Performing Animals Protection Regulations (No. R. 771 of 2017)

PERFORMING ANIMALS PROTECTION REGULATIONS, 2016 I, Senzeni Zokwana, Minister of Agriculture, Forestry and Fisheries have, in terms Section 7(a) of the Performing Animals Protection Amendment Act, 2016 (Act No.4 Of 2016), made regulations set out in the Schedule and repeal the Regulations published in Government Notice No.R.1672 of 1 September 1993. PERFORMING ANIMALS PROTECTION AMENDMENT ACT, 2016 (Act No.4 of 2016) This gazette is also available free online at www.gpwonline.co.za 4 No. 41019 GOVERNMENT GAZETTE, 3 AUGUST 2017 Government notices • GoewermentskennisGewinGs Agriculture, Forestry and Fisheries, Department of/ Landbou, Bosbou en Visserye, Departement van DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES NO. 771 03 AUGUST 2017 771 Performing Animals Protection Amendment Act (4/2016): Performing Animals Protection Regulations, 2016 41019 1. Definitions (1) In these Regulations, unless the content otherwise indicates, any word or expression to which a meaning has been assigned in the Act shall have that meaning so assigned "applicant" means any person who intends to exhibit, train or use animals for safeguarding, who must apply in writing to an officer delegated by the National Licensing Officer in terms of Section 3E of the Act. "department" means the Department of Agriculture, Forestry and Fisheries (DAFF). "expert" means a person with the relevant qualification(s), scientific background and experience. "facility" means an area where a person keeps, exhibits or trains for exhibition or uses animals for safeguarding, which can be primary, secondary or temporary "Minister" means the Minister of the Department of Agriculture, Forestry and Fisheries. "the Act" means the "Performing Animals Protection Amendment Act, 2016 (Act No. 4 of 2016). "primary facility" means the place where the applicant keeps, trains / exhibits or houses animals prior to sending them to other locations (where applicable) or where animals are permanently housed excluding guard -dogs on long term lease contracts. "secondary facility" means a place where an animal is housed temporarily, but for longer than 5 days. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 AUGUSTUS 2017 No. 41019 5 "temporary facility" means a place where an animal is housed for not more than 5 days and immediately returned to the primary facility. `trainer" means a person teaching animals specific responses to specific conditions or commands and should have applicable experience in humane training methods of specific species. "handler" means a person employed to handle animals competently and should have applicable experience in humane handling methods of specific species. 4 Licensing requirements shall apply for each species and include: (1) Updated records, which will include an animal register, health and animal welfare plans, medicine register, movement register, and other documented proof of licencing requirements. (1) An application shall be accompanied by a fee as prescribed and reflected in item 1 of Annexure B of the Schedule. (2) The application for a licence in terms of section 3 F must be in writing, using Annexure "A" or a DAFF website based form requested from PAPALICENCE daff. ov.za 3 An inspection shall be conducted by an officer at the primary and secondary facilities in line with Article 4. This gazette is also available free online at www.gpwonline.co.za 6 No. 41019 GOVERNMENT GAZETTE, 3 AUGUST 2017 (3) All animals should, (a) be individually identified (b) be kept in well maintained, hygienic and appropriate accommodation with: (i) an approved site plan for the primary and secondary facilities; (ii) fencing and access control; (c) have adequate space with suitable surface ; (d) have a suitably stimulating environment to enhance the animals' wellbeing (environmental enrichment), (e) have access to adequate feed and to water at all times; (f) have access to suitable shelter ; (g) should be trained and handled using appropriate humane methods. (4) The facility should: (a) be free of hazards that could harm the animals; (b) have applicable pest control program; (c) have appropriate feed storage; (d) make provision for isolation and handling of sick and vulnerable animals; (e) have a veterinarian responsible for the healthcare of the animals; (f) have a trainer ; (g) have a handler available at all times (h) have appropriate transportation methods and equipment 5 The use of animals in the filming industry must be under direct or indirect supervision of an officer as defined in the Act. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 AUGUSTUS 2017 No. 41019 7 (d) be accompanied by a prescribed fee specified in item 2 of Annexure B. (2) The appellant shall be sent a written acknowledgement after receipts of appeal by the Minister within fifteen working days of receiving the appeal. (3) A person who is appointed in terms of section 3N of the Act, as a member of an appeal board, and who is an expert but not an officer, will be remunerated in line with the provisions of the National Treasury Regulations. 6 The officer should be notified at least 7 working days before movement of animals to a location other than specified on the licence. 7 Proof of a valid licence to exhibit, train or use animals for safeguarding, must accompany the animals at all times. 