Diseases of Animals Act, 1966

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DISEASES OF ANIMALS ACT, 1966 ARRANGEMENT OF SECTIONS

PART I

Preliminary and General Section

Section 1

Short title and commencement.

Section 2

Interpretation.

Section 3

General powers of Minister.

Section 4

Laying of orders.

Section 5

Licences.

Section 6

Exemption from stamp duty and fees.

Section 7

Expenses.

Section 8

Disposal of moneys received by Minister.

Section 9

Repeal and transitional provisions.

Section 10

Continuance of orders and regulations.

PART II

Control and Eradication of Disease

Section 11

Application of this Act.

Section 12

Notification of disease.

Section 13

Orders for prevention or checking of disease.

Section 14

General provisions as to infected places and areas.

Section 15

Orders relating to infected places and areas.

Section 16

Power to exclude strangers.

Section 17

Slaughter of diseased animals and compensation.

Section 18

General provisions as to disposal of animals, poultry and carcases.

Section 19

Clearance, attested and disease-free areas.

Section 20

Orders in relation to clearance, attested and disease-free areas.

Section 21

Regulations as to animal remedies.

Section 22

Compensation for animals and poultry taken in clearance, attested and disease-free areas.

Section 23

Slaughter and compensation in other cases.

Section 24

Registers of attested or disease-free herds and flocks.

Section 25

Powers of authorised persons and officers.

Section 26

Diseased animals or poultry in transit.

Section 27

Regulation of movement of animals, fairs, markets, etc.

Section 28

Transport of animals and poultry.

Section 29

Carriage of animals and poultry by sea or air.

Section 30

Import of animals, poultry, etc.

Section 31

Quarantine stations.

Section 32

Saver in relation to Customs Acts.

Section 33

Provision in regard to imported animals, poultry, quarantine, etc.

Section 34

Regulation of ports, aerodromes, landing places and imported animals.

Section 35

Prevention of sheep scab.

PART III

Functions of Local Authorities

Section 36

Duties of local authorities.

Section 37

Default of local authorities.

Section 38

Power to authorise the making of regulations by local authorities.

Section 39

Slaughter of animals and poultry by local authorities.

Section 40

Regulations of local authorities.

Section 41

Functions of local authority as to orders, etc.

PART IV

Administration

Section 42

General powers of inspectors.

Section 43

Powers to detain vessels and aircraft.

Section 44

Expenses of burial of carcases washed ashore.

Section 45

Powers to appoint additional inspectors, etc.

Section 46

Powers and duties of the Garda Síochána.

PART V

Offences and Legal Proceedings

Section 47

Prosecution of offences.

Section 48

Offences punishable by fine only, unless offence repeated within twelve months.

Section 49

Offences punishable in all cases by fine or imprisonment.

Section 50

Appeals from orders made on complaint.

Section 51

Proceedings under Customs Acts for unlawful landing or shipping.

Section 52

General provisions as to procedure.

Section 53

Evidence and form and service of instruments.

PART VI

Miscellaneous

Section 54

Restrictions sale and export of horned cattle.

Section 55

Amendment of Clean Wool Act, 1947.

Section 56

Orders as to dogs.

Section 57

Pasteurising of separated milk.

Section 58

Provisions as to compensation.

FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE Acts Referred to Animal Remedies Act, 1956 1956, No. 41 Merchant Shipping Act, 1894 1894, c. 60 Air Navigation and Transport Act, 1936 1936, No. 40 Clean Wool Act, 1947 1947, No. 27 Dairy Produce Act, 1924 1924, No. 58 Diseases of Animals (Bovine Tuberculosis) Act, 1957 1957, No. 14 Number 6 of 1966.

DISEASES OF ANIMALS ACT, 1966 AN ACT TO CONSOLIDATE WITH AMENDMENTS THE ENACTMENTS RELATING TO DISEASES OF ANIMALS AND TO PROVIDE FOR CERTAIN OTHER MATTERS RELATING TO ANIMALS. [1st March, 1966.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS :—

PART I

Preliminary and General Short title and commencement.

1.—(1) This Act may be cited as the Diseases of Animals Act, 1966.

Interpretation.

