L.S. 439.29 Regolamenti dwar iż-Żamma ta’ Annimali f’Żoos

(1)The title of these regulations is the Keeping of Animals in Zoos Regulations.

(2)These regulations shall come into force within two

(2)months from the date of their publication in the Gazette.

(3)Citation, coming into force, scope, applicability and transitory period. The objectives of these regulations are: (

1. a)to transpose and implement Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos; (
2. b)to protect wild fauna and to conserve biodiversity by providing for the licensing, registration and inspection of zoos in the territory of Malta in order to strengthen the role of zoos in the conservation of biodiversity; (
3. c)to protect the health and well-being of animals; (
4. d)to protect the public from these animals. and

(4)These regulations shall apply to: (

1. a)zoo licence holders; (
2. b)zoos which are not licensed in accordance with these regulations and this limitedly for enforcement purposes; (
3. c)animals found in a licensed zoo or found on any site being operated as a zoo which is not licensed in accordance with these regulations;

(5)Any of the circumstances not covered by these regulations shall be regulated by the Owning and Keeping of Dangerous Animals Regulations.  S.L. 439.19.

(6)Existent licensed zoos are being granted a transitional period of one

(1)year from the coming into force of these regulations, to fulfil their obligations in terms of regulation 5 of these regulations. 2.

(1)For the purposes of these regulations and unless the context otherwise requires, the following definitions shall apply: Interpretation. Amended by: L.N. 136 of

1. 2 [ S.L. 439.29 Cap.
2. KEEPING OF ANIMALS IN ZOOS "Act" means the Animal Welfare Act; "animal" shall have the same meaning as that assigned to it in article 2 of the Act;    S.L. 437.
3. "animal health control programme" means the animal health control programme as established in regulation 79

(2)of the Veterinary Medicinal Products Regulations; "applicant" means a person who intends to manage, organise, set-up or operate a zoo; "captive breed" means an animal bred outside of its natural environment in restricted conditions such as farms, zoos or other closed facilities; "captive rearing" means an animal reared outside its natural environment under restricted conditions such as farms, zoos or other closed facilities; "captive wild animal" means an animal that has a phenotype not significantly affected by human selection but that is captive or otherwise lives under direct human supervision or control, including zoo animals and pets; "dangerous animal" means any species of animal as specified in the Schedule; "Director" means the Director responsible for animal welfare and includes, to the extent of the functions given, any public officer so authorised by the Director for any of the purposes of these regulations; "enclosure" means any confined space within which an animal is to be kept according these regulations; "exotic animal" means an animal that is not indigenous to the territory of Malta and that is not regularly reared or bred as a farm animal in Malta; "licence holder" means a person who holds a licence of a zoo in accordance to these regulations; "Malta" means the island of Malta and all its constitutive islands; "register" means the Dangerous Animals in Zoos Register which shall be kept by the Director and which shall include a list of all the dangerous animals found in the Schedule and kept in a licensed zoo. KEEPING OF ANIMALS IN ZOOS [ S.L. 439.29 "veterinary surgeon" means any veterinary surgeon authorised to practice the veterinary profession in accordance with the Veterinary Services Act and contracted by the licence holder as the person responsible for drawing up and supervising of a programme of veterinary medicine and, or surgery and for the health of the animals kept on site; 3    Cap. 437. "wild animal" means an animal that has a phenotype unaffected by human selection and lives independently of direct human supervision or control; "zoo" means all permanent establishments where dangerous, exotic and, or wild animals are kept for exhibition to the public whether or not an admission fee is charged, with the exception of pet shops: Provided that the Director may grant exemptions from the requirements of these regulations with due consideration to guidelines that may be published by the Director, depending on the number and species of the animals in question and according to a risk assessment, as long as the exemption will not prejudice the objectives of these regulations.

(2)Unless the context otherwise requires, words and phrases used in these regulations which are not herein defined shall have the same meaning as that assigned to them in the Act. 3.

(1)No person or entity shall manage, organise, set-up or operate a zoo without a licence. Licensing of a zoo.

(2)Any person or entity falling within the scope of subregulation

(1)or who intends to manage, organise, set-up or operate a zoo shall apply to the Director for a licence by means of the appropriate form as may be issued by the Director. 4.

(1)A licence holder shall hold only one

(1)zoo licence at any given time.

(2)A zoo licence issued in accordance with these regulations shall have a validity of one

(1)year from the date of its issue: Provided that a licence holder who on the date of publication of these regulations is managing or operating a zoo shall apply for the renewal of the zoo licence within a year

(1)from the date of publication of these regulations and shall thereafter renew his licence on a yearly basis.

(3)A copy of the licence and, or the renewed licence shall be placed in a prominent area at the main entrance of the zoo premises and the licence number shall always be included on any promotional material issued by the zoo and, or any third parties promoting and, or Other licensing conditions. 4 [ S.L. 439.29 KEEPING OF ANIMALS IN ZOOS advertising the zoo.

(4)An application for the renewal of a zoo licence or for the issuance of a licence shall be duly completed and sent to the Director on the appropriate form. This application shall be endorsed by a veterinary surgeon prior to being processed for consideration by the Director.

(5)Dangerous animals which are found at a zoo before the coming into force of these regulations shall be registered in the register after the Director confirms that the appropriate animal welfare and husbandry conditions are met.

