the lameness.  When I said that their lameness could not be treated and the only other alterative option was to have them put down and if that was the outcome that she desired.

I then requested that the RSPCA be in attendance when the horses were put down as I wished to have the media to also witness the process.   Of the horses that were “observed” to be lame the Inspector got the names wrong, observed from a distance, one having lost a shoe, causing the lameness, one being Shetland that could have incurred a stone bruise as they were not shod.

Two horses had been  directed to have  a vet “fix up”  one having a  bowed tendon and one having a navicular hoof , neither horses have not been ridden nor used in the past 5 years and are being pastured through affection, are in good health and sound. There is not remedy for these horses and they only remedy for them is to have them shot.

After spending 8 hours inspecting horses without a break, 7 horses were cited as they "appeared to be lame"  yet I told the Inspector in the first instance exactly what horses had hoof problems and why they were not used!

The result  a summons to appear to court 12 months later!

Case No  4 -Lameness caused by Navicular disease

Brandy the Bukskin bought at Camden Sales, (apparently was heavily sedated at the sale)- suffers from navicular disease- ie arthritis like condition in a small bone in the hoof. Is she ridden - no- does she wander over the property eating, grazing enjoying her life - yes! so why would we want to put her down or send her to the knackery?  If you want her - please let us know! otherwise RSPCA says we must eliminate her and her pain..

BEFORE

Brandy  at time of purchase

from Camden Sales Yards in March 2007

AFTER

Brandy at time of testing by Vet

in October 2007

Brandy  at October 2008

Brandy & King Oct 2008

King the Clydesdale horse which first caught the Inspectors attention-" you should be doing something about his weight - its not good enough!" . However he did not even rate a mention in the inspection! We are trying to get King's weight better and occasionally use him for riding to build up some muscle tone.

BEFORE

 King when arrived from Camden Sales Yards

in March 2007

AFTER

King at time of our Vets inspections 5th Oct 2007

Sugar  cited for lameness and worms.

Sugar the Stock horse mare had  too much energy for the average rider, but kept close to Tilly the quieter mare. We put them both out to build up weight.  Subsequently earlier this year Sugar was swapped with one of the regions most respected riders for another horse -Frosty

Sugar  with friend Tilly - 2 charges laid on

Sugar -lameness and worms

Lucky - 1 charge laid -  Worms .

Lucky -the grey mare- not so lucky- she was sent to the sales and would have ended at the knackery as she is blind in one eye.

Poor Lucky is blind in one eye!

the RSPCA as a Charitable? organisation

4th  Inspection

On 11th October 2007 while I was in Sydney having  lunch with 4 people I received a call again from David Lane the manager who informed that Inspector Courtney Milton  the  was again on the property. She wanted my staff to go out and muster in the horses. I responded that since they had the right of entry, and could go where ever they liked- they were quite welcome to go and look at whatever horses they wanted, for however long they wanted. Inspector Milton responded that if I did not get my staff to bring in the horses that she would get a helicopter and quad bikes to do so, but she did not want to do so  as it would only stress the horses.

By this stage I was exhausted with frustration as to what the RSPCA really wanted. To threaten us with helicopters and officers charging around on quad bikes was too much. 

5th Inspection

By this stage I had given up and advised the RSPCA that they could put down as many horses as they wanted

After our VET had inspected the horses and ascertained that the horses lameness  could not be remedied  again we had another inspection. This time I requested that the severely lame horse Buzz be "put down" as I had  indicated needed doing. I also stated that the horse should not have even left the Sales Yard full of sedatives and why the RSPCA did not prevent this happening. 

I advised the RSPCA that they  had my permission to put down any  horses as they desired as we were getting nowhere and some of our horses are over 30 years of age and retired and they seemed to be "nitpicking".

 I do not take lightly sending off horses to a knackery, when they can  graze on pasture and they are of a friendly, good natured disposition. I still maintain their health with regular drenching  and being a horse lover believe that they are a entitled to be able to graze in a paddock.

My feed bills are over and above the normal, and all horses are treated by a Master Farrier. 

I had been given 7 days to do something with the “lame horses” and believed it  to be totally abhorrent to have to put down perfectly healthy horses.

It was 12 months later that I received the notices to appear in court on charges of "failing to provide Vet Treatment - Worms or Lameness" on 19th November 2008.

FACTS

1. We had wormed the horses listed on the 29th September AS WE DO EVERY QUARTER. At the end of each period, of course there is a build up of worms - that is why we spend $1000 on drenching them each period.