2.—(1) In this Act, except where the context otherwise requires— “aerodrome” means any area of land (including water) where facilities are afforded for landing and departure of aircraft; “animal” means an animal of a kind specified in Part I of the First Schedule. “animal remedy” has the meaning assigned to it in section 2 of the Animal Remedies Act, 1956 ; “attested or disease-free area” has the meaning assigned to it in section 19 (1) (b); “authorised person” has the meaning assigned to it in section 25; “bird” means a bird of a kind specified in Part II of the First Schedule; “carcase” means the carcase of an animal or bird and includes part of a carcase, and the meat, bones, hide, blood, skin, pelt, hair, fur, wool, feathers, hooves, horns, offal or other part of an animal or bird, separately or otherwise, or any portion thereof; “cattle” means bulls, cows, bullocks, heifers and calves; “Class A disease” means a disease for the time being specified in Class A of Part III of the First Schedule; “Class B disease” means a disease for the time being specified in Class B of Part III of the First Schedule; “clearance area” has the meaning assigned to it in section 19 (1) (a); “disease” means a disease specified in Part III of the First Schedule; “diseased” means affected with a disease; “eggs” means the eggs of poultry and includes parts of such eggs; “fodder” means hay or other substance (including milk) used for food of animals or poultry; “horned cattle” means cattle bearing horns other than stub or rudimentary horns; “horse” includes ass and all other equines; “imported” as applied to animals, poultry and things, means brought by any means into the State from outside the State and “importation” shall be construed accordingly; “in contact with” in relation to a diseased or suspected animal or bird, means being or having been in the same field, shed, stable, sty, pen or other place, or in the same herd or flock as, or otherwise in contact with, that animal or bird; “infected place or area” has the meaning assigned to it by section 14; “inspector” means a person being a veterinary surgeon appointed by the Minister or a local authority to be an inspector for the purposes of this Act; “landing” in relation to imported animals, poultry, or things, means landing them from a ship, vessel, aircraft, or vehicle, or otherwise introducing them into the State; “licence” means a licence granted by the Minister; “litter” means straw or other substance commonly used for bedding or otherwise for or about animals or poultry;

“local authority” means the council of a county or county borough; “Minister” means the Minister for Agriculture and Fisheries; “order of the Minister” means an order made by the Minister under this Act; “poultry” means birds of a kind specified in Part II of the First Schedule; “prescribe” means prescribe by order; “quarantine station” has the meaning assigned to it by section 31; “regulation of a local authority” means a regulation made by a local authority under this Act; “shipping” includes carriage by air and carriage in a vehicle; “suspected” means suspected of being diseased; “veterinary surgeon” means any person lawfully qualified to practice veterinary surgery in the State.

General powers of Minister.

3.—(1) The Minister may make orders, subject and according to the provisions of this Act— (a) generally, for the due execution of this Act or for the prevention of the spreading of disease; (b) in particular, for the several purposes specified in this Act, including any matter which under this Act may be prescribed.

Laying of orders.

4.—Every order made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Licences.

5.—The Minister may grant licences for any of the purposes of this Act, attach conditions to any such licence, vary such conditions and revoke any such licence.

Exemption from stamp duty and fees.

6.—No stamp duty shall be payable, on, and, save as otherwise prescribed, no fee or other charge shall be demanded or made for, any appointment, certificate, declaration, licence or thing under this Act, or for any inspection or other act precedent to the granting, making, or doing of a certificate, declaration, licence, or other thing.

Expenses.

7.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Disposal of moneys received by Minister.

8.—Moneys received by the Minister under this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

Repeal and transitional provisions.

9.—(1) Each of the enactments set out in the Third Schedule is, subject to subsection (2), hereby repealed to the extent specified in the third column of that Schedule.

Continuance of orders and regulations.

10.—Every order and regulation made under a repealed enactment and in force immediately before the commencement of this Act shall continue in force and may be amended or revoked as if made under this Act.

PART II

Control and Eradication of Disease Application Application of this Act.

11.—(1) Subject to subsection (2), this Act shall apply to the animals, poultry and diseases specified in the First Schedule.

Prevention and Eradication Notification of disease.

12.—(1) The Minister may prescribe that notice be given of the existence or suspected existence of any particular disease or illness of animals or poultry, the persons by whom the notice is to be given, and the authority to whom and the manner in which it is to be given.

Orders for prevention or checking of disease.

13.—The Minister may, for the purpose of the prevention or checking or eradication of disease, make orders for all or any of the purposes set out in the Second Schedule.

Infected Places and Areas General provisions as to infected places and areas.

14.—(1) The Minister may prescribe— (a) the cases in which places and areas are to be declared to be infected with a disease; (b) the authority, mode and conditions by and on which declarations in that behalf are to be made; (c) the effect and consequences of such declarations; (d) the duration and discontinuance of such declarations; and (e) other matters connected with the making of such declarations.

Orders relating to infected places and areas.