(6)Applicants and licence holders shall submit to the Director all the details required on the appropriate form, including but not limited to the: (

1. a)irreversible means of identification of the animals in accordance with regulation 6; (
2. b)appropriateness of the site and enclosure for the animals in accordance with these regulations; (
3. c)the measures to be taken by the applicant or the licence holder to secure the safety and well-being of the animal and the general public, including first aid facilities for visitors; (
4. d)all the necessary permits as may be required from any governmental or national authority and proof of compliance therewith; (
5. e)any other details or documentation that may be requested by the Director from time to time and published in the Gazette by means of a Government notice; (
6. f)all the training information and certification held by the licence holder, contractors and staff involved in the handling of wild and dangerous animals: Provided that the Director may at his discretion issue from time to time a list of minimum training requirements for all persons handling zoo animals, including but not limited to animal first aid, use of restraining equipment, the use of tranquiliser guns and equipment including the type and dosage of the tranquilisers to be used. This list shall be published in the Gazette by means of a Government notice; (
7. g)all the details and information on the members of staff and contractors involved in the handling of animals and zoo handling: KEEPING OF ANIMALS IN ZOOS [ S.L. 439.29 Provided that any change in staff members or of the contractor involved in the handling of animals shall be notified in writing to the Director within five

(5)working days from such change, which notification shall include all the details and information on the new zoo staff member or contractor: Provided further that the Director may request at any time, from the applicant or the licence holder, any other relevant information or additional documentation which may be deemed necessary for the purpose of these regulations. Any processing of personal data pertaining to natural persons shall be in compliance with the principles of processing of personal data pursuant to Article 5 of Regulation (EU) 2016/679.

(7)The Director may refuse an application from an applicant and, or for renewal of a zoo licence for any reason which he may deem reasonable and in particular, for reasons related to animal health or welfare and the safety of the general public.

(8)The Director may only accept an application from an applicant or renew an application for a licence of a zoo, following payment of the relevant fees as established in the Fees (Keeping of Animals in Zoos) Regulations and where he is satisfied that the applicant and, or the licence holder, as the case may be, and members of the staff or contractor of the zoo dealing with animals: (

1. a)are sufficiently knowledgeable and, or their experience is commensurate to their responsibility; (
2. b)are sufficiently knowledgeable as to the proper organisation and running of the zoo, the proper handling of animals and are capable of satisfying their physiological and behavioural needs during the entirety of their keeping in the zoo; (
3. c)are sufficiently knowledgeable and, or experienced in relation to the conditions required to prevent any animal from escaping, with due consideration to the aggressiveness of any animal and to the possible risk for human safety and health; (
4. d)are able to fulfil the requirements of these regulations and any other applicable laws or regulations, as well as any condition which may be imposed upon them; (
5. e)have not been found guilty, at any time, of any offence involving the ill-treatment of animals or any other offence against the Act and, or the regulations made thereunder:    S.L. 35.37. 5 6 [ S.L. 439.29 KEEPING OF ANIMALS IN ZOOS Provided that the Director may publish guidelines in the Gazette as to how the licence holder or members of staff or contractor of the zoo dealing with animals, are to be assessed in relation to their knowledge and experience of the species of animals in the zoo.

(9)No dangerous animal listed in the Schedule shall be introduced into a zoo by a licence holder: Provided that this regulation shall not apply to the introduction of a dangerous animal into a licensed zoo, if that dangerous animal is to be part of a research and conservation programme as established in regulation 11: Provided further that this regulation shall not apply to transfers of dangerous animals from one zoo to another. However, in such circumstances the Director’s approval shall always be necessary before said transfer.

(10)The Director may refuse the introduction of an animal in a zoo for any reason which he may deem reasonable and in particular, for reasons related to animal health or welfare or the safety of the general public.

(11)All zoo licence holders shall be obliged to have insurance coverage on the zoo against potential loss or damage that might be caused to third parties.

(12)The Director may impose any conditions he deems fit on the licence holder with regard to the animals and any other relevant matters falling within the scope of these regulations. Enclosures. 5.

(1)All animals kept in accordance with these regulations shall be kept in an adequate and safe enclosure that respects the specific and individual animals’ physiological, psychological, conservational, and behavioural requirements. In particular, the enclosures shall be suitable with respect to: (

1. a)adequate space for movement, exercise, resting and for the animal to exhibit his normal behavioural patterns. The size of the enclosures shall be related to the species of animals it houses and according to guidelines that may be issued by the Director in the Gazette by means of a Government Notice which may be reviewed at any time at his discretion; (
2. b)hygiene; (
3. c)comfort and well-being; (
4. d)lighting levels; KEEPING OF ANIMALS IN ZOOS (
5. e)[ S.L. 439.29 climatic conditions; (
6. f)appropriate enrichment measures and facilities, according to the animal’s needs and social behaviour; (
7. g)affording susceptible animals’ protection from direct public gaze; (
8. h)preventing the public from having direct contact with animals listed in the Schedule; (
9. i)public. controlling of the feeding of the animals by the

(2)The enclosure shall be regularly maintained and updated according to species specific requirements as may be determined from time to time by the Director.

