Performing Animals Protection Act: Regulations (No. R. 1672)

DEPARTMENT OF JUSTICE NO. R. 1672 1 September 1993 PERFORMING ANIMALS PROTECTION ACT, 1935 REGULATIONS The Deputy Minister of Justice has under sections 2 (d) and 7 of the Performing Animals Protection Act, 1935 (Act No. 24 of 1935), made the regulations in the schedule. SCHEDULE Definitions 1. In these regulations and the accompanying Schedules, unless the content otherwise indicates, any word or expression to which a meaning has been assigned in the Act shall bear that meaning, and "the Act" means the Performing Animals Protection Act, 1935 (Act No. 24 of 1935) Application for the granting or renewal of a license 2. (1) Every application for the granting of or renewal of a license under the Act shall be made in writing in the form of Schedule 1 and shall contain the information required by that Schedule. (2) Such application shall be accompanied by: (a) a report from the district commissioner of the police district in which the applicant resides regarding fitness to be a licensee; and (b) R50 in the case of an application for the granting of a license and R30 in the case of an application for the renewal of a license: Provided that the applicant shall be entitled to the repayment of half the fee if the application is refused. (3) The magistrate may, before considering an application for the granting or renewal of a license, request all available information regarding the applicant from the records of a local animal welfare organisation and such other information as he may require from any such organisation regarding the type of animal concerned in order to decide whether to grant the license applied for. (4) Every application for the renewal of a license shall be made on or before the 31st day of December of the year preceding the year in respect of which the license is required, and every application received by the magistrate after the said date shall in all respects be treated as an application for the granting of a new license. (5) The magistrate shall issue o the applicant a license in the form of Schedule 2, together with a certificate in the form of Schedule 3. (6) If the licensee desires any alteration of the particulars contained in the certificate referred to in subregulation (5), the magistrate to whom he made the application, or his successor in office, shall amend the certificate by effecting in ink the desired amendment to the certificate and shall thereafter place his signature and the official date stamp thereon. Conditions subject to which a license is held 3. (1) The licensee shall on demand produce to a police officer his license and certificate. (2) When animals that are trained or exhibited or dogs that are used for safeguarding are wild by nature or otherwise of a vicious propensity, the licensee shall take such steps as are necessary to ensure that the animals so trained or exhibited or the dogs so used for safeguarding cannot escape from control. (3) No licensee shall train, exhibit or cause to be exhibited any animal which is suffering from any injury or disease, unless a veterinarian has certified that such animal is fit to be exhibited or trained, or that such dog is fit to be used for safeguarding. (4) A license shall be issued subject to the provisions of the Act and these regulations and the provisions of the Animals Protection Act, 1962 (Act No. 71 of 1962), and any regulations made thereunder. Offences and penalties 4. Any person who: (a) contravenes a provision of regulation 3 or fails to comply therewith; or (b) in or in connection with the written application referred to in regulation 2 (1) willfully furnishes information or makes a statement which is false or misleading, shall be guilty of an offence and liable on conviction to a fine not exceeding R4 000 or imprisonment for a period not exceeding twelve months. Repeal 5. The regulations published under Government Notice No. R. 1914 of 27 October 1972 are hereby repealed.