15.—The Minister may make orders— (a) prescribing and regulating the publication, in relation to a place or area declared infected, of the fact of such declaration; (b) prohibiting or regulating the movement of animals and poultry and persons into, within, or out of an infected place or area; (c) prescribing and regulating the isolation or separation of animals and poultry being in an infected place or area; (d) prohibiting or regulating the removal of carcases, eggs, fodder, litter, utensils, pens, hurdles, dung, or other things into, within, or out of an infected place or area; (e) prescribing and regulating the destruction, burial, disposal, or treatment of carcases, eggs, fodder, litter, utensils, pens, hurdles, dung, or other things, being in an infected place or area, or removed thereout; (f) prescribing and regulating the cleansing and disinfection of infected places and areas, or parts thereof, and of receptacles or vehicles used for the confinement or conveyance of animals or poultry; (g) prescribing and regulating the disinfection of the clothes of persons being in an infected place, and the use of precautions against the spreading of disease by such persons.

Power to exclude strangers.

16.—A person owning or having charge of animals, poultry or eggs in an infected place or area may affix, at or near the entrance to a building, enclosure or farm in which the animals, or poultry or eggs are, a notice forbidding persons to enter thereon without the permission mentioned in the notice, and thereupon it shall not be lawful for any person, not having by law a right of entry or way into, on or over that building, enclosure or farm, to enter or go into, on, or over it without that permission.

Slaughter Slaughter of diseased animals and compensation.

17.—(1) The Minister may cause to be slaughtered— (a) any animals or poultry affected with any Class A disease or suspected of being so affected, and (b) any animals or poultry which are or have been in the same field, shed or other place, or in the same herd or flock or otherwise in contact with animals or birds so affected or suspected of being so affected, or which appear to the Minister to have been in any way exposed to the infection concerned.

General provisions as to disposal of animals, poultry and carcases.

18.—(1) Where an animal or bird has been slaughtered under this Act at the direction of the Minister, the carcase of the animal or bird shall belong to the Minister and shall be buried or sold or otherwise disposed of at the direction of the Minister, as the condition of the animal or bird or carcase and other circumstances may require or admit.

Clearance, Attested and Disease-Free Areas Clearance, attested and disease-free areas.

19.—The Minister may, where it appears to him to be necessary for the purpose of the eradication of any Class B disease, make in relation to such disease orders— (a) declaring an area (in this Act referred to as a clearance area) to be an area in which the disease is to be eradicated; (b) declaring an area as to which the Minister is satisfied that the disease is virtually nonexistent, to be an attested or disease-free area; (c) prescribing the conditions under which animals or poultry may be exported, and designating ports or aerodromes, or parts of ports or aerodromes, or routes for such export.

Orders in relation to clearance, attested and disease-free areas.

20.—The Minister may make, in relation to any clearance area or attested or disease-free area, orders— (a) as to animals or poultry affected or suspected of being affected or capable of affecting animals or poultry with the relevant disease— (i) authorising the taking of possession, by agreement, of the animals or poultry on behalf of the Minister; (ii) in default of agreement, securing and regulating the removal out of the area or slaughter of the animals or poultry; (iii) securing and regulating the isolation and maintenance of the animals or poultry pending their being taken possession of on behalf of the Minister or removed out of the area or slaughtered; (b) securing and regulating the isolation and testing from time to time of animals or poultry brought on to land or premises; (c) the prohibition or restriction of the movement of animals and poultry into, out of, through or within the area; (d) securing and regulating the keeping of records in relation to animals or poultry and the production and inspection of the records; (e) specifying forms of notices to be served under orders made by virtue of this section; (f) providing, in cases in which there has been failure to comply with the requirements of any such notice, for— (i) in case the notice requires removal out of the area or slaughter of animals or poultry—the taking of possession of the animals or poultry, their disposal as the Minister thinks fit and the recovery (without prejudice to any penalty that may have been incurred) of the cost of taking possession of the animals or poultry and of thereafter maintaining them and disposing of them; (ii) in any other case—the carrying out of the requirements of the notice by or on behalf of the Minister and the recovery (without prejudice to any penalty which may have been incurred) of the cost of carrying out the requirements; (g) determining, in the case of holdings situate partly within and partly outside any clearance, attested or disease-free area, or situate wholly or partly within two or more such areas, the area to which such holdings belong; (h) authorising entry on land or premises for the purposes of any such order; (i) for purposes ancillary or incidental to any of the foregoing purposes.

Regulations as to animal remedies.

21.—

Section 7

Compensation for animals and poultry taken in clearance, attested and disease-free areas.

22.—The Minister shall, subject to section 58, pay compensation for animals and poultry taken possession of on his behalf pursuant to an order under section 20.

Slaughter and compensation in other cases.

23.—(1) The Minister may, in relation to any Class B disease, give public notice in such manner as he considers suitable of his intention to make an order under which a specified area will be a clearance area.

Registers of attested or disease-free herds and flocks.

24.—(1) The Minister may for any Class B disease set up and maintain a register of herds or flocks of any particular species of animals or poultry.