(3)The enclosure housing the animals shall be built of sturdy and durable material in a manner that limits the possibility of harm to any animal within them as well as the possibility of escape.

(4)Only staff authorised by the licence holder and those persons notified to the Director shall have access to the enclosure.

(5)Zoos which house the animals listed in the Schedule shall devise written measures for the prevention and recovery of escapees. Staff shall also be trained in evacuation of the public in emergency situations: Provided that in the event where a dangerous animal escapes from the zoo, such events shall be reported by the licence holder to the Director without delay and by not later than twenty-four

(24)hours from the escape: Provided further that the respective competent authorities responsible for public safety shall be notified as soon as the dangerous animal escapes.

(6)The enclosure may, depending on the animal being or intended to be housed within them, be required by the Director to: (

1. a)have an ante-room with a double door system that cannot be opened simultaneously with a separate door made of material which is strong and durable whereby each door shall be easily lockable for the animal’s custodian to lock and unlock it with ease; (
2. b)have animal proof locks; (
3. c)comprise an animal restraining system as required 7 8 [ S.L. 439.29 KEEPING OF ANIMALS IN ZOOS to access the enclosure for feeding, cleaning, the administration of medication or otherwise.

(7)The enclosure shall be monitored by closed circuit television systems (CCTV) for twenty-four

(24)hours a day, seven

(7)days a week with recordings for the previous five

(5)days remaining available and accessible upon request by the Director in a manner consistent with the requirement to ascertain the health conditions and behaviour of the animal.

(8)The enclosure shall have sufficient and appropriate lighting to be used only for verifying the well-being of the animals.

(9)The construction, expansion and, or substantial modification of an animal enclosure shall be notified by the licence holder to the Director at least one

(1)month in advance.

(10)The animal enclosure shall be inspected and approved by the Director who shall, in particular, ascertain its appropriateness with regard to conditions as stipulated in this regulation.

(11)An animal kept in accordance with these regulations shall not be housed in a different enclosure other than that intended for its housing, except where it is deemed necessary and with the prior written approval of the Director: Provided that in cases of emergencies, a dangerous animal may be relocated, as long as the safety of the public and of the animal is not compromised, and the licence holder shall inform the Director within twenty-four

(24)hours from relocation: Provided further that where maintenance of an enclosure or veterinary care of an animal is required, except for dangerous animals, the licence holder need not obtain the approval of the Director to relocate the animal in question to another suitable and appropriate enclosure in the same zoo, and such maintenance shall not take more than one

(1)week to be finalised from the date when the animal is housed in another enclosure.

(12)Signage related to the safety of the area shall be prominently displayed near each enclosure, especially in areas where direct contact with the animals takes place. The Director may at his discretion, issue rules on the content of these signs by means of a Government Notice published in the Gazette. Animal requirements. 6.

(1)A licence holder in terms of these regulations shall be solely and fully responsible for all the animals kept in a zoo and for any matter relating to the health, safety and welfare of the animals and the health and safety of the general public visiting the zoo. KEEPING OF ANIMALS IN ZOOS [ S.L. 439.29

(2)All those animals which are required to be identified under the Act and the Veterinary Services Act, including all those dangerous animals already present in the zoo shall undergo a method of irreversible means of identification. Such irreversible means of identification of the animals shall be in the form of a tattoo, an intracapsular device that complies with ISO-standard 11784, or Annex A ISO-standard 11785, and, or a DNA profile, depending on which method is best suited to the animal or any other means that the Director may where necessary, deem appropriate. The Director may require a DNA test from an ISO 17025 accredited laboratory for the species indicated in the Schedule, which shall be at the expense of the licence holder.  Cap. 437.

(3)The licence holder shall be required to maintain a high standard of animal husbandry with a programme on animal health, nutrition and a welfare programme developed by a veterinary surgeon. The Director may, at his discretion, issue from time to time minimum standards relating to on-site health facilities. These minimum standards shall be published in the Gazette through a Government notice: Provided that the animal health facility shall operate according to and be in conformity with the provisions of the Private Veterinary Establishments (Licensing) Regulations.   S.L. 437.106.

(4)No person shall deliberately release or attempt to release an animal falling within the scope of these regulations into the environment, or otherwise dispose of any such animal in his possession unless this is duly authorised by the Director. 7.

(1)A dangerous animal shall be identified as listed in the Schedule to these regulations: Provided that the Director may deem any animal to be a dangerous animal.

(2)If an animal is deemed to be a dangerous animal by the Director and such animal has not been listed in the Schedule, the Director may issue an emergency order which shall be published in the Gazette and which shall have immediate effect on its publication.

(3)An emergency order shall be valid for a period of six

(6)months from its date of publication in the Gazette and shall have the same effect as if the dangerous animal were included in the Schedule. The said order shall cease to have any effect on the expiration of the aforesaid period unless the emergency order is renewed.

(4)Any dangerous animal in a zoo may be transferred to another licensed zoo if there is the Director’s prior written approval: Provided that in cases of transfer or confiscation of Dangerous animals. 9 10 [ S.L. 439.29 KEEPING OF ANIMALS IN ZOOS dangerous animals, where the licence holder finds no other zoo able to house such an animal, the Director may seek the assistance of another licence holder, or confiscate that animal, or make any other arrangements as he may deem necessary, which arrangements shall observe the objectives stipulated in regulation 1

(3).

