Wildlife Zoo Regulations

28/2019 WILDLIFE CONSERVA"flON ANO MANAGEMENT COMMfSSION .,. 1!tl,t ettittal 49a1tttt OF GUYANA Published by the Authority of the Government 327 GEORGETOWN, SATURDAY 9TH FEBRUARY, 201 9 Government otices Bank of Guyana Estimates 2019 Land Court Miscel laneous Execution Sales ... TABLE OF' CONTE 'TS FIRST SUPPLEMENT LEGAL SUPPLEME T Transports, Mortgages and Leases Lands and Surveys Land Registry Commercial Registry A. ACTS- IL B. SUBSJDI RY LEGISLATIO Regulatio ns o.2of2019 - The Wildlife Conservation and Management Commission ... C. BILL - IL PAGE 328 335 336 342 345 333 343 390 395 404 9 THE OFFICIAL GAZETTE 9TH FEBRUARY, 2019 GUYANA LEGAL SUPPLEMENT - B REGULATlONS MADE UNDER No. 2 of 2019 THE WILDLIFE CONSERVATION AND MANAGEMENT ACT These regulations are made by me, in exercise of the powers conferred upon me, by section 83( 1) of the Wildlife Conservation and Management Act. Section 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Arrangement of Sections PART I - PRELIMINARY Citation and Commencement. Interpretation PART U - OBJECTIVES AND APPLICATION Objectives and application of Regulations Objectives of Zoo operations PART III - ADMINISTRATION The Guyana Wildlife Conservation and Management Commission PART IV - LICENSING Application Contents of Application Consideration of Application Giant Refusal 10 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23 24. 25. 28. 29. 30. 31 THE OFFICIAL GAZETTE !"LFGAL SUPPi EMENTj - B Duration Revocation, Suspension, or Amendment Renewal PART V-INSPECTION Statutory Periodic Special Authorisation Acquisition Quarantine PART VI - ANIMALS Movement and transfer Holding Diseases Death PART VII - ZOO OPERATIONS Techhical Design Construction Functions Staffing Ge~eral Safety of Visitors Private Rules Registers and Records Closure Plan 9ntFEBRUARY, 2 )19 12 Citation Interpretation THE OFFICIAL GAZETTE [LFGAL S u 1>PLEMENT] - 8 9TH FEBRUARY, 2019 1. 2. PART I - PRELIMINARY These Regulations may be cited as the Zoo Administration and Management Regulations, 20 I •.• and shall come into force on .. ... In these Regulations unless the context otherwise requires "Act" means the Wildlife Conservation and Management Act; "animals" includes all vertebrates and invertebrates or any parts and derivatives thereof,; "animal enclosure" accommodation provided for animals in a zoo; "Commission" means the Guyana Wildlife Conservation and Management Commission established by Section 4 of the Act; "euthanasia" bringing about a humane death without unnecessary pain or suffering; "licence" means a licence granted under these Regulations; "species" includes any sub-species, variety, form or geographically separate population, whether wild or domestic, of any species; "specimen" means a single item of wildlife (living or non-living) and any part or derivative ofit; "zoos" means all permanent establishments where animals of wild species are kept for exhibition to the public for 7 or more days a year, and for the achievement of the obje.ctives set out in Regulation 4, with THE OrFICL\L GAZETTE [LEG-\L Sl PPLL\llNT] - B 9 111 FE13RUAR.Y, 2019 32 33. 34. 35. First Schedule Commission Action on Closure PART VIII - MISCELLANEOUS Penalties Pre-Regulation operations Amendment of Schedule 1 Regulatory Agencies 11 12 Citation Interpretation THE OFFICIAL GAZETTE (LEGAL S t.:PPLFMENT] - B 9TH FEBRUARY, 2019 2. PART I - PRELIMINARY These Regulations may be cited as the Zoo Administration and Management Regulations, 20 l ... and shall come into force on ..... In these Regulations unless the context othe.rwise requires "Act" means the Wildlife Conservation and Management Act; "animals" includes all vertebrates and invertebrates or any parts and derivatives thereof,; "animal enclosure" accommodation provided for animals in a zoo; "Commission" means the Guyana Wildlife Conservation and Management Commission established by Section 4 of the Act; "euthanasia" bringing about a humane death without unnecessary pain or suffering; "lict.'tlce" means a licence grnnted under these Regulations; "species" includes any sub-species, variety, form or geographically separate population, whether wild or domestic, of any species; "specimen" means a single item of wildlife (living or non-living) and any part or derivative of it; "zoos" means all permanent establishments where animals of wild species are kept for exhibition to the public for 7 or more days a year, and for the achievement of the objectives set out in Regulation 4, with THE OFFICIAL GAZETTE fLrG-\L SuPPLD,lENT] - B 9TII FEBRUARY, 2019 13 Objectives and application of Regulations Objectives of Zoo Operations 3. 