Testing, Marking, Etc.

Powers of authorised persons and officers.

25.—(1) For the purpose of the eradication of a Class B disease, an authorised person, on production, if requested, of his authorisation, may at all reasonable times— (a) in relation to any animals or poultry, make such examinations, apply such tests, take such samples, use such vaccine or serum and apply such marks as may be reasonably necessary, or as may be required or prescribed by this Act or by the Minister; (b) enter on any land or premises for the purpose of such examining, testing, sampling or marking; (c) require any person, being the owner or in charge of animals or poultry or the owner or occupier of or employed on lands or premises so entered, to give such assistance or to carry out such instructions as may be reasonably necessary for the purpose of such examining, testing, sampling or marking or to give such information as may be reasonably necessary in connection with the furtherance of eradication of the disease or for the administration of any order under this Act.

Movement and Transit Diseased animals or poultry in transit.

26.—The Minister may make orders— (a) prohibiting or regulating the sending or carrying of diseased or suspected animals or poultry, or of dung or other thing likely to spread disease, or causing them to be sent or carried, on railways, canals, rivers or inland navigations, or on highways or thoroughfares, or in vessels, aircraft or otherwise; (b) prohibiting or regulating the leading or driving of diseased or suspected animals or poultry, or the causing of them to be led or driven on highways or thoroughfares or elsewhere; (c) prohibiting or regulating the placing or keeping of diseased or suspected animals or poultry on common or unenclosed land or in fields or other places insufficiently fenced, or on the sides of highways; (d) prohibiting or regulating the exposure of diseased or suspected animals or poultry in markets or fairs or saleyards, or other public or private places where animals or poultry are commonly exposed for sale; (e) making provision for animals and poultry affected or suspected of being affected with disease— (i) while exposed for sale or exhibited in a market, fair, sale-yard, place of exhibition or other place, or (ii) while placed in a lair or other place before exposure for sale, or (iii) while in transit or in course of being moved by land or by water, or (iv) while being in common or unenclosed land, or (v) while being in a slaughter-house or place where animals or poultry are slaughtered or are kept with a view to slaughter, or (vi) generally, while being in a place not in the possession or occupation or under the control of the owner of the animals or poultry; (f) making provision for the consequences under this Act of animals or poultry being found in the places and in the circumstances mentioned in this section, both in relation to the places in which the animals or poultry are so found and to any other animals or poultry that may be or may have been in any of the said places and with which they were or may have been in contact.

Regulation of movement of animals, fairs, markets, etc.

27.—The Minister may make orders— (a) prohibiting, regulating or restricting the movement save under licence of animals or poultry and the removal of carcases, fodder, litter, dung, eggs and other things, for prohibiting and regulating the user of eggs and for prescribing and regulating the isolation of animals or poultry newly purchased or imported; (b) prescribing and regulating the issue and production of licences in regard to the movement and removal of animals, poultry, eggs and things; (c) prohibiting or regulating the holding of markets, fairs, exhibitions and sales of animals or poultry and the exposure of animals and poultry thereat; (d) prescribing and regulating the cleansing and disinfection of places used for the holding of markets, fairs, exhibitions or sales of animals or poultry or for lairage of animals, and yards, sheds, stables, and other places used for animals or poultry; (e) prescribing and regulating the cleansing and disinfection of vessels, aircraft, vehicles, places, pens and fittings, used for animals or poultry or for the carrying of animals or poultry or purposes connected therewith; (f) prescribing and regulating the records to be kept of purchases and sales of animals and poultry, the manner in which such records are to be kept and the circumstances under which, and the authority or person to whom, the contents of such records are to be made known.

Transport of animals and poultry.

28.—For the purpose of preventing the spread of disease or of preventing injury or suffering to animals and poultry the Minister may make orders— (a) regulating generally the transport of animals and poultry and the conditions under which animals and poultry are to be kept and handled at fairs, markets, marts, lairs, railway stations and other places where animals or poultry are assembled prior to transport, shipment, exhibition or slaughter; (b) requiring and regulating the provision of food and water at railway stations, fairs, markets, marts, lairs and places where animals or poultry are assembled awaiting transit, shipment, exhibition or slaughter; (c) prescribing the period during which food or water must be supplied to animals or poultry in transit or awaiting transit, shipment, exhibition or slaughter and the persons who shall supply such food or water; (d) prescribing the construction, dimensions and fitting of vehicles and aircraft used for the conveyance of animals or poultry and the construction, dimensions and fittings of premises and places where animals or poultry are sold or assembled while awaiting transit, shipment or slaughter; (e) prohibiting, absolutely or conditionally, the use, for the carrying of animals or poultry, or for any purpose connected therewith, of a vessel, vehicle, aircraft, pen or lair or other place in respect whereof, or of the use whereof, a penalty has been imposed on any person for an offence under this Act; (f) requiring and regulating the furnishing of information as to animals and poultry which die or are injured in transit or at places where animals are bought and sold or assembled awaiting transport, shipment, exhibition or slaughter.