(5)Interaction with animals by members of the public, excluding the licence holder or any staff member or contractor involved in the handling of animals, shall in no instance be permitted, unless such human interaction is allowed in accordance with the guidelines which may be issued by the Director from time to time: Provided that when human interaction with animals is allowed, it shall at all times be supervised by the licence holder or the staff or contractor of the zoo and shall not include the feeding of dangerous animals: Provided further that any allowable human interaction with dangerous animals shall be limited to dangerous animals bred in accordance with these regulations and where such human interaction does not compromise the welfare of the animal and, or is not deemed to be a danger to the health and safety to other animals.

(6)Where the licence holder does not follow the instructions and guidelines as issued by the Director with regard to human interaction, the licence holder may have his licence revoked.

(7)Any animal introduced in a licensed zoo shall have been captive-bred and all details listed in regulation 15

(2)shall be made available upon request by the Director. Animals’ births and deaths. 8.

(1)Any birth of offspring of any animal listed in the Schedule which is found in a zoo, shall be notified to the Director within four

(4)days from birth through written communication sent by registered mail or by email: Provided that for invertebrates listed under the Schedule and for fish, an approximate number shall be sufficient.    Cap. 437.

(2)The offspring of animals listed in the Schedule and other animals found in the zoo shall be identified and registered with the Director in accordance with the Act, the Veterinary Services Act and with these regulations, within three

(3)weeks from the date of birth: Provided that the Director shall be notified of any eventual deaths of offspring of dangerous animals through an email within three

(3)working days from the date of such death, who may carry out an inspection to verify same.

(3)Any eventual deaths of animals listed in the Schedule, [ S.L. 439.29 KEEPING OF ANIMALS IN ZOOS 11 other than deaths of offspring, shall be notified to the Director within twenty-four

(24)hours by registered mail or by email. The Director may carry out an inspection and, or order a necropsy, as the case may be.

1. The Director shall confiscate any animal which has been subject or likely to be subject to ill treatment or in relation to which an offence under the Act or these regulations, has been or is likely to be committed. Confiscation of animals may also be carried out on site. Confiscation of animals.
2. Disposal of an animal carcass shall be carried out in line with Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation). The Director may witness the destruction of any carcass from a zoo. Animal carcasses.
3. The Director shall take all the necessary measures under these regulations to ensure that all zoos provide and abide by a comprehensive programme of at least two

(2)of the following: Research and conservation. (

1. a)participating in research from which conservation benefits accrue to the species and exchange of information relating to species conservation; (
2. b)training in relevant conservation skills; (
3. c)where appropriate, breeding as stipulated in regulation 12; (
4. d)repopulation or reintroduction of species into their natural habitat. 12.

(1)Breeding shall only be allowed upon application and following written approval by the Director. The licence holder, following a recommendation made by the veterinary surgeon, shall ensure that the following conditions are satisfied: (

1. a)the availability of appropriate enclosures to avoid overpopulation; space and (
2. b)maintenance of a stable and sustainable zoo animal population; (
3. c)maintenance of genetic diversity and prevention of inbreeding depression; (
4. d)species conservation; (
5. e)the following of a breeding programme; Breeding of animals. 12 [ S.L. 439.29 KEEPING OF ANIMALS IN ZOOS (
6. f)collaboration with an accredited approved international zoo or internationally accredited and renowned zoo association: Provided that this regulation shall apply to animals listed in the Schedule, and to any other species as identified by the Director, which may be published in the Gazette through a Government notice.

(2)When breeding is not approved by the Director, measures, such as physical separation of sexes and, or hormonal and, or surgical methods, amongst others or any other appropriate measure, need to be implemented to prevent unwanted mating.

(3)Zoos shall promote public education and awareness in relation to the conservation of biodiversity, particularly by providing information about the species exhibited and their natural habitats.

(4)The licence holder shall prevent the escape of animals, in order to avoid possible ecological threats to indigenous species, in particular by invasive alien species, and preventing the intrusion of outside pests and animals which can be harmful. Animal Welfare Awareness and Research Fund. 13.

(1)The Director shall set up and administer a fund for the purposes of these regulations, hereinafter referred to as the Animal Welfare Awareness and Research Fund.

(2)The Animal Welfare Awareness and Research Fund shall be used by recognised educational institutions and this for the purposes of scientific research, education, repopulation, reintroduction and conservation purposes of animals in zoos and other wild animals as approved by the Director and in accordance with other legislation.      S.L. 35.37.

(3)The applicant and, or the licence holder shall be subject to a contribution fee payable to the Animal Welfare Awareness and Research Fund upon application or the renewal of the licence respectively, in accordance with the Fees (Keeping of Animals in Zoos) Regulations: Provided that if the Director refuses an application from an applicant and, or for renewal of a zoo licence, the respective fee shall be reimbursed to the applicant or the licence holder as the case may be.

(4)No tax or other fiscal obligation shall be due for any income or payments received by the Animal Welfare Awareness and Research Fund. Substances and instruments. 14.

(1)A licence holder may be required to keep particular substances, instruments or both substances and instruments KEEPING OF ANIMALS IN ZOOS [ S.L. 439.29 13 deemed necessary to ensure the safety of the animal and of the general public: Provided that substances that require a veterinary prescription shall be under the responsibility of the zoo’s veterinary surgeon.