4. the exception of circuses, pet shops and premises licensed or unlicensed under the laws governing the impon, export, conservation and management of animals. PART II - OBJECTIVES AND APPLICATION The objectives of these Regulations are to (a) Provide a framework for the administration and management of zoos; and (b) Establish and define procedures for the operation of licensed zoos. Zoos shall have as part of its objeclives the following : (a) participating in the following conservation measures: (i) research from which conservation benefits accrue 10 the species or ecosystems; (ii) training in relevant conservation skills; (iii) the exchange of information relating to species conservation; and (iv) where appropriate, captive breeding, repopulation or reintroduction of species into the wild; 14 THE OFFICIAL GAZETTE [ LEGAL St.:PPLEMENT] - B 9TH FEBRUARY, 2019 The Guyana Wildlife Conservation and Management Commission Application 5. 6. (b) promoting public education and awareness in relation to the conservation of biological diversity. PART Ill - ADMINISTRATION The Commission established under the Act, shall be responsible for the administration of these Regulations and shall, without prejudice to the provisions contained in the Act and other regulations, discharge the following fwictions: (a) Accept, consider, process and grant applications for licences; (b) Revoke, modify and amend licences; (c) Authorise inspections; ( d) Accept and consider inspection reports; (e) Monitor zoo operations and activities; (f) Establish guidelines for the oper.1.tion of zoos; and (g) Enforce these Regulations. PART IV- LICENSING (l) A person who wishes to establish a zoo shall before commencing operations submit an application in writing to the Commission. THE OFFICIAL GAZE'ITE [LEGAL SUPPLE).,!ENT] - B 9lll FEBRUARY, 2019 ContenlS of Application 7. (2) An application referred to in subsection (1) shall be accompanied by the prescribed fee, which fee shall be payable to the Commission. (3) An application referred lo in subsection (1) shall be made in compliance with the authorisation provisions of the Act. ( 4) Notwithstanding the provisions of subsection(3), an application to the Commission for a Licence shall not be entertained by the Commission unless, at least two months before making it, the applicant has given notice in writing to the Commission of his or her intention to make the application, has published notice of that intention in one newspaper with national circulation and has exhibited a copy of that notice at the site. An application for a licence shall contain: (a) the name and address of the applicant; (b) if different from the applicant, the name, address and telephone number of the owner of the premises on which the zoo is constructed along with a signed letter from the owner indicating consent for the use of the premises as a zoo.; (c) an identification of the proposed location of the zoo; (d) the land use in the areas surrounding zoo; (e) the proposed design for the zoo; 15 16 THE OFFICI AL GAZETTE [LFGAI SLPPLEMENTj 8 9TII FEBRUARY, 2tl l9 Considerations of Application 8. (f) a plan to achieve the objectives of zoo operations set out in Regulation 4; (g) the proposed monitoring plan for the zoo; (h) the technical expertise and experience of the applicant and sta ff in relation to the operation of the. zoo; (i) the approximate numbers and categories of staff employed or to be employed by the zoo; (k) the infonnation contained in Part VU of these regulations; (I) a list in taxonomic order using the scientific name and the common name of the species, or, where appropriate, the sub species, of animals kept or to be kept for exhibition at the zoo; (m) the approximate numbers of each species of those animals; (n) appropriate evidence of the prior notification of the regulatory agencies identified in the First Schedule; and (o) any other infonnation that is reasonably required by the Commission for the purposes of these Regulations. The Commission, before approving an application for a licence: (a) shall consider all objections and information made available to it; Tl IE OFFIC IAL GAZE l'TE [ L t:GAL S t:l'PLEMCNT] - 13 9111 FEBRUARY, 2019 17 Grant 9. (b) shall carry out an inspection in order to detennine whether or not the licensing conditions or proposed licensing conditions can be met by the applicant; (c) consider the report of any inspections carried out under Regulation 14; and (d) may, request additional infonnation from the applicant. (1) Where the Commission is satis fied that there are good reasons for b'TUnting the licence, based on the compliance