Biosecurity (Animal Identification Systems) Regulations 1999

BIOSECURITY (ANIMAL IDENTIFICATION SYSTEMS) REGULATIONS 1999 MICHAEL HARDIE BOYS, Governor-General ORDER IN COUNCIL At Wellington this 24th day of May 1999 Present: His Excellency the Governor-General in Council PURSUANT to sections 50, 165 (c), and 165 (x) of the Biosecurity Act 1993, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following regulations. ANALYSIS 1. Title and commencement 2. Interpretation 3. Requirement to use identification system for cattle for bovine tuberculosis control 4. Requirement to use identification system for deer for bovine tuberculosis control 5. Wild Animal Control Act 1977 6. Suspension of approval of identification system 7. Use of suspended identification system 8. Revocation of approval of identification system 9. Procedure for suspension or revocation of identification system 10. Offence REGULATIONS 1. Title and commencement---(1) These regulations may be cited as the Biosecurity (Animal Identification Systems) Regulations 1999. (2) These regulations come into force on 1 July 1999. 2. Interpretation---In these regulations, unless the context otherwise requires, ``Cattle'' means any member of the Bovidae family; and ``cattle beast'' has a corresponding meaning: ``Herd'' means (a) A group of cattle, or deer, or cattle and deer, that is managed as 1 unit; (b) A group of cattle, or deer, or cattle and deer, that is kept within the same enclosure or behind the same fence: ``Herd of origin'' means the herd with which a cattle beast or a deer is, for the time being, grazing: ``Identification system'' means any system approved under section 50 (1) of the Biosecurity Act 1993 and notified in the Gazette in accordance with section 50 (5) of that Act: ``System administrator'', for an identification system, means the person specified in the Gazette notice under section 50 as the person administering the system. 3. Requirement to use identification system for cattle for bovine tuberculosis control---(1) Every person who owns or is in charge of a cattle beast aged 30 days or more must use an identification system, approved for the purpose of enabling the identification of cattle, to identify each cattle beast in the following circumstances: (a) When the cattle beast is moved to a herd, a place of slaughter, or a place of show (i) From the herd of origin; or (ii) From the place or establishment at which the cattle beast is being kept: (b) When the ownership of a herd of cattle is wholly or partially transferred, whether by sale, lease, gift, or other means and that herd is moved from the place or establishment at which it is kept. (2) The cattle beast must be identified in accordance with an identification system before it is moved in accordance with subclause (1). (3) This regulation does not apply to a cattle beast when moved from a transitional facility to a herd, or the place or establishment at which the cattle beast will be kept. (4) Until 1 July 2001, this regulation does not apply to a cattle beast born before 1 July 1999. 4. Requirement to use identification system for deer for bovine tuberculosis control---(1) Every person who owns or is in charge of a deer aged 30 days or more must use an identification system, approved for the purpose of enabling the identification of deer, to identify each deer in the following circumstances: (a) When the deer is moved to a herd, a place of slaughter, or a place of show (i) From the herd of origin; or (ii) From the place or establishment at which the deer is being kept: (b) When the ownership of a herd of deer is wholly or partially transferred, whether by sale, lease, gift, or other means and that herd is moved from the place or establishment at which it is kept. (2) The deer must be identified in accordance with an identification system before it is moved in accordance with subclause (1). (3) This regulation does not apply to a deer when moved from a transitional facility to a herd, or the place or establishment at which the deer will be kept. (4) This regulation does not apply to a deer when that deer is moved to a hunting estate (as defined in the National Bovine Tuberculosis Pest Management Strategy operational plan in force on 1 July 1999). (5) Until 1 July 2001, this regulation does not apply to a deer born before 1 July 1999. 5. Wild Animal Control Act 1977---If the operation of section 9 (1) of the Wild Animal Control Act 1977 gives the Crown the ownership of a deer, that ownership does not of itself make the Crown subject to any obligation under these regulations. 6. Suspension of approval of identification system---(1) The Director-General may suspend the approval of an identification system (a) At the request of the system administrator; or (b) If the identification system is not efficiently or effectively achieving any 1 or more of the purposes of section 50 (2) of the Biosecurity Act 1993; or (c) If 1 or more parts of the identification system are not being implemented by the system administrator. (2) An identification system may be suspended for an indefinite period or for a time fixed by the Director-General. 7. Use of suspended identification system---(1) Unless subclause (2) or subclause (3) applies, no person may use an identification system if that system has been suspended in accordance with regulation 6. (2) A person who, at any time, owns or is in charge of an animal identified by an identification system at the date of suspension of that system, may continue to use that system for that animal. (3) A person who, at any time, owns or is in charge of a herd identified by an identification system at the date of suspension of that system, may use the system to identify any animal born into that herd or moved to that herd. 8. Revocation of approval of identification system---The Director-General may revoke the approval of an identification system (a) At the request of the system administrator; or (b) If the identification system is not efficiently or effectively achieving any 1 or more of the purposes of section 50 (2) of the Biosecurity Act 1993; or (c) If 1 or more parts of the identification system are not being implemented by the system administrator; or (d) If an identification system is being used by less than 5% of persons required to use an identification system; or (e) If a significant proportion of users are not complying with the identification system. 9. Procedure for suspension or revocation of identification system---(1) Before suspending or revoking an identification system, the Director-General must (a) Give the system administrator (i) Written notice that the Director-General proposes to suspend or revoke the identification system; and (ii) The reasons for the proposed suspension or revocation; and (b) Invite the system administrator to make written submissions on the proposal within 20 working days of receipt of the notice. (2) The Director-General must consider any submissions received from the system administrator before making a decision under this regulation. (3) If a decision to suspend or revoke an identification system is made by a person acting under a delegation from the Director-General, then the system administrator may request the Director-General to reconsider the decision, and the Director-General must do so. (4) If an identification system is suspended or revoked in accordance with this regulation, the suspension or revocation must be notified in the Gazette. (5) Subclauses (1), (2), and (3) do not apply if an identification system is suspended or revoked at the request of the system administrator. 10. Offence---A person commits an offence against these regulations who breaches regulation 3 or regulation 4. MARIE SHROFF, Clerk of the Executive Council. Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 27 May 1999. These regulations are administered in the Ministry of Agriculture and Forestry.