Carriage of animals and poultry by sea or air.

29.—The Minister may make orders— (a) for protecting animals and poultry carried by sea or air from unnecessary suffering during the passage and on landing; (b) for ensuring for animals and poultry carried by sea or air a proper supply of food and water and proper ventilation during the passage and on landing; (c) prescribing and regulating the construction and fittings of the parts of vessels or aircraft used for the carriage of animals or poultry; (d) prohibiting the conveyance of animals or poultry by any specified vessel or aircraft for such time as the Minister may consider expedient: (e) prescribing and regulating the notice to be given of proposed exports of animals or poultry; (f) prescribing and regulating the conditions in regard to detention, resting and inspection of animals and poultry prior to export; (g) prohibiting, except under licence, the export of animals or poultry.

Importation Import of animals poultry, etc.

30.—(1) The Minister may make orders— (a) prohibiting, except under licence, or regulating the importation or landing or bringing into a port or aerodrome in the State of animals or poultry or of any specified kind of animal or poultry or of carcases, eggs, animal or poultry products (including products made from or containing animal or poultry products, carcases or eggs), fodder, litter, dung, or other thing, either generally or from any specified country or part of any such country; (b) requiring and regulating the disinfection of persons entering the State, of their clothing and baggage and the giving of such information concerning their occupation and previous movements as the Minister may reasonably require.

Quarantine stations.

31.—Notwithstanding anything in this Act the Minister may by order permit the landing of imported animals, poultry or eggs for immediate conveyance in such manner and subject to such precautions as he may prescribe to premises or accommodation approved by him for quarantine purposes and to be called a quarantine station.

Saver in relation to Customs Acts.

32.—No order or regulation made or thing done in accordance with the provisions of this Act shall absolve the importer, exporter or other person concerned with the import, landing or export of any animal, bird, eggs or other thing from complying with the relevant requirements of the Customs Acts in regard to the animal, bird, eggs or other thing concerned.

Provision in regard to imported animals, poultry, quarantine, etc.

33.—The Minister may make orders in relation to imported animals, poultry, eggs, carcases, fodder, litter, dung or other things— (a) prescribing and regulating the movement of imported animals, poultry, eggs, carcases, fodder, litter, dung or other things; (b) prescribing and regulating the detention and isolation of animals, poultry and things on particular premises or parts of such premises; (c) prescribing and regulating the slaughter and disposal of animals and poultry illegally imported; (d) prescribing that eggs, carcases, fodder, litter, dung and other things imported under licence may be destroyed or otherwise disposed of as the Minister may direct; (e) prescribing for any imported animal or bird any test for disease or treatment for disease; (f) prescribing for the supervision and control of animals, poultry or eggs whether in, or in the course of conveyance to, a quarantine station and for their movement or the prohibition of their movement either into or out of such station; (g) prescribing for the slaughter of animals and poultry and the destruction of eggs in a quarantine station in the event of disease, for the payment of compensation and the determination of ownership of the carcases of animals and poultry so slaughtered.

Regulation of ports, aerodromes, landing places and imported animals.

34.—The Minister may make orders— (a) prescribing— (i) the ports, aerodromes and landing places at which alone imported animals and poultry may be landed; (ii) the aerodromes which alone may be used by aircraft carrying imported animals; (b) defining the limits of landing places for the purposes of this Act, and (c) defining parts of ports or aerodromes.

Sheep Scab Prevention of sheep scab.

35.—(1) The Minister may make orders— (a) prescribing, regulating and securing the periodical treatment of all sheep by effective dipping or by the use of some other remedy for sheep scab; (b) prescribing and regulating the mode of such treatment; (c) providing that only such dips or other remedies as are approved by the Minister may be used for the purpose of this section.

PART III

Functions of Local Authorities Duties of local authorities.

36.—Each local authority shall execute and enforce this Act and every order of the Minister so far as they are to be executed and enforced by local authorities.

Default of local authorities.

37.—(1) Where a local authority fails to execute or enforce any of the provisions of this Act or of an order of the Minister the Minister may by order empower a person therein named to execute and enforce those provisions or to procure the execution and enforcement thereof.

Power to authorise the making of regulations by local authorities.

38.—The Minister may make such orders as he thinks fit directing or authorising a local authority to make regulations for any of the purposes of this Act or of an order thereunder.

