COMPENSATION FOR SLAUGHTERED ANIMALS [ S.L.36.18 1 SUBSIDIARY LEGISLATION 36.18 COMPENSATION FOR SLAUGHTERED ANIMALS REGULATIONS 26th May, 1961 LEGAL NOTICE 29 of 1961, as amended by Legal Notices 62 of 1972, 50 of 1973 and 76 of
- The title of these Regulations is Compensation for Slaughtered Animals Regulations. Title.
- In these Regulations, unless the context otherwise requires - Interpretation. Amended by: L.N. 62 of
- "Director" means the Director of Agriculture and Fisheries; "Minister" means the Minister responsible for the Department of Agriculture; "the Ordinance" means the Prevention of Disease Ordinance; Cap.
- "government veterinary surgeon" means a veterinary surgeon in the employment of the government. 3.
(1)The compensation payable in respect of animals, other than those declared to be affected with anthrax, slaughtered under the provisions of article 75 of the Ordinance shall be: (
- a)in the case of animals affected with cattle plague or pleura-pneumonia, the market value of the carcase as fit for industrial purposes only; and Compensation for animals slaughtered under article 75 of the Ordinance. (
- b)in the case of animals affected with glanders, the market value of the animals if sold as still serviceable at the initial stage of the disease.
(2)Compensation shall not be payable in respect of animals suffering from anthrax. 4. The compensation payable in respect of animals slaughtered under the provisions of article 76 of the Ordinance shall be: (
- a)in the case of bovines affected with tuberculosis or brucellosis, such compensation as may be determined in accordance with the provisions of the Schedule hereto; or (
- b)in the case of animals other than bovines affected with tuberculosis or brucellosis the full market value of the animals: Provided that no person shall receive, within any period of twelve months, in respect of slaughtered animals more than two-thirds of the total value of the herd, flock or other type of animals owned by him at the time of the slaughter: Compensation for animals slaughtered under article 76 of the Ordinance. Amended by: L.N. 62 of 1972. 2 [ S.L.36.18 COMPENSATION FOR SLAUGHTERED ANIMALS Provided further that when the Director declares that there is in the country an epidemic of any animal disease, the rate of compensation payable shall be determined by the Minister with the concurrence of the Minister responsible for Finance. Foreign animals. 5. Compensation shall not be payable in respect of animals imported from foreign parts if any such animal is slaughtered after it has been found to be affected width disease while under observation at a quarantine station or within ten days from the date of its landing in Malta or of its release from the quarantine station. Loss of right for compensation. Added by: L.N. 62 of 1972. 6. No compensation shall be payable under these Regulations to any owner of the animals if (
- a)in the opinion of the Director, such owner has not taken all the necessary precautions to prevent the disease; or (
- b)such owner has not been registered with the Director; or (
- b)such owner has not submitted to the Director, when so requested, a return giving all the information required by the Director. SCHEDULE Amended by: L.N. 50 of 1973; L.N. 76 of 1988. (Regulation 4) Compensation for the slaughter of bovines affected by Tuberculosis or Brucellosis Interpretation. 1. In this Schedule, unless the context otherwise requires - "disease" means tuberculosis or brucellosis and "diseased" shall be construed accordingly; "herd" means a herd of bovines and includes one bovine. Compensation in cash or in kind. Amended by: L.N. 50 of 1973; L.N. 76 of 1988. Financial compensation. Amended by: L.N. 50 of 1973; L.N. 76 of 1988. 2. Where a diseased bovine is slaughtered under the provisions of article 76 of the Ordinance, the Director may either pay the owner financial compensation or give him a milch cow or a pregnant heifer in exchange for such bovine. 3. Where the Director pays financial compensation (
- a)such compensation shall in no case exceed the current cost of a milch cow or a pregnant heifer; and (
- b)where the diseased bovine is either less than one year old or is a bull, such compensation shall be the market value which such bovine had on the date of slaughter. Exchange of diseased bovines. Amended by: L.N. 50 of 1973; L.N. 76 of 1988. 4. Where the Director exchanges a milch cow or a pregnant heifer for a diseased bovine (
- a)such cow or pregnant heifer shall not, without the written authority of the Director, be slaughtered, disposed of or in any way transferred within the next COMPENSATION FOR SLAUGHTERED ANIMALS [ S.L.36.18 3 following eighteen months; and (
- b)the Director shall not be responsible for the health of such cow or pregnant heifer after the date of the exchange, if on that date a government veterinary surgeon declares it to be free from disease. 5. The foregoing provisions of this Schedule shall not apply and no compensation whatsoever shall be paid (
- a)in respect of the slaughter of such number of diseased bovines forming part of a herd as exceeds two-thirds of the total number of such herd where more than twothirds of the herd are diseased; and (
- b)in respect of the slaughter of diseased bovines forming part of a herd where bovines are introduced into the herd (
- i)(
- ii)without the written authorisation of the Director while the herd is in the process of being tested, analysed or otherwise examined with a view to the issue by the Director of a certificate to the effect that the herd is free from disease; or after the issue of such certificate if the bovines are introduced into the herd, without being certified by a government veterinary surgeon to be free from disease. Where no compensation shall be paid.