(2)A licence holder of a zoo housing dangerous animals shall be required to keep a tranquiliser gun and, or any other appropriate instrument or device in the zoo for the purpose of tranquilising animals. Such device or instrument shall only be used to aid in the handling of an animal which cannot be restrained by alternative methods, or in case of extreme necessity when the animal is out of control, or is exposing a human or other being to danger.

(3)Licence holders required to keep a tranquilizer gun, and, or any other appropriate instrument, or device in accordance with these regulations, shall comply with all relevant laws and regulations relating to such instruments.

(4)Any psychotropic and, or dangerous substances available to a licence holder in terms of this regulation shall: (

1. a)be procured with the Director’s written approval through the submission of the application form by the licence holder; (
2. b)be replenished with the Director’s written approval, as necessary: Provided that the Director may refuse authorisation or the replenishing of any substances to the licence holder.

(5)The Director shall keep a record of the type and quantity of the substances kept by each licence holder and the refusals of any substances. 15.

(1)zoos including: The Director shall keep a record of all the licensed (

1. a)holder; the details and contact details of the licence (
2. b)the full address of the zoo where the animals are kept; (
3. c)a site plan with the exact location of where the animals are kept; (
4. d)an official site plan issued by the Land Registration Agency; Dangerous Animals in Zoos Register and records to be held by the licence holder. 14 [ S.L. 439.29 KEEPING OF ANIMALS IN ZOOS (
5. e)the number and species of the Schedule animals authorised to be kept by the licence holder; (
6. f)a list of animal care staff and contractors which shall include their basic information together with their qualifications and, or training and, or experience; (
7. g)the qualifications: zoo veterinary surgeon’s details and Provided that the Director may request at any time from the licence holder, any other relevant information or additional document, which is deemed necessary for the purpose of these regulations. Any processing of personal data pertaining to natural persons shall be in compliance with the principles of processing of personal data pursuant to Article 5 of Regulation (EU) 2016/679.

(2)A licence holder shall keep records in relation to the animals housed within the zoo, which records shall include: (

1. a)species; the scientific and common names of the animal (
2. b)when applicable, the irreversible means of identification of the animal as indicated in regulation 6

(2); (

1. c)the complete traceability of the origin of the animals, including the complete names of persons and, or entities, their address, contact details and details of their connection to the animal from the animal’s birth to the last owner before the animal was transferred to the zoo; (
2. d)where applicable, the animal’s medical and surgical history, including veterinary prescriptions relative thereto; (
3. e)a constantly updated detailed census of animals which is to include: (
4. i)the number of addition of animals from all sources which shall be updated within seven

(7)days; (ii) the number of deaths and the age of the animal at death which shall be updated within seven

(7)days from the death of said animal; (iii) the number of animals leaving the zoo through sales, loans or escapes, which shall be updated within seven

(7)days from the sale, loan or escape; KEEPING OF ANIMALS IN ZOOS (

1. f)(
2. g)or transfer. [ S.L. 439.29 causes of any deaths for the Schedule animals; any document related to the animal’s importation

(3)The licence holder shall keep records of substances mentioned in regulation 14 used on animals including: (

1. a)the batch number of the products used; (
2. b)the quantity in which the substance is used; (
3. c)the time, place and reason why the substance was used: Provided that these records shall be made available upon request by the Director.

(4)The licence holder shall keep records of the feed given to the animals, and its origin according to guidelines which may be issued by the Director through notice in the Gazette.

(5)Any of the records referred to in this regulation shall be made available at any time upon request by the Director. 16.

(1)Regular inspections shall be carried out at least once

(1)a year by the Director to verify that the licensing conditions are being adhered to: Provided that the Director may carry out an inspection on the licence holder at any time and at his discretion.

(2)Before issuing a licence for a zoo and before renewing or amending the conditions of a licence, an inspection shall be carried out by the Director.

(3)The Director shall have the authority to enter without prior notification into a licensed zoo, or any site where there is a suspicion that animals are being kept without the required authorisation.

(4)The Director’s authority to inspect extends to any enclosure, equipment, substances and records with a view of ascertaining the proper keeping, health and welfare of any animal as well as the proper administration of substances and equipment and compliance with the same and any other applicable regulations and conditions imposed on the licence holder: Provided that the Director shall also be empowered to inspect any site where there is a suspicion that animals are being kept without the necessary authorisation and which is not licensed in Inspections. 15 16 [ S.L. 439.29 KEEPING OF ANIMALS IN ZOOS accordance with these regulations.

(5)The Director may request the assistance of the Police at any time before and, or during the inspection. Enforcement notice. 17.

(1)The Director shall serve an enforcement notice on any licence holder or a person operating a site as a zoo not licensed in accordance with these regulations.