with these Regulations, the Commission may grant the licence. (2) Upon the grant of the licence the applicant shall be issued an appropriate licence upon payment of the prescribed fee. (3) A licence may be granted subject to the following conditions (a) that the licence holder carries out asscssme11t, monitoring and evaluation of risks; (b) that the licence holder take out a policy of insurance against liability for damage caused by animals; (c) that the licence holder take precautions against the escape of animals; (d) that the licence holder talce appropriate steps in the event of any escape or unauthorised release; 18 Refusal THE OFFICIAL GAZETTE [°LEGAL S UPPLEMENT] - B 9 TH FEBRUARY, 2019 10. (e) that records are kept of the numbers of different animals, acquisitions, births, illnesses, deaths, disposals or escapes of animals, othe causes of any such deaths, and the health of animals; (t) that a plan to deal with emergencies be established and maintained; and (g) such other conditions as the Commission considers necessary. ( 4) Where the Commission grants a licence in accordance with the provisions of this section, the Commission shall enter .the particulars of the licence in the Register of Licences which shall be open for inspection by the public on payment of the prescribed fee. (5) A licence issued pursuant to these Regulations shall not be transferrable. (6) The licence or a copy of the licence, issued pursuant to these Regulations, shall be displayed at each public entrance to the zoo. (1) The Commission may refuse to approve an application for a permit or licence on any of the following grounds, that is to say: (a) if the application is not accompanied by all the information required to be submitted along with it; THE OFFICIAL GAZETTE [Li::GAL SuPPLD,ICNT] - B 9TH F EBRUARY, 2019 Duration Revocation, suspension, or amendment 1-1. 12. (b) if the application contains information that is misleading, false, deceptive, or likely to deceive or create an erroneous impression on the Commission; (c) if the establishment of the zoo is likely to have an adverse effect on health, safety or the environment; and (d) if the establishment of the zoo is not likely to achieve the objectives of zoo operations set out in regulation 4. (2) Where the Commission refuses to grant a licence, it shall, as soon as practicable, notify the applicam of its decision and the reasons for the decision. An original licence granted under these regulations shall be granted for a period of six years commencing with the date specified in the licence as that on which it is granted or any other later date specified in the licence as that on which the licence shall commence. (1) The Commission may revoke, suspend or amend a licence during its currency for any of the following reasons: (a) the holder of a licence made a misrepresentation or willful omission in obtaining the licence or in any report submitted to the Commission or in any other way obtained the licence improperly; (b) the holder of a licence is contravening any material condition of the licence; 19 20 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] - B 9 TH FEBRUARY, 2019 (c) the holder of a licence is unable to achieve the objectives of zoo operations set out in Regulation 4; (d) the holder of a licence has been repeatedly suspended for the same or similar violation of these Regulations; (e) m the public interest for the benefit of wildlife conservation and maintenance of biodiversity; (f) there are changes in circumstances relating to the licence communicated to the Commission by the licence holder; (g) where the holder of the licence has been found guilty of an offence under the Narcotic Drugs and Psychotropic Substances (Control) Act; (h) where the holder of the licence has been found guilty of an offence under the Anti-Money Laundering and Countering the Financing of Terrorism Act; (i) the holder of a licence (i) dies; (ii) becomes bankrupt; (iii) goes into liquidation or receivership; or (iv) becomes a party to an amalgamation; G) in consequence of an inspection report; and T 1 1E · O F F LC IA L G A Z E · r r E~[ L ca A L S L 'P PL E ~1 cN T~]---B- 9T H F~·• E~B~R~U.:;;.;..A~R~Y~,~2~0~1~9-----21 (k) any other change, situation or activity relating to t11e us...: of a licence that, in the judgment of the Commission, is not consistent with the Act or these Regulations. (2) The Commission shall, while suspending a licence, notify th<! holder thereof in writing: (a) stating the bre11ch or situation which gave rise to the: suspension; (b) requiring the holder of the licence to remedy the breach; (c) stating the time .vithin