Slaughter of animals and poultry by local authorities.

39.—(1) The Minister may make orders directing or authorising, in case of the existence or suspected existence of any disease and under such conditions as he may prescribe, the slaughter of animals and poultry and the destruction of carcases and eggs or other things by local authorities, either generally or in particular instances, and for the payment of compensation, in all or any of such cases, by local authorities.

Regulations of local authorities.

40.—(1) A regulation of a local authority may be proved— (a) by the production of a newspaper purporting to contain the regulation as an advertisement, or (b) by the production of a copy of the regulation purporting to be certified by the secretary of the local authority as a true copy.

Functions of local authority as to orders, etc.

41.—(1) A local authority shall at its own expense publish every order of the Minister and every licence or other instrument sent to it by the Minister for publication, in such manner as the Minister directs, and subject to and in the absence of any direction, by advertisement in a newspaper circulating in the district of the local authority.

PART IV

Administration General powers of inspectors.

42.—(1) An inspector shall have, for the purposes of this Act, all the powers which a member of the Garda Síochána has under this Act in the place where the inspector is acting.

Powers to detain vessels and aircraft.

43.—(1) Where an inspector of the Minister is satisfied that this Act or an order of the Minister or regulation of a local authority has not been or is not being complied with on board a vessel in a port or an aircraft in an aerodrome then, on the representation in writing to that effect of the inspector, stating particulars of non-compliance, the vessel or aircraft may be detained until the Minister otherwise directs.

(3)

Section 692

of the Merchant Shipping Act, 1894 , and sections 64 and 65 of the Air Navigation and Transport Act, 1936 , shall, as appropriate, apply in the case of such detention as if it were authorised or ordered under those Acts.

Expenses of burial of carcases washed ashore.

44.—(1) Where a carcase washed ashore is buried or destroyed under the direction of a receiver of wreck with authority from the Minister for Transport and Power, the expenses thereof shall be expenses of the local authority and shall be paid by the local authority to the receiver on demand, and in default of payment shall be recoverable with costs by the receiver from the local authority.

Powers to appoint additional inspectors, etc.

45.—The Minister may, for the purpose of the execution of this Act, employ such additional inspectors, valuers and other persons and at such remuneration, and may incur such expenses as, subject to the approval of the Minister for Finance, the Minister thinks necessary.

Powers and duties of the Garda Síochána.

46.—(1) The Garda Síochána shall execute and enforce this Act, every order of the Minister and every regulation of a local authority.

PART V

Offences and Legal Proceedings Prosecution of offences.

47.—An offence under this Act may be prosecuted by the Minister.

Offences punishable by fine only, unless offence repeated within twelve months.

48.—(1) If a person, without lawful authority or excuse, proof of which shall lie on him, does any of the following things, he shall be guilty of an offence— (a) if he does anything in contravention of this Act, or of an order of the Minister, or of a regulation of a local authority; or (b) if, where required by this Act or by an order or regulation made thereunder to keep an animal or bird separate as far as practicable, or to give notice of disease with all practicable speed, he fails to do so; or (c) if he fails to give, produce, observe, or do any notice, licence, rule, or thing which by this Act, or by an order of the Minister, or by a regulation of a local authority, or by an authorised person he is required to give, produce, observe, or do; or (d) if he does anything which by this Act or an order of the Minister is made or declared to be not lawful; or (e) if he does or omits anything, the doing or omission of which is declared by this Act or by an order of the Minister to be an offence; or (f) if he refuses to an inspector or other officer or authorised person acting in execution of this Act, or of an order of the Minister, or of a regulation of a local authority, admission to any land, building, place, vessel, pen, vehicle, boat or aircraft which the inspector or officer is entitled to enter or examine, or obstructs or impedes him in so entering or examining, or otherwise in any respect obstructs or impedes an inspector or a member of the Garda Síochána in the execution of his duty, or assists in any such obstruction or impeding; or (g) if he throws or places, or causes or suffers to be thrown or placed, into or in any river, stream, canal navigation, or other water, or into or in the sea within three miles of the shore, the carcase of an animal or bird which has died of disease, or been slaughtered as diseased or suspected; or (h) if when duly required to do so under this Act or any order made thereunder he refuses or fails to give information within his knowledge or wilfully or negligently gives false or misleading information.

Offences punishable in all cases by fine or imprisonment.