(2)An enforcement notice shall be served on any licence holder or a person operating a site as a zoo not licensed in accordance with these regulations, who: (

1. a)did not meet the licensing conditions and, or is operating a site as a zoo not licensed in accordance with these regulations, as the case may be; (
2. b)is keeping an animal in an inappropriate manner regarding its safety and welfare, and, or the safety and welfare of the general public; (
3. c)is keeping an animal in an enclosure which fails to fulfil the requirements imposed on the licence holder by these regulations; (
4. d)has otherwise breached these regulations, any other applicable laws or regulations or any condition imposed upon him: Provided that in the event that the enforcement notice cannot be served for any reason on the licence holder or the person operating a site as a zoo not licensed in accordance with these regulations, the said enforcement notice shall be affixed in a place visible to the public at the zoo or the site which is being operated as a zoo and which is not licensed in accordance with these regulations.

(3)An enforcement notice shall require accordingly the licence holder or a person operating a site as a zoo not licensed in accordance with these regulations, as the case may be, to: (

1. a)conform with these regulations or any other laws or regulations within a period which the Director may establish; (
2. b)conform with any condition imposed upon him by the Director within a period which the Director may establish; (
3. c)carry out such works or take such steps as the Director may deem necessary and appropriate to remedy or prevent the continuation or repetition of any breach to which the enforcement relates, within a period which the Director may KEEPING OF ANIMALS IN ZOOS [ S.L. 439.29 17 establish, or; (
4. d)relinquish his authorisation as a licence holder in terms of these regulations.

(4)An enforcement notice shall: (

1. a)state the period of time within which the licence holder is to comply with the order contained therein; (
2. b)inform the licence holder or the person operating a site as a zoo not licensed in accordance with these regulations of the right of appeal under these regulations: Provided that the period of time within which the licence holder is to comply with an order contained in an enforcement notice shall be reasonable, depending on the circumstances, but shall never exceed one

(1)year.

(5)The Director may at any time: (

1. a)withdraw the enforcement notice; (
2. b)extend the period for compliance with any requirement contained in the enforcement notice; (
3. c)modify the enforcement notice. 18.

(1)If any of the licensing conditions are not met, the Director may order closure of the zoo or part thereof to the public: Provided that the Director shall with immediate effect order the closure of a site which is being operated as a zoo not licensed in accordance with these regulations.

(2)Upon closure of the zoo, or part thereof, or upon closure of the site which is being operated as a zoo not licensed in accordance with these regulations, the Director may confiscate on site the animals in question, which might be relocated, locally or abroad at the expense of the license holder or the person operating a site as a zoo which is not licensed in accordance with these regulations, within a period to be specified by the Director.

(3)In the event of a zoo or part thereof being closed or upon closure of a site which is being operated as a zoo not licensed in accordance with these regulations, the Director shall ensure that the animals concerned are treated, or relocated, or where necessary the Director may make any other necessary arrangements in observance of the provisions of these regulations.

(4)Euthanasia of animals is only permissible: Closure of a zoo. 18 [ S.L. 439.29 KEEPING OF ANIMALS IN ZOOS (

1. a)where it conforms with the principles relating to species conservation and welfare, and no other reasonable alternative for relocation or the sheltering of animals has been found; or (
2. b)to ensure public safety in the event that public safety is compromised by the animals; or (
3. c)in the interest of animal health and welfare in case potential outbreaks of transmissible animal diseases.

(5)Any dangerous animal which is found in a zoo without the Director’s authorisation by a licence holder, may be placed under the authority of the Director and, or the animal may be relocated to another zoo or place which may be even outside the country at the expense of the licence holder: Provided that any dangerous animal found without authorisation on a site being operated as a zoo not licensed in accordance with these regulations shall be placed under the authority of the Director and, or the animal may be relocated to a zoo or another place which may also be abroad at the expense of the person operating a site as a zoo which is not licensed in accordance with these regulations. Provided further that the relocation of the animal which is found in a zoo without authorisation or on a site being operated as a zoo not licensed in accordance with these regulations, shall be carried out by the licence holder or the person who is operating a site as a zoo not licensed in accordance with these regulations in collaboration with the Director, who shall ensure that the animal in question has arrived safely at the designated destination: Provided further that before the relocation of the animal takes place in accordance with this regulation, the animal shall still be treated and cared for by a licence holder or the person operating a site as a zoo not licensed in accordance with these regulations.

(6)All possible expenses related to this regulation shall be solely borne by the licence holder and, or the person operating a site as a zoo not licensed in accordance with these regulations.

(7)The Director shall not be liable for any matter during confiscation, relocation, transportation, or movement of said animal.

(8)In the interest of public safety and national security, any escape shall be immediately reported by the licence holder or the person operating a site as a zoo not licensed in accordance with these regulations to the competent authorities: KEEPING OF ANIMALS IN ZOOS [ S.L. 439.29 19 Provided that any expenses incurred by the Director or competent authorities in relation to the capturing of escaped or released animals, shall be borne by the licence holder and, or the person operating a site as a zoo not licensed in accordance with these regulations. 19.

(1)Decisions of the Director in terms of these regulations shall be subject to a right of appeal before the Administrative Review Tribunal established by article 5

(1)of the Administrative Justice Act. Right of appeal.     Cap. 490.

(2)An appeal in terms of this regulation shall be filed within twenty

(20)days from the notification of the Director’s decision: Provided that the Director’s decision shall become immediately applicable and enforceable and shall remain applicable throughout the term of appeal until final judgment by the Administrative Review Tribunal and shall remain applicable unless it is overturned by the Tribunal or withdrawn by the Director.