which the breach is to be remedied; and (d) stating whether the licence is to be returned within a specified time to the Commission. (3) The holder of the licence suspended under paragraph (4), upon remedying the breach, shall so inform the Commission and the Commission shall, if it is satisfied that the breach is remedied, forthwith return the licence lo the holder thereof; (4) A suspension under this section may be for a specified period or until the fulfillment of specific conditions or until further order of the Commission; (S) Before the Commission acts under paragraph (2), the Commission shall 22 THE OFFICIAL GAZETTE [LEGAL Su PPLFMFNT] B 9 TII FEBRUARY, 2019 Renewal of Licence 13. (a) notify the holder of a licence in writing of its proposed action specifying the reason for the proposed action; and {b) allow the holder at least seven days within which to make written submissions to the Commission in relation to the Commission's proposed action. (6) Where the Commission amends a licence, the Commission shall cancel the existing licence and re-issue the holder of the licence with an amended licence. (l) A licence holder who wishes to renew a licence to operate a zoo shall apply, in writing, to the Commission for its renewal not later than six months before the end of the licence period. (2) The application must : (a) be in such form as the Commission may determine, and {b) include any information that the Commission may reasonably require to ensure that the requirements of these Regulations and any other applicable legislation are being or will be complied with in relation to the zoo and to determine whether or not to renew the licence. (3) Before considering the application, the Commission shall cause the zoo to be inspected under Regulation 14( 1 ). ( 4) If satisfied after considering the inspection report that the zoo is being operated in compliance with the required conservation measures, the Commission may renew the licence for a period THE OFFICIAL GAZETTE [ L EGAL S l!PPLCMENT] - 8 9m FEBRUARY, 2019 23 Statutory 14. not exceeding six years beginning on the day after the end of the expiring licence period. (5) If not satisfied after considering the inspection report that the zoo is being operated in compliance with the required conservation measures, the Commission may : (a) refuse to renew the licence, or (b) if the report indicates that a default in compliance can be remedied within a limited period, renew the licence for a period not exceeding one year subject to such conditions as the Commission considers appropriate. (6) On reaching a decision under paragraph (5) in relation to a licensee, the Commission shall give the licensee written reasons for the decision. PART V - INSPECTION (1) Inspections of each licensed zoo shall be carried out by inspectors at least once every twelve months for the purpose of detennining whether the conditions of the licence are being met. (2) In carrying out an inspection of a licensed zoo or a zoo that is the subject of an application for a licence or renewal of a licence, an inspector shall: (a) have regard to the current standards of modern zoo practice; 24 T HE OFFICIAL GAZETTE !LFOAL S UPPi f"M~NTj - B 9 111 FEBRUARY, 0 19 (b) have regard to the condition of the zoo premises and lo all features of the zoo relevant for the purposes of the required conservation measures; (c) in the case of a licensed zoo, ascertain wht!lher the conditions of the Licence are being met; and (d) in the case of a zoo that is the subject of an applicatit•n for a licence or renewal of a licence, ascertain wheth~r, if the licence is granted or renewed, the requir..:d conservation measures are likely to be implemented m a satisfactory manner. (3) In carrying out an inspection referred to in paragraph (2), an inspector may require that a person who is employed in or retained by or for the purposes of the zoo and who is specifk d to the inspector be present during the inspection. (4) On completing an inspection of a zoo, the inspector shall make a written report to the Commission on the inspection and the report may include any advice or recommendations J,>r improving the achievement of the objectives of zoo operations set out in Regulation 4. (5) If it becomes apparent to an inspector carrying out an inspection of a licensed zoo that an amendment to the licence is likely LO be needed to ensure that the objectives of zoo operations set ut in Regulation 4 are achieved, the inspector shall: (a) consult with the licence holder about the amendment: T HE OFFICIAL GA zE·n ·E [LrnAL s1,Pl'LCMENTJ - B 9171 FEDRUARY, 201 9 Pc:riodic 15 . ( I) (b) consider