Animals (Diseases) Regulations (Cap. 96)

Animals (Diseases) CAP. 96 5 This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA ANIMALS (DISEASES) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Short title 2. Interpretation 3. Licence to import animals 4. Importation of animals other than dogs or cats 5. Importation of dogs or cats from scheduled countries 6. Importation of dogs or cats from unscheduled countries 7. Animals infected with disease 8. Conditions may be attached to licence 9. Animal having scheduled disease 10. Power to seize animals 11. Procedure regarding animals seized under regulation 10 12. Notice of seizure 13. Quarantine areas 14. Slaughter of restricted animals for consumption 15. Notification of animal deaths 16. Control of animals, etc 17. Movement of restricted animals 18. Offences 19. Scale of fees ANIMALS (DISEASES) REGULATIONS – SECTION 3 (Legal Notices 6 of 1950, 14 of 1950, 24 of 1955, 10 of 1956, 6 of 1958, 11 of 1960, 29 of 1966, 4 of 1967 and Ord. 2/1967) Short title 1. These regulations may be cited as the Animals (Diseases) Regulations. Interpretation 2. In these regulations, unless the context otherwise requires— “effective wire cage muzzle” means a muzzle of wire so constructed as to render it impossible for the animal wearing it to bite any person or animal but not so as to prevent such animal from breathing freely or lapping water; “infected area” means any area declared by the Council Committee, by notice in the Gazette, to be an infected area in accordance with regulation 16 of these regulations; “parrot” means any bird of the order Psittaciformes, inncluding any of the birds commonly called parrots, parakeets, budgerigars, love birds, macaws, cockatoos, cockatiels, conures, lories and lorikeets; 6 CAP. 96 Animals (Diseases) This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA “public place” includes any street, highway, thoroughfare, bridge, park, garden or pleasure ground, and any unenclosed land or other place to which the public or any part of the public have for the time being access; “restricted animal” means any animal of any class or classes of animals, specified by the Council Committee, by notice in the Gazette, declaring an area to be an infected area; “scheduled disease” means a disease named in the Second Schedule to these regulations. Licence to import animals 3. 5 No animal shall be imported or brought into St. Helena except under licence previously granted by the authorised officer and upon production of a veterinary certificate conforming to the requirements as laid down by the authorised officer at the time of granting the import licence: Provided that no parrots or monkeys may be imported into St. Helena under any conditions whatsoever. Importation of animals other than dogs or cats 4. 6 Any animal, other than a dog or cat, imported under licence granted by the authorised officer shall be detained in quarantine at the expense of the owner, or other person having charge of the animal, for a period of not less than one month or more than six months. Importation of dogs or cats from scheduled countries 5. 7 (1) Any dog or cat imported directly into St. Helena from one of the countries specified in the First Schedule to these regulations may be imported without detention in quarantine if the prescribed veterinary certificate states that— (a) such dog or cat is in good health and free from symptoms of infectious and contagious diseases; and (b) there has been no rabies among unquarantined dogs and cats or other animals in the country from which such dog or cat was exported during the six months immediately preceding the exportation of such dog or cat; and if such dog or cat has been in quarantine in such country, that it has completed a six months period of quarantine: Provided that if any dog or cat so imported has during the period of transportation been in contact with any other cat or dog other than a dog or cat— (i) in respect of which a certificate in the terms prescribed in this paragraph of this regulation has been given; or (ii) which has been released from quarantine in any of the countries specified in the First Schedule to these regulations as being free of rabies, it shall be detained in quarantine, at the expense of the owner, or other person having charge of the animal, for a period of not less than six months or more than nine months. (2) This regulation shall apply to a dog or cat imported directly into Ascension from St. Helena or into St. Helena from Ascension as if St. Helena and Ascension were countries specified in the First Schedule to these regulations. 5 Regulation 3 amended by L.N. 10/1956 6 Regulation 4 inserted by L.N. 10/1956 7 Regulation 5 amended by L.N. 10/1956 and L.N. 29/1966 Animals (Diseases) CAP. 96 7 This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA Importation of dogs or cats from unscheduled countries 6. 8 Any dog or cat imported into St. Helena from any country not specified in the First Schedule to these regulations, upon production of a veterinary certificate stating that such dog or cat is in good health and free from symptoms of infectious and contagious diseases, shall be detained in quarantine at the expense of the owner, or other person having charge of the animal, for a period of not less than six months or more than nine months. Animals infected with disease 7. 