(3)The provisions of the Code of Organization and Civil Procedure regarding the right to appeal shall, mutatis mutandis, be applicable to these regulations. Cap.

2. The provisions of these regulations shall under no circumstances, be interpreted as to limit, substitute or exclude the applicability of any other laws or regulations, including those relating to trade, movement or importation of animals, and the holding of substances or arms. Applicability of other laws.
3. The Director may, from time to time, provide for any additional requirements with regard to the keeping of an animal in a zoo and shall determine an applicant or licence holder’s knowledge of a particular animal’s welfare and safety requirements prior to authorising the applicant or the licence holder to keep any animal. Additional requirements. 22.

(1)Any person who contravenes or acts in violation of these regulations shall on conviction be guilty of an offence and shall be liable to the penalties established in the Act. Offences and penalties.

(2)Where the Director has reasonable cause to believe that an offence against these regulations has been committed and that it would be appropriate to impose an administrative penalty under article 47 of the Act, the Director shall proceed in accordance with the provisions of the said article. 20 [ S.L. 439.29 KEEPING OF ANIMALS IN ZOOS Schedule List of Dangerous Animals Scientific name MAMMALS Marsupials Family Dasyuridae: Common name or names The Tasmanian devil. The species Sarcophilus laniarius. Family Macropodidae: The western and eastern grey kangaroos, the wallaroo and the red The species Macropus kangaroo. fuliginosus, Macropus giganteus, Macropus robustus and Macropus rufus. Primates Scientific name Common name or names Family Cebidae: New-world monkeys (including capuchin, howler, saki, uacari, spider All species except those of the and woolly monkeys). genera Aotus, Callicebus and Saimiri. Night monkeys (also known as owl monkeys), titi monkeys and squirrel monkeys are exempt. Family Cercopithecidae: Old-world monkeys (including baboons, the drill, colobus monkeys, the All species. gelada, guenons, langurs, leaf monkeys, macaques, the mandrill, mangabeys, the patas and proboscis monkeys and the talapoin). Family Hominidae: Anthropoid apes; chimpanzees, bonobos, orangutans and All species except those of the gorillas. genus Homo. Family Hylobatidae: Gibbons and Siamangs. All species. Family Indriidae: Leaping lemurs (including the indri and sifakas). The woolly lemur is All species of the genera exempt. Propithecus and Indri (Avahi lanigeris excepted). Family Lemuridae: Large lemurs. All species except those of the Bamboo or gentle lemurs are genus Hapalemur. exempt. Edentates KEEPING OF ANIMALS IN ZOOS [ S.L. 439.29 Family Dasypodidae: The giant armadillo. The species Priodontes maximus. Family Myrmecophagidae: The giant anteater. The species tridactyla. Carnivores Scientific Name Family Canidae: Myrmecophaga Common name or names All species including wild dogs, wolves, jackals, the maned wolf, the All species except those of the bush dog, dhole, foxes, raccoon genera Alopex, Cerdocyon, Dusicyon, dogs, dingo. Otocyon, Pseudolopex, Urocyon, Vulpes and Nyctereutes. The domestic dog is exempt. The species Canis familiaris and Canis lupus familiaris, except for the subspecies canis familiaris dingo, are also exempt. Scientific name Common name or names 21 22 [ S.L. 439.29 KEEPING OF ANIMALS IN ZOOS Family Felidae: All except: (