49.—(1) If a person does any of the following things, he shall be guilty of an offence— (a) if, with intent to evade this Act or an order of the Minister or a regulation of a local authority, he does anything for which a licence is requisite under this Act or an order of the Minister or a regulation of a local authority, without having obtained a licence; or (b) if, where a licence is requisite, having obtained a licence, he, with the like intent, does the thing licensed after the licence has expired; or (c) if he uses or offers or attempts to use as such a licence an instrument not being a complete licence, or an instrument untruly purporting or appearing to be a licence, unless he shows to the satisfaction of the court that he did not know of that incompleteness or untruth and that he could not with reasonable diligence have obtained knowledge thereof; or (d) if he alters or falsely makes or antedates or counterfeits or offers or utters, knowing it to be altered, or falsely made or ante-dated or counterfeited, a licence, declaration, certificate, or instrument made or issued, or purporting to be made or issued, under or for any purpose of this Act or of an order of the Minister or a regulation of a local authority; or (e) if, for the purpose of obtaining a licence, certificate or instrument, he makes a declaration or statement false in any material particular, unless he shows to the satisfaction of the court; that he did not know of that falsity and that he could not with reasonable diligence have obtained knowledge thereof; or (f) if he obtains or endeavours to obtain such a licence, certificate or instrument by means of a false pretence, unless he shows to the satisfaction of the court that he did not know of that falsity, and that he could not with reasonable diligence have obtained knowledge thereof; or (g) if he grants or issues such a licence, certificate or instrument, being false in any date or other material particular, unless he shows to the satisfaction of the court that he did not know of that falsity, and that he could not with reasonable diligence have obtained knowledge thereof, or if he grants or issues such a licence, certificate or instrument, having and knowing that he has no lawful authority to grant or issue it; or (h) if, with intent to evade or defeat this Act or an order of the Minister, or a regulation of a local authority, he grants or issues an instrument being in form a licence, certificate or instrument made or issued under this Act or an order of the Minister or a regulation of a local authority, for permitting or regulating the movement of a particular animal or bird or the doing of any other particular thing, but being issued in blank, that is to say, not being before the issue thereof so filled up as to specify any particular animal or thing; or

(i) if he uses or offers or attempts to use for any purpose of this Act or of an order of the Minister or of a regulation of a local authority, an instrument so issued in blank, unless he shows to the satisfaction of the court that he did not know of it having been so issued in blank, and that he could not with reasonable diligence have obtained knowledge thereof; or (j) if he by means of any fraud or false pretence obtains or attempts to obtain, compensation from the Minister in respect of an animal or bird slaughtered or of a carcase or eggs destroyed, or aids or abets any person in any such fraud or false pretence; or (k) if, without lawful authority or excuse, proof whereof shall lie on him, he digs up, or causes to be dug up, a carcase buried under the direction of the Minister or of a local authority or of a receiver of wreck; or (l) if, where the Minister has by order prohibited, absolutely or conditionally, the use for the carrying of animals or birds or for any purpose connected therewith of a vessel, vehicle, aircraft or pen or other place, he without lawful authority or excuse, proof whereof shall lie on him, does anything so prohibited.

Appeals from orders made on complaint. [cf. 1955 No. 10, s. III.] 50.—A person aggrieved by an order made by the District Court on determining a complaint under this Act may appeal therefrom to the judge of the Circuit Court within whose circuit is situate the courthouse in which the decision of the District Court was given, and the decision of the judge on such appeal shall be final.

Proceedings under Customs Acts for unlawful landing or shipping.

51.—(1) If any person lands or ships or attempts to land or ship an animal, bird or thing in contravention of this Act or of an order of the Minister, he shall be liable, under and according to the Customs Acts, to the penalties imposed on persons importing or exporting or attempting to import or export goods the importation or exportation of which is prohibited by or under the Customs Acts, without prejudice to any proceeding against him for an offence under this Act.

General provisions as to procedure.

52.—(1) Where the owner or person in charge of an animal or bird is charged with an offence under this Act in relation to disease or to any illness of the animal or bird, he shall be presumed to have known of the existence of the disease or illness, unless he shows to the satisfaction of the court that he had not, and could not with reasonable diligence have obtained, such knowledge.

Evidence and form and service of instruments.

53.—(1) In any proceeding under this Act, no proof shall be required of the appointment or handwriting of an inspector or other officer of the Minister or of the secretary or an inspector or other officer of a local authority.

PART VI

Miscellaneous Restrictions sale and export of horned cattle.

54.—(1) On and after such day as the Minister may by order appoint, no person shall sell, offer or expose for sale or export or expose for export any horned cattle.

Amendment of Clean Wool Act, 1947.

55.— Sections 7 and 8 of the Clean Wool Act, 1947 , (which prohibit the manufacture of, and dealings in, certain sheep dips) shall not apply to dips approved by the Minister under statutory authority.

Orders as to dogs.