9 The authorised officer, if he has reasonable cause to believe that any animal is infected with any disease scheduled in the Second Schedule to these regulations may, at his discretion, and whether he has previously granted an import licence in respect of the animal or not, refuse to permit the introduction of such animal into St. Helena, and in so doing shall not be liable for any loss caused to the owner or other person having charge of the animal. Conditions may be attached to licence 8. The authorised officer may insert in any licence granted under these regulations, approving the introduction into St. Helena of any imported animal, such conditions as may be considered necessary or desirable for regulating or prescribing— (a) the mode of introduction, and the period and method of detention and isolation of the animal; (b) the person or persons by whom and the premises on which the animal shall be detained and isolated; (c) the movement of the animal to the place of detention; (d) the confinement of the animal in a suitable hamper, crate, box or other receptacle, or the muzzling of the animal during its movements along a highway or thoroughfare; (e) the mode of isolation of the animal; (f) the notice to be given of the death or the loss of the animal, or of any matter arising in connection with the movement, detention or isolation of the animal, and the persons by whom and to whom the notice is to be given; and (g) generally in regard to any matter which the circumstances of the case may reasonably require. Animal having scheduled disease 9. Every person having in his possession or under his charge an animal infected or believed to be infected with any scheduled disease shall— (a) keep that animal separate from animals not so infected until such time as the animal is seized under the provisions of regulation 10 or the authorised officer orders otherwise; and (b) with all practicable speed give notice of the fact to the authorised officer, to the Chief Medical Officer, and to the constable in charge of the nearest police station. 8 Regulation 6 inserted by L.N. 10/1956 9 Regulation 7 inserted by L.N. 10/1956 8 CAP. 96 Animals (Diseases) This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA Power to seize animals 10. It shall be lawful for the authorised officer or any person acting under his orders, any constable, customs officer, or sanitary inspector, to seize— (a) any animal imported in contravention of the provisions of regulation 3; (b) any animal which is so kept as not to comply with any of the terms of the licence in pursuance of which it was imported; (c) any animal which has been infected with any scheduled disease or has been exposed to such infection, or is reasonably suspected of having been so infected or exposed; (d) any animal which is not muzzled or kept under control in the manner directed by the authorised officer. Procedure regarding animals seized under regulation 10 11. (1) Where an animal is seized in pursuance of regulation 10(a) or (b), the authorised officer may detain the animal in quarantine for so long as he deems necessary or may release the animal to the custody of the owner or person in charge, subject to such conditions as he deems fit to impose. (2) Where any animal is seized in pursuance of regulation 10(c), such animal shall be detained for such period as the authorised officer deems necessary in any place of isolation appointed by him for the purpose, and if, having regard to the history, health or condition of such animal, the authorised officer is of the opinion that it should be destroyed, the animal shall be destroyed in a manner to cause as little pain as possible. Notice of seizure 12. (1) Where any animal seized in pursuance of regulation 10 is not destroyed or disposed of in the manner prescribed by regulation 11, there shall be served on the owner or keeper, if he be known, of the animal a notice in writing stating that the animal has been seized and will be liable to be sold or destroyed if not claimed within five clear days after the service of the notice. (2) Where the owner or keeper of any animal so seized does not claim it within five clear days of the service of a notice as aforesaid, or, if such owner or keeper cannot be ascertained, then within a reasonable period, and if such owner or keeper does not in either case pay all the expenses incurred in the detention of the animal, such animal may be sold or may be destroyed in a manner to cause as little pain as possible. (3) Where an animal is destroyed or sold in pursuance of subregulation (2), the owner or keeper, if he be known, may be required to pay the expenses of the seizure, detention, and sale or destruction of such animal, or the balance thereof remaining after deducting the proceeds of the sale, if any. Quarantine areas 13. (1) The Committee may by notice in the Gazette declare any place to be a quarantine area for such period as it may consider necessary. (2) No person shall under any pretext whatsoever enter any place which has been declared to be a quarantine area under subregulation (1) unless he is the holder of a written Animals (Diseases) CAP. 96 9 This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA permit signed by the authorised officer, who