whether any new licensing conditions th<: inspector believes will be needed to secure achievement of the objectives of zoo operations set out in Regulation 4 are likely to be met should the licence be amended. and (c) include his or her findings -and recommendations in Liu.: inspection report. The Commission shall can-y out periodical inspections i1 accordance with this section of any zoo for which u licenc..: granted by the. Commission is in force. (2) Before any such inspection the Commission shall, afte r consultation with the operator of the zoo, give him or her at least twenty-eight days notice of the date upon which it is proposeJ to carry out the inspection. (J ) Inspections under this section shall be made at the following times: (a) in the case of an original licence, during the first year and not later than six months before the end of Lhe fourth year of the period of the licence ; and (b) in the case of a renewed licence or original licenet: granted to the holder of an existing licence, during thi: third year and not later than six months before the end of the sixth year of the period of that licence. 26 Special THE OFFICIAL GAZETTE [ L EGAL SUPPLEMENT) B 9rn FEBRUARY, 2019 16. ( 4) The following provisions apply to any inspection to be carried out wtder this section: (a) the inspection shall extend to all features of the zoo directly or indirectly relevant to the health, welfare and safety of the public and the animals, including measures for the prevention of the escape of animals; and (b) the inspectors shall require the production of all records kept by the operator in pursuance of conditions of the licence under Regulation 9 (3) and the operator shall produce the records. (5) Within one month after receiving the report of the inspection the Commission shall send a copy to the operator of the zoo and give the operator an opportunity to comment on it. (1) The Commission may at any time, after giving the licence holder at least twenty-four hours notice, carry out a special inspection of a zoo for which a Hcence granted by the Commission is in force if they consider it appropriate to do so having regard to (a) any periodical report on the zoo made to them pursuant to Regulation 15; or (b) any representations made to them on behalf of a properly constituted body concerned with any aspect of the management of zoos or the welfare of animals; or ·r 1 1E , O F F 1c 1A L G A Z E ·TT E ..... [.;;;L.;;.[G;,;, ,A-"-1-'S:...;L:..:..P.;..:PL:..:..L:...:~•.:::rN.;;.T~J---B::; : 9 1 1 ; 1 F ;.E:.:· D:::R:.:U::::.:.:A :..:.R:...:Y:....?,~2:..::o:..:.1.:..9 27 Authorisation 10 inspect Acquisition Quarantine 17. 18. 19. (c) any other circumstances which in lhe opinion of th..: Commission calls for investigation. The Commission may authorise in writing any duly qualified person 1<1 carry out inspections under this Part. PART Vl - ANIMALS ( I) Animals should nol be acquired in contravention of any law; (2) Animals may be acquired from licence holders under th.: regulations passed under lhe Act; and (3) A zoo shall not willfully acquire an animal for which it cannc t reasonably provide the appropriate species' requirements. (1) The quarantining of animals brought to and in zoos shall conform to all other laws governing the quarantine of nnimaL . (2) Without prejudice to the provisions in subsection (I ,, provisions should be made for: (a) the quarantining and care of unduly distressed, sick I r injured animals; and (b) newly arrived animals to be kept isolated for as long as is necessary to ensure proper examination, acclimatisation and quarantine before introduction to other animals in tbe collection. 28 Movement and transfer (Animal Health/Welfare) Holding THE OFFICIAL GAZETTE [ L EGAL S UPPLEMENT) - B 9TH FEBRUARY, 2019 20. 21. (1) The movement and transfer shall conform to all other laws governing the transfer and movement of animals. (2) Without prejudice to the provisions in subsection ( l ) animals transported for the purposes of these Regulations shall be: (1) (a) Transported under conditions and facilities specifically designed and properly secured for the animal being transported; (b) Free of projections, fittings or structures that might pose a risk of injury to the animals being transported; (c) Suitably ventilated to allow the animals being transported appropriate airflow and optimal wellbeing; (d) Equipped with secure and appropriate flooring; (e) Equipped with an appropriate and adequate supply of food and drinking water;and (t) Accompanied by appropriate records. Food shall, as far as reasonably possible, be presented in a manner and frequency commensurate with