2. Of the 7 horses listed for lameness,  we had a Vet in on 10th October, as it was still an embargoed period for the Equine Flue and Vets  were not permitted on properties unless it was a case of imminent death of a horse. The question is now, how long are horse owners guilty and commits an offence  when their horse are lame.

3. We had requested  written instructions  in order to comply with  the verbal directives from RSPCA Head Office as the Inspector  had mistaken a number of horses. We had already complied when we received the written instructions-so why institute prosecutions 12 months later?

Check out OLD Horses on you tube videos

Alice Horse no 14 -Charge :  Lameness

Alice was viewed from a distance and had lost a shoe. Was not lame through any degenerative reason.

Ginger Horse no 12 --Charge: Lameness

Ginger was purchased over 10 years ago and has had Laminitis the entire time.  He is a lovely horse around children, good to pat, and never any trouble.  We have tried resting him for 2 years, all type of remedial shoeing, medications and nothing has worked. So we leave him out in the back paddocks to graze and simply enjoy his days. If the RSPCA feels that he needs to be put down - they have been advised they can come and do it.

Currently Ginger has moderate lameness and is not used for any riding whatsoever and leading a natural horse's life (except that he is drenched every 3 months)

Polish Horse no 18- Charge : Worms

The worming preparation had been ordered the day prior to the "surprise visit " of the RSPCA - we normally worm(drench) our horses at school holiday periods when we have more staff and all horses can be bought in. The horses were drenched in normal occurrence on Saturday 29th/30th September, 2007.

We drench every 3 months and rotate our drenches according to the seasons.  The horses were previously treated with IMAX Ivermectin on 29/30th June 200.

Prior to this they were treated with Panacur and prior to this for the previous year

Invoices for product over 12months are as follows:

28/02/2007 10 x  Imax Gold 100ml  $750

26/06/2007 12 x Imax Gold 100ml   $900

25/09/2007 12 x Imax Gold 100 ml  $924

17/01/2008  12x  Imax Gold 100ml  $924

Moose Horse no 19 - Charge : Worms

Moose is a very aged old Clydesdale, hard to get weight on him, even with 3 feeds a day. But he is a lot better than 12 months ago..

Garys Mare Horse no 11-Charge-Lameness

Garys Mare was purchased 10 years ago and always has had a bowed tendon. Sometimes she gets silly and runs in with "the mob"  and then she gets a little lame. But we try to keep her out the back. She does not get ridden at all, and really never did!

 Kiwi Horse no 19 - Charge: Worms

Kiwi was bought from the Sales Yard with another aged companion. It has taken a long time to get both these old horses into condition.

Jellybean Horse no 21- Charge:Lameness

Jelly bean is over 30 years old, she has very few teeth. She is not used for riding and is had fed twice a day. Children come to the venue just to pat Jellybean- it is their favourite. Jellybean was confused with another black pony "Boady' that we said we stopped using that day due to it being lame.

It was indicated that she should be put down!

In defense of old horses - so why do we keep them? read why horse owners love their horses

The Current  Situation and ramifications for any Horse Owner in NSW

Effectively this  means  that now under the NSW Act that any animal owner in NSW can be subjected this happening. You face the prospect of an RSPCA Inspector working under the gamut of the NSW Laws coming onto your property, taking a blood sample and charging you for your animal having any amount of worms!

Outline of  Charges  laid on 17th September 2008 7 charges of Lameness,  6 Charges of Worms"

FAILING TO PROVIDE VETERINARY TREATMENT - Being the person in charge of an animal, to wit, did fail where it was necessary for the animal to be provided with veterinary treatment for a period of time to provide it with that treatment

 RSPCA FACT Sheet accompanying charges

We feel that there is no need for the RSPCA to engage in "raids" - on our property and it  is  unreasonable practise for them to  access themselves to a property that is constantly being used for filming work, when we have encouraged them  to inspect the entire property and  actually put them in our cars to do so. The property is quite large and is used for all types of commercial ventures and to access it without informing is an impost on those companies who pay leasing rights for exclusitivity.

This is a very arrogant  abuse of a NSW Government Law  and we  fail to understand nor appreciate as to what outcomes the RSPCA intended.

So we need your support - please visit our venue and see for yourself - then  sign our petition or contact the RSPCA 

or  the Minister of Agriculture the Hon Ian MacDonald

macdonald.office@macdonald.minister.nsw.gov.au as there should be  a review on the right of entry under the NSW Animal Act.

Access to your property without you being advised is not undertaken in other States- by courtesy, they  approach an owner in the first instance, unless an animal is in danger of dying or extreme pain or neglect.