56.—The Minister may make orders— (a) prescribing and regulating the muzzling of dogs, and the keeping of dogs under control; (b) prescribing and regulating the wearing by dogs of a collar or harness with the name and address of the owner inscribed thereon or on a plate or badge attached thereto; (c) with a view to the prevention of worrying of animals, for preventing dogs, or any kind of dogs, from straying during all or any of the hours between sunset and sunrise; (d) providing that any dog in respect of which an offence is being committed against provisions made under paragraph (b) or (c), may be seized and treated as a stray dog under the enactments relating to dogs; (e) prescribing and regulating the seizure, detention and disposal (including slaughter) of stray dogs and of dogs not muzzled, and of dogs not being kept under control, and the recovery from the owners of dogs of the expenses incurred in respect of their detention.

Pasteurising of separated milk.

57.—(1) The Minister may make regulations under the Dairy Produce Act, 1924 , requiring that all or any premises registered in the register of creameries or all or any premises registered in the register of cream separating stations shall be equipped with plant for pasteurising separated milk, and may by such regulations prescribe the mode and manner in all respects of pasteurising separated milk required by those regulations to be pasteurised on require the retention of such records for inspection and their being made available for inspection.

Provisions as to compensation.

58.—(1) The provisions of this section shall apply in relation to compensation under section 17 or 22.

FIRST SCHEDULE Application of this Act

Section 11

.

Part I.

Animals 1.

Cattle.

2.

Goats.

3.

Cats and all other feline animals.

4.

Dogs and all other canine animals.

5.

Horses and all other equine animals.

6.

Sheep.

7.

All other ruminating animals.

8.

Swine.

9.

Agoutis, beavers, capybara, chinchillas, ferrets, fitches, guinea pigs, hamsters, hares, hedgehogs, jerboas, lemmings, marmots, martens, mice, mink, moles, mongooses, nutria, porcupines, prairie dogs, raccoon, rabbits, rats, shrews, squirrels, voles, and all other animals of the genus rodentia, insectivora and mustelidae.

Part II

Poultry 1.

Domestic fowls.

2.

Turkeys.

3.

Geese.

4.

Ducks.

5.

Guinea-fowls.

6.

Partridges.

7.

Pheasants.

8.

Grouse.

9.

Pigeons.

10.

Doves.

11.

Peafowl.

12.

Swans.

13.

Birds of the species Psittaciformes, including any of the birds commonly called parrots, parrakeets, budgerigars, lovebirds, macaws, cockatoos, conures, caiques, lories and lorikeets.

Part III

Diseases of Animals and Poultry Class A 1.

Cattle Plague.

2.

Pleuro-Pneumonia.

3.

Foot-and-Mouth Disease.

4.

Sheep pox.

5.

Swine Fever.

6.

Epizootic Lymphangitis.

7.

Parasitic mange.

8.

Babies.

9.

Glanders.

10.

Anthrax.

11.

Fowl Pest in any of its forms, including Newcastle disease and fowl plague.

Class B 1.

Sheep scab.

2.

Bovine Tuberculosis.

3.

Brucellosis in cattle.

4.

Warble-fly infestation.

SECOND SCHEDULE Purposes for which orders may be made by the Minister under section 13.

Section 13

.

THIRD SCHEDULE Enactments Repealed

Section 9

.

Session and Chapter or Number and Year Short Title Extent of Repeal 57 & 58 Vict. c. 57.

Diseases of Animals Act, 1894.

The whole Act.

59 & 60 Vict. c. 15.

Diseases of Animals Act, 1896.

The whole Act.

3 Edw. 7 c. 43.

Diseases of Animals Act, 1903.

The whole Act.

6 Edw. 7 c. 32.

Dogs Act, 1906.

Section 2.

9 Edw. 7 c. 26.

Diseases of Animals Act, 1909.

The whole Act.

1 & 2 Geo. 5 c. 11.

Poultry Act, 1911.

The whole Act.

4 & 5 Geo. 5 c. 40.

Diseases of Animals (Ireland) Act, 1914.

The whole Act.

No. 14 of 1932.

Diseases of Animals Act, 1932.

The whole Act.

No. 25 of 1934.

Poultry (Diseases) Act, 1934.

The whole Act.

No. 32 of 1935.

Diseases of Animals Act, 1935 .

The whole Act.

No. 17 of 1938.

Diseases of Animals Act, 1938 .

The whole Act.

No. 2 of 1945.

Diseases of Animals Act, 1945 .

The whole Act.

No. 10 of 1949.

Diseases of Animals Act, 1949 .

The whole Act.

No. 6 of 1954.

Diseases of Animals Act, 1954 .

The whole Act.

No. 14 of 1957.

Diseases of Animals (Bovine Tuberculosis) Act, 1957 .

The whole Act.

No. 26 of 1960.

Diseases of Animals Act, 1960 .

The whole Act.

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