the natural behaviour of the species, as well as its nutritional requirements, taking into account the objectives specified in Regulation 4. (2) Food shall be kept and prepared under hygienic conditions in particular: THE OFFICIAL GAZETTE [ L EGAL S UPPLEMENT] - 8 911-1 FEBRUARY, 2019 Diseases 22. Death 23. (a) food and drink must be protected against dampness, deterioration, mould or from contanunation by insects, birds, vennin or other pests; (b) supplies of perishable food and drink, other than those brought into the premises fresh on a daily basis, should be kept, where appropriate, under refrigeration; (c) preparation of food and, where appropriate, drink should be undertaken in a separate area suitably designed and constructed; (d) staff should be instructed to observe strict standards of personal hygiene and should conform to good hygiene practice in the preparation of food, having due regard to the risk of cross contamination between equipment, utensils and surfaces; and (e) receptacles for food and drink must not be used for any other purposes. Without prejudice to the requirements contained in any other law relating to diseases, every zoo shall establish and maintain a safe and effective programme for the control or deterrence of pests and vermin and where necessary predators, throughout the zoo. (1) Euthanasia of animals may be performed under the following conditions: (a) when recommended by a veterinarian; 29 JO THE OFFICIAL GAZETTE [LFGAI S LJPPLF.MENT] 8 9TII Ff:BRUARY, :·019 (b) when irresolvable stress or conflict prevails and where changes in social structure result in distress, and where there is no option of release; (c) when an institution operator is unable to ensure acceptable facilities and conditions for animals and where there is no option of release; (d) when an animal poses a danger and unavoidable thre-.11 to human safety; ( e) where no other suilabk accommodation can be found for the animal; or (f) where no other suitable option exists. (2) All deaths whether through euthanasia or otherwise shall be recorded. (3) The cause of death for each animal dying in the collection sh.ill be established where reasonable and practicable to do so. (4) The specimen shall, in the majority of cases be examined by a veterinary surgeon, pathologist or practitioner with relevant experience and training. (5) Facilities and equipment in any room provided on tbe prembi.:s for post-monem examinations shall include: (a) an efficient drainage system; THE OFFICIAL GAZETTE [ L EGAL S l!PPLE:>,1ENT] - 8 9TH FEBRUARY, 2019 31 Technical design 24. (b) washable floors and walls; (c) an examination table; (d) an adequate selection of appropriate instruments; (e) facilities for talcing and preserving specimens; and (f) if larger animals are kept in the collection, a hoist. (6) The remains of a dead animal may be: (a) Preserved for research and exhibition; (b) Buried; or (c) Incinerated. PART VII - ZOO OPERATIONS The design of all zoos shall include the following requirements: (a) All animal enclosures in a zoo shall be so designed as to fully ensure the safety of animals, caretakers and visitors; (b) Stand of barriers and adequate warning signs shall be provided for keeping visitors at a safe distance from the animals; (c) All animal enclosures in a zoo shall be so designed as far as reasonably possible to meet the full biological requirements of the animals housed therein; 32 THE OFFICIAL GAZETTE [LEGAi SL'PPI FMENT] B 9"11 FEBRUARY, 21 19 (d) Animal enclosures shall be of such size as to ensure that the animals get space for their free movement and exercise and the animals within herds and groups are not unduly dominaLed by individuals; (e) The zoo operators shall take adequate safeguards to avoid the animals being unnaturally provoked for the benefit of viewin!! by public and excessive stress being caused by visibility or presence of the animals in the adjoining enclosures; ({) The zoo operators shall endeavour to simulate the conditions o f the natural habitat of the animal in the enclosures as closely as possible, including the planting of appropriate species of tret·s for providing shade and constructing shelters which would merge in the overall environment of the enclosures; (g) The enclosures housing the species, mentioned in the Fi . t Schedule of the Wildlife Conservation, Management and Sustainable Use Regulations, shall: (i) have feeding and retiring cubicles/cell of minimum dimensions as prescribed by the Commission; (ii) provide the best conditions that enable the species 10 live as natural as possible; and (iii) as far as reasonably possible enable the species