1. a)the species Felis silvestris, Otocolobus manul, Leopardus tigrinus, Oncifelis geoffroyi, Oncifelis guigna, Catopuma badia, Felis margarita, Felis nigripes, Prionailurus rubiginosus and Felis silvestris catus; (
2. b)a hybrid which is descended exclusively from any one or more species within paragraph (a); All cats including the bobcat, caracal, cheetah, jaguar, leopard, lion, lynx, ocelot, puma, savannah, serval and tiger. The following are exempt: (
3. i)the wild cat, the pallas cat, the little spotted cat, the Geoffroy’s cat, the kodkod, the bay cat, the sand cat, the blackfooted cat, the rusty-spotted cat and the domestic cat; Felis (
4. ii)a hybrid cat which is descended exclusively from any one or more species within paragraph (a); (
5. ii)the other parent is a first generation hybrid of Felis silvestris catus and any cat not found in paragraph (a); (iii) a hybrid cat having as one parent a domestic cat and as the other parent a first generation hybrid of a domestic cat and any cat not found in paragraph (a); (ċ) a hybrid of which: (
6. i)one parent silvestris catus, and is (
7. d)any cat which is descended exclusively from any one or more hybrids found in paragraph (
8. c)(ignoring, for the purpose of determining exclusivity of descent, the parents and remoter ancestors of any hybrid within paragraph (c)); (
9. e)any cat which is descended exclusively from Felis silvestris catus and any one or more hybrids found in paragraph (
10. c)(ignoring, for the purpose of determining exclusivity of descent, the parents and remoter ancestors of any hybrid within paragraph (c)). Family Hyaenidae: All except the species Proteles cristatus. (
11. iv)any cat which is descended exclusively from any one or more hybrids found in paragraph (c); (
12. v)any cat which is descended exclusively from a domestic cat and any one or more hybrids found in paragraph (c). Hyænas. The aardwolf is exempt. [ S.L. 439.29 KEEPING OF ANIMALS IN ZOOS Scientific name 23 Common name or names Family Mustelidae: Badgers (except the Eurasian badger), otters (except the European All species of the generaotter) and the tayra, wolverine, fisher Amblonyx, Arctonyx, Aonyx, Enhydra,and ratel (otherwise known as the honey Lontra, Melogale, Mydaus, Pteronurabadger). and Taxidea. The genus Lutra except the species Lutra lutra. The species Eira barbara, Gulo gulo, Martes pennanti and Mellivora capensis. Family Ursidae: All species including the species Ailuropoda melanoleuca and Ailurus fulgens. Family Viverridae: All of the genus Civettictis. All bears including the giant panda and the red panda. The African, large-spotted, Malay and Indian civets and the fossa. All of the genus Viverra. The species Cryptoprocta ferox. Pinnipedes Family Odobenidae: The walrus. All species. Family Otariidae: Eared seals. All species. Family Phocidae: True or earless seals. All species except Phoca vitulina The common seal (or harbour seal) and grey seal are exempt. and Halichoerus grypus. Elephants Family Elephantidae: Elephants. All species. Aardvark Family Orycteropodidae: The species Orycteropus afer. Odd-toed ungulates Aardvark. 24 [ S.L. 439.29 KEEPING OF ANIMALS IN ZOOS Family Rhinocerotidae: Rhinoceroses. All species. Scientific name Family Tapiridae: Common name or names Tapirs. All species. Even-toed ungulates Family Antilocapridae: The pronghorn. The species americana. Family Bovidae: Antilocapra Antelopes, bison, buffalo, gazelles, goats and sheep. All species except any domestic form of the genera Bos, Bubalus, Domestic cattle, buffalo, goats and sheep are exempt. Capra and Ovis. Family Cervidae: The moose or elk and the caribou or reindeer. All species of the genera Alces and Rangifer, except any The domestic moose or elk domestic form of these species. and the caribou or reindeer are exempt. Family Giraffidae: The giraffe and the okapi. All species. Family Hippopotamidae: All species. Family Suidae: All species except any domestic form of the species Sus scrofa. Family Tayassuidae: All species. The hippopotamus pygmy hippopotamus. and the Old-world pigs (including the wild boar and the wart hog). The domestic pig is exempt. New-world pigs (otherwise known as peccaries). KEEPING OF ANIMALS IN ZOOS [ S.L. 439.29 Hybrids Any mammalian hybrids with at least one parent of a specified kind, and Any hybrid of a kind of animal any animal of which at least one parent is specified (other than by way of such a hybrid. exception) in the foregoing provisions of this column where at least one This does not apply to exempt parent is of a kind so specified, and any cat hybrids. animal of which at least one parent is such a hybrid. This does not include an excepted hybrid of the Family Felidae. REPTILES Crocodilians Family Alligatoridae: Alligators and caimans. All species. Family Crocodylidae: Crocodiles and the false gharial. All species. Scientific name Family Gavialidae: All species. Lizards and snakes Family Atractaspididae: All species of Atractaspis. Family Colubridae: the Common name or names The gharial (otherwise as the gavial). known Burrowing asps, also known as mole or burrowing vipers and stiletto genus snakes. Certain rear-fanged venomous snakes, Montpellier snakes and African All species of the genera Malpolon vine snakes (otherwise known as and Thelotornis. African twig or bird snakes). The species Dispholidus typus, The boomslang, the red-necked Rhabdophis subminiatus, Rhabdophis keelback, the yamakagashi (otherwise tigrinus, Elapomorphus lemniscatus, known as the Japanese tiger-snake), the Philodryas olfersii, Tachymenis Argentine black-headed snake, the South peruviana and Xenodon severus. American green racer, the Peruvian racer and the Amazon false viper. Family Elapidae: Certain front-fanged venomous snakes including cobras, coral snakes, All species. kraits, mambas, whipsnakes and all Australian poisonous snakes (including the death adders). 25 26 [ S.L. 439.29 Family Hydrophiidae: All species. Family Helodermatidae: All species. Family Viperidae: All species. INVERTEBRATES Spiders Family Ctenidae: The genus Phoneutria. Family Hexathelidae: The genus Atrax. Family Sicariidae: The genus Loxosceles. Scientific name Family Theridiidae: The genus Latrodectus. KEEPING OF ANIMALS IN ZOOS Sea snakes. The gila monster (Mexican) beaded lizard. and the Certain front-fanged venomous snakes (including adders, the barba amarilla, the bushmaster, the fer-delance, moccasins, rattlesnakes and vipers). Wandering spiders, and other species that might cause physical harm to humans and, or the eco-system. The Sydney funnel-web spider and its close relatives, and other species that might cause physical harm to humans and, or the eco-system. Brown recluse spiders (otherwise known as violin spiders), and other species that might cause physical harm to humans and or the eco-system. Common name or names The widow spiders and close relatives, and other species that might cause physical harm to humans and, or the eco-system. Scorpions Family Buthidae: Buthid scorpions and other species that might cause physical harm to All species. humans and, or the eco-system. Family Hemioscorpiidae: Middle-Eastern thin-tailed scorpion and or other species that might The species Hemiscorpius cause physical harm to humans and the lepturus. eco-system