8 Appeal to the Minister (1) An appeal in terms of section 3M of the Act must (a) be lodged with the Minister in writing within 60 days from the date on which the officer has given the applicant written notice of the decision or action concerned, (b) state the reference number and the date of the document by means of which such appellant was notified of the decision or action; This gazette is also available free online at www.gpwonline.co.za 8 No. 41019 GOVERNMENT GAZETTE, 3 AUGUST 2017 The Minister: Agriculture, Forestry and Fisheries Private Bag X250 PRETORIA 0001; or 9 Offences and penalties Any person who contravenes or fails to comply with these regulations shall be guilty of an offence and liable on conviction to a fine as prescribed by Section 8 the Act. The Minister: Agriculture, Forestry and Fisheries Agricultural Place 20 Steve Biko Street PRETORIA This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 AUGUSTUS 2017 No. 41019 9 Ca? g if' agriculture, forestry & fisheries Department: Agriculture, Forestry and Fisheries REPUBLIC OF SOUTH AFRICA Receipt number: Date application received: Date application completed: Licence issued: Yes No Date approved: Licence number. Expiry date: Name of account: DAFF:PERF ANIM PROTECT ACT, 1935 Name of bank: Standard bank Type of Account : Business Cheque Account No: 010285032 Branch : Pretoria Branch : 010045 WRITTEN APPLICATION: GRANTING OF A LICENCE PERFORMING ANIMALS PROTECTION AMENDMENT ACT, 2016 (Act No 4 of 2016) DIRECTORATE: VETERINARY PUBLIC HEALTH DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES Delpen Building, do Annie Botha and Union Streets, Riviera, 0084 Enquiries: Tel: 012 319 7647/7575. E -mail: PAPALICENCE daff. ov.za FEES PAYABLE FOR PERFORMING ANIMALS LICENCE SERVICES No. Purpose Amount 1. Application fee for Performing Animals (PAPA) license R390,00 each 2. Application fee for appeal process R4000,00 each 3. Fee for re -issue lost/stolen /damaged PAPA license R390,00 each 4. Fine for training, exhibition and/ or use of animals 10% of the commercial value of the without a valid PAPA licence animals with a minimum of R2000,00 fine Bank account details: This gazette is also available free online at www.gpwonline.co.za 10 No. 41019 GOVERNMENT GAZETTE, 3 AUGUST 2017 PP g P pp PY PP ) PP l P P Y Purpose of Application: A lication for: Existin licence number To exhibit Ex it date Previous licence To train numbers related to either the facility or the To use animals for safeguarding applicant (if applicable) New Application Yes Com tete where a licable No Amendment of an Existing licence Re -a lication Yes No Yes No 2. Please provide details of the primary facility for housing animals: Name of the facilit Postal Address Physical Address 1. Details of the applicant The applicant is the owner the manager trainer (please tick where applicable). For a facility, both owner and manager information is required. Name of Applicant Owner /trainer Manager Identit Number Business or Company Name (if a licable Address of A licant Postal Address Province Tele hone Number Cell hone number Email address Fax Number This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 AUGUSTUS 2017 No. 41019 11 P P Y Y Province Tele hone Number Fax Number Email address District/Local Munici alit GPS co- ordinates S o " E or What3Words o 3. Please provide details of secondary facilities that may be used during the year: (Where this information is available, note that movement notificationsare applicable for all movements to facilities that are not recorded on the license) Name of facilit Address Date of use FOR EXHIBITION/ FILM INDUSTRY Species and breed Number Born in captivity Caught in wild Y N Y N Y N Y N Y N Y N FOR SAFEGUARDING Species and breed Number Born in captivity Caught in wild Y N Y N 4. Please indicate species and breed of animals to be trained / exhibited / used for safeguarding, and where applicable, whether the animals were born in captivity or not. (if insufficient space, a separate list may be attached) 5. Experience and training of the trainer with regard to the training / exhibition / use of animals for safeguarding with full particulars of species of animals and duration and nature of experience. This gazette is also available free online at www.gpwonline.co.za 12 No. 41019 GOVERNMENT GAZETTE, 3 AUGUST 2017 P Y PP q P , p Y ) P g P P P. 6. Approximate duration of each exhibition / training / safeguarding (per species) and the number of working hours per day or per week. (May attach a work program) Species Duration of exhibition Duration of training Duration of (hours per daylweek) (hours per day /week) safeguarding (hours er da /week 8. Full particulars of the responsible private /facility veterinarian. Name of veterinarian: SAVC Re istration no: Tele hone numbers: Fax number: Email address: Physical address: Declaration : I declare that 1. I will visit the facility at least twice per year at an interval of at least 4 months apart. 2. I undertake to inform the officer of any suspicious mortalities, illnesses and welfare problems within 24hours of becoming aware of them. 3. I will inform the officer if my services are terminated by the facility for any reason whatsoever 4. I will make available clinical records to the officer on request even after the termination of the client/vet relationship. Signature: Official ractice stam Addendums may be used should there be insufficientspace (if there are additional trainers) 7. Has the owner of the business or any employees been convicted of cruelty to animals in the Republic of South Africa or elsewhere? Please tick Yes No Name of trainer: S ecif A licable ualification: Year obtained: Ex erience: This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 AUGUSTUS 2017 No. 41019 13 Officer: Designation: Signature: Date: 10. Proof of Payment attached Yes No I ......... .. (Full name) the undersigned, hereby apply for a licence to exhibit / train animals / use animals for safe uardin * in terms of the Performing Animals Protection Amendment Act , 2016 (Act No 4 of 2016) and declare that the above particulars are to the best of my knowledge and belief, true, correct and complete and that any misleading or incorrect information supplied by myself in support of this application will, upon the discovery thereof, result in the immediate suspension of my licence. I give my consent for the facility veterinarian to divulge applicable information about the abovementioned facility /facilities and animals to the officer. I further declare that I have the means to feed, care for and house all the above mentioned animals and maintain the facilities, transport and other equipment to meet all the animal welfare needs. (* Delete whichever is not applicable) This gazette is also available free online at www.gpwonline.co.za 14 No. 41019 GOVERNMENT GAZETTE, 3 AUGUST 2017 Receipt number: Date application received: Signature of receiving official: This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 3 AUGUSTUS 2017 No. 41019 15