to participate in natural behaviours. f THE OFFICIAL G:\ ZEcnE [L LGAL SLPPLL:--tLNI] - B 9111 FcBRUARY, 2019 33 Construction 25. Functions 26. (h) Proper ventilation, temperature and lighting for the comfort anJ well-being of animals in each cell /cubicle /enclosure; (i) Sufficient water treatment equipment to ensure the maintenanu: of water quality within set parameters to meet species specific requirements; G) Proper arrangements for the drainage and tTeatment of exce,.s und residual water; and (k) Proper arrangements for removal of excreta from each ct-11 /cubicle /enclosure. A Zoo shall be constructed in accordance with the design requiremco1s set out in Regulation 24. The functions of a zoo shall include: (a) accommodating the animnJs under conditions that aim to satis fy the biological and conservation requirements of the individu,11 species, including, among other things, by providing spcci..:s specific enrichment of the enclosures; (b) maintaining a high standard of animal husbandry in the zoo, including a developed programme of preventive and curati ve veterinary care and nutrition; (c) preventing the escape of animals from the zoo in order to avoid possible ecological threats to species; 34 Staffing THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT) - B 9m FEBRUARY, 2019 27. (d) maintaining procedures for the capture and recapture of animals; (e) preventing the intrusion of outside pests and vermin into the zoo;and (f) keeping up to date records of the zoo's collection appropriate to the species recorded. (1) Every zoo shall have one full-time officer in-charge of the zoo. (2) The officer referred to in subsection (1) shall be delegated adequate administrative and financial powers as may be necessary for proper upkeep and care of zoo animals (3) Every zoo shall have at least one full-time curator having the sole responsibility of looking after the upkeep of animals and maintenance of animal enclosures. (4) Every person employed by a zoo shall wear identifying badges and where appropriate, unifonns. (5) Every zoo shall have an arrangement with a veterinary practitioner for visiting the zoo to care for the animals. (6) Every person employed by a zoo shall be screened every six months by a duly qualified medical practitioner for diseases that may be transmitted from humans to animals and from animals to humans. T l IE O Fr!ClA L GAZEl ~fE LCG.~L S LPPLE:-.ICNT B 9TII FEBRUAR Y, 20 19 General Safety of Visitors Private Rules 28. 29. (7) Such other suitably qualified, healthy experienced employei.:s or consultants. Zoos operators shall make provisions for the safery of visitors including providing: (a) First aid facilities; (b) Barriers designed, constructed and maintained to contain animals within enclosures; (c) Vegetation, climbing structures or other items should be maintained in such a way as to not aid escape; (d) Ensuring that enclosure barriers, gates and doors to enclosun:s are strong and effective in containing the animals; (e) Gates and doors to animal enclosures where the public are admitted, and any enclosure or stand-ofT barrier, are designed, constructed and maintained so as not to trap or otherwise injure visitors, particuJarly children or those with disabilities; (t) An adequate number ofpersonm:1 trained in first aid; and (g) Suitable warning signs and infomrntion where animals and visitors may come into contact. In consultation with the Commission, a licence holder may make additional rules governing the conduct of visitors into the licenced zoo. 35 36 Registers and records THE OFFICIAL GAZETTE [ L EGAL S UPPLEMENT] - B 9TH FEBR UARY, 2019 30. (1) Every zoo shall keep a record of the birth, acquisitions, sales, disposals and deaths of all animals. (2) The records kept pursuant to subsection (1) shal) provide the following information: (a) identification and scientific name; (b) origin (i.e. whether wild or captive-born, including identification of parents, where known, and previous location/s, if any); (c) dates of entry into, and disposal from, the collection and from and to whom; (d) date, or estimated date, of birth or hatching; (e) sex· (where known); (t) any distinctive markings, including tattoos, freeze brands, rings or microchips; (g) clinical data, including details of and dates of any treatment given; (h) behavioural and life history dat~ (i) date of death and the result of any post-mortem examination and laboratory investigations; THE OFFICIAL GAZETrE [LCG.