may attach to such permit such conditions as he may consider necessary, and may grant or refuse a permit at his discretion. (3) Any person who shall enter any place which has been declared to be a quarantine area under the provisions of subregulation (1), without a permit issued in accordance with subregulation (2), or who, being the holder of a permit, fails to carry out the conditions stated thereon, shall be liable to prosecution under the Animals (Diseases) Ordinance. Slaughter of restricted animals for consumption 14. (1) No restricted animal in an infected area shall be slaughtered for consumption. (2) No restricted animal outside an infected area shall be slaughtered for consumption except in the presence of the Sanitary Inspector. Notification of animal deaths 15. Should any animal, except an animal which has been slaughtered in a registered slaughter-house in Jamestown, or elsewhere with the permission of the Sanitary Inspector, die, either from natural causes or through accident, the person having such animal in his possession or under his charge shall, within four hours, report the death of such animal to the office of the Chief Agricultural and Natural Resources Officer 10 . Control of animals, etc 16. 11 (1) Should the Committee have reasonable cause to suspect the presence of any disease scheduled in the Second Schedule to these regulations in any area, the Committee may declare such area to be an infected area for such class or classes of animals as they shall deem necessary. (2) Where the Committee has declared any area to be an infected area, the authorised officer may— (a) issue such instructions as he shall deem necessary for the purpose of controlling the movement of restricted animals or parts thereof, into, within or out of such area; (b) order such measures to be taken as he shall deem necessary for the cleaning and disinfecting of infected places or areas or parts thereof; (c) order such measures to be taken as he shall deem necessary for the destruction, burial, disposal or treatment of carcases, fodder, litter, utensils, pens, animal housing, drug or other things being in an infected place or area or removed thereout. (3) The Committee may at any time by notice in the Gazette direct that every animal or class of animals specified in the notice shall at all times— (a) whilst in or on any public place be efficiently muzzled with an effective wire cage muzzle; and (b) whilst in or on any other place be kept under control by being— (i) confined in a kennel or other enclosure from which the animal cannot escape; or (ii) secured to some premises by a collar and chain; or (iii) efficiently muzzled with an effective wire cage muzzle; or (iv) accompanied by the owner or some person deputed by him and under effectual control. 10 Gazette Notice No. 63 of 1 July 2011: Title changed to Director of Agriculture and Natural Resources 11 Regulation 16 amended by L.N. 4/1967 10 CAP. 96 Animals (Diseases) This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA The words ―other place‖ appearing in subregulation (3)(b) shall not be deemed to include any vessel unless the same shall be alongside any wharf, quay, jetty or other public place. Movement of restricted animals 17. No person shall move or cause to be moved, except under the authority of a written permit signed by the authorised officer, who may grant or refuse such a permit at his discretion and impose thereon such conditions as he may deem necessary, any restricted animal or part thereof, into, within or out of an infected area. Offences 18. If any person contravenes or fails to comply with any of these regulations, or any order, instruction, or direction given, or requirement imposed, under any of these regulations, he shall be guilty of an offence against that regulation, and shall be liable to prosecution under the Animals (Diseases) Ordinance. Scale of fees 19. The scale of fees set out in the Third Schedule to these regulations shall be charged in respect of the several matters to which they relate. FIRST SCHEDULE (Regulation 3) Great Britain Northern Ireland Republic of Ireland SECOND SCHEDULE (Regulation 3) Actinomycosis Anthrax Bee diseases— Acarine, Amoeba and Nosema Diseases; Apimyasis; Brood Disease Black-quarter Bovine Mastitis Bovine piroplasmosis including East Coast Fever and Redwater Brucellosis in cattle and goats Canine distemper Cattle Plague or Rinderpest Contagious pleuro-pneumonia of cattle Epizootic Lymphangitis Foot and Mouth Disease Animals (Diseases) CAP. 96 11 This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA Fowl Cholera Fowl Plague Fowl Typhoid Glanders (including Farcy) Johne‘s Disease Lumpy Skin disease Newcastle Disease Psittacosis Psoreptic and Sarcoptic Mange in animals other than sheep Pullorum Distemper Rabies Sheep Pox Sheep Scab Swine Erysipelas Swine fever Trypanosomiasis Tuberculosis THIRD SCHEDULE (Regulation 19) For the detention in quarantine of— (a) dogs and cats, per animal for each week or part thereof 25 pence (b) all other animals per animal for each week or part thereof 50 pence (c) birds, per dozen, birds or part thereof, for each week or part thereof 25 pence and in addition a charge for maintenance (payable in advance) for each week or part thereof at a rate to be fixed by the authorised officer.