~L St.PPLCM[NTj B 9TII FEBRUARY, 2019 Closure plan 31. (i) where an escape has taken place, or damage or inj ucy has been caused to, or by, an animal to persons or propert): (i) the reason for such escape, damage or injury; and (ii) a summary of remedial measures taken 10 prevent recurrence: (k) food and diets. (3) Every zoo shall keep an inventory of the animals housed in the zoo as at 31 51 December of every year, which shall be submitti.:d to the Commission by 31 st of January of the succeeding calend.ir year. (4) Every zoo shall also submit a brief summary of the death ll f animals in the zoo betwe~n the I st of January and the 31st December of every year, along with the reasons of death identified on the basis of post-mortem reports and olhi.:r diagnostic tests, by JI •1 January of the succeeding calendar ycHr. (5) Every zoo shall submit to the Commission an annual report 1>f the activities of the zoo by the 30th April of the followiug calendar year. (1) A licence holder shall prepare and submit to the CommissillO for its approval a written plan for the future care of all the animals kept at the zoo or a section of the zoo, as the case m.1y be, or for their disposal and their care until their disposal. 37 38 THE OFFICIAL GAZETTE [LEGAL S UPPl,EMENTj - B 9 TH FEBRUARY, 2019 (2) The licence holder shall also supply the Commission with any information he or she may request about the care or disposal of the animals to which the plan relates. (3) A licence holder, who is required under paragraph (1) to prepare a plan in relation to animals kept at a zoo, or in a section of zoo, shall not dispose of those animals until a plan is approved under this Regulation for their disposal. (4) If the plan is approved by the Commission, the licence holder responsible for preparing it : (a) shall implement it, and (b) shall not, except with the prior agreement of the Commission: (i) dispose of any animals to which the plan relates otherwise than in accordance with the approved plan, or (ii) make any arrangements for the future care of such animals that do not comply with the approved plan. (5) The plan required by this Regulation shall be prepared in the event of the following: (a) the revocation or suspension of a licence under the provisions of Regulation 12; THE OFFIC IAL GAZETTE [LEGAL SL'PPLEMENT] - 8 9rn FEBRUARY, 2019 39 Commission action 32. on closure (b) where a licence has expired and has not been renewed pursuant to Regulation 13; or (c) where a licence holder intends to surrender a licence granted pursuant to Regulation 9. ( l) After considering any representations of the licence holder, the Commission may make a decision under this Regulation in relation to closure of a zoo or a section of a zoo for which a plan is required if: (a) the Commission is not satisfied with the plan prepared by the licence holder of the zoo, as the case may be; (b) the Commission is not satisfied with the way in which the plan is being implemented; or (c) the Commission considers that urgent steps need to be taken to safeguard the animals kept at the zoo or in the section of the zoo. (2) A decision under this Regulation may require the licence holder of the zoo concerned to comply with such terms as the Commission thinks fit for: (a) the future care of animals kept at the zoo or in the section of the zoo, or (b) the disposal of such animals and their care until disposed of. 40 Penalties Pre-Regulation operations Amendment of Schedule l THE OFFICIAL GAZETTE fLEGAL SuPPLFMENrj - B 9rn FEBRUARY 2019 33. 34. 35. (3) After considering any representations made by the licence holder, the Commission may vary or revoke a decision gi\ en under this Regulation. (4) In making, implementing, varying or revoking a decision unJ er this Regulation for the care or disposal of animals, due reg.ird shall be paid to the objective of protecting wild animals I d conserving biodiversity. PART VIII - MISCELLANEOUS A person who contravenes any of the provisions of these Regulati1Jns commits an offence and is liable on Summary conviction to penal11es prescribed under paragraph D of the Sixth Schedule of the Act. (1) These Regulations shall apply mutalis mutandis to zoos operating prior to the coming into force of these Regulatiom. (2) Subsection (I) shall come into force on the expiry of the pcnod of three years beginning on the day on which th1:se Regulations comes into force. The Minister may by order amend the First Schedule THE OFFICIAL GAZElTE [LEGAL Sc PPLEMENT] - 8 9m FEBRUAR Y, 2019 41 FIRST SCHEDULE Regulatory Agencies Cap 36:20 Central Housing and Planning Authority Cap 59:05 The Guyana Lands and Surveys Commission Cap 30:01 The Guyana Water Incorporated Cap 79:04 The Revenue Authority of Guyana Chapter 145 The Public Health Authorities The Guyana Livestock Development Authority