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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Dangerous Wild Animals (Northern Ireland) Order 2004 No. 1993 URL: http://www.bailii.org/uk/legis/num_reg/2004/20041993.html |
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| Made | 27th July 2004 | ||
| Coming into operation in accordance with Article 1(2) and (3) |
| 1. | Title and commencements |
| 2. | Interpretation |
| 3. | Licences |
| 4. | Provisions supplementary to Article 3 |
| 5. | Inspection by the Department |
| 6. | Power to seize and to destroy or dispose of animals without compensation |
| 7. | Exemptions |
| 8. | Restriction on transferring ownership of dangerous wild animals |
| 9. | Existing keepers |
| 10. | Penalties |
| 11. | Power of Department to modify the Schedule |
| 12. | Orders |
| Schedule | Kinds of dangerous wild animals |
the person having such possession shall not by virtue only of that possession be treated for the purposes of this Order as a keeper of the animal.
(5) In this Order -
(6) The second column of the Schedule is included by way of explanation only and, in the event of any dispute or proceedings, only the first column is to be taken into account.
Licences
3.
- (1) Subject to Articles 6(7), 7 and 9(9), a person shall not keep a dangerous wild animal except under the authority of a licence granted by the Department.
(2) The Department shall not grant a licence unless an application for it -
(e) is accompanied by such fee as the Department may by order prescribe.
(3) The Department shall not grant a licence unless it is satisfied that -
(d) appropriate steps will at all such times be taken for the protection of any animal concerned in case of fire or other emergency;
(e) all reasonable precautions will be taken at all such times to prevent and control the spread of infectious diseases; and
(f) while any animal concerned is at the premises where it will normally be held, its accommodation is such that it can take adequate exercise.
(4) The Department shall not grant a licence unless the application for it is made by a person who both owns and possesses, or proposes both to own and to possess, any animal concerned, except where the circumstances are in the Department's opinion exceptional.
(5) The Department shall not grant a licence unless -
(6) Subject to paragraphs (2) to (5), the Department may grant or refuse a licence as it thinks fit, but where it decides to grant such a licence it shall specify as conditions of the licence -
(b) conditions restricting the species (whether one or more) of animal, and number of animals of each species, which may be kept under the authority of the licence;
(c) a condition that the licence holder shall at all reasonable times make available a copy of the licence to any person entitled to keep any animal under the authority of the licence;
(d) a condition that the licence holder shall notify the Department of the sale or other disposal of the animal concerned;
(e) a condition relating to the steps to be taken by the licence holder in the event of any escape or release of the animal concerned; and
(f) such other conditions as in the opinion of the Department are necessary or desirable for the purpose of securing the objectives specified in sub-paragraphs (c) to (f) of paragraph (3).
(7) Subject to paragraph (6), the Department may, in granting a licence, specify such conditions of the licence as it thinks fit.
(8) The Department may at any time vary a licence by -
but any condition of a licence specified by virtue of paragraph (6) may not be revoked and any condition specified by virtue of sub-paragraph (a)(ii) of that paragraph may not be varied.
(9) Where the Department varies a licence under paragraph (8), then -
Provisions supplementary to Article 3
4.
- (1) Where -
he may appeal to a court of summary jurisdiction in accordance with Part VII of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26).
(2) An appeal under paragraph (1) shall be brought within 21 days from the date on which the person wishing to appeal receives notification of the Department's decision to refuse to grant a licence, to specify a condition (whether on the grant of the licence or later) or to vary or revoke a condition, as the case may be.
(3) On an appeal under paragraph (1), the court may confirm, vary or reverse the Department's decision and generally give such directions with respect to the grant of a licence or, as the case may be, with respect to the conditions of the licence as it thinks proper, having regard to the provisions of this Order.
(4) Subject to paragraphs (5) and (6) and to Article 10(2), a licence shall remain in force for a period of 12 months from the date on which it is granted (or for such longer period as the Department may by order prescribe) and shall then expire.
(5) If before a licence expires application is made for a further licence, the licence shall remain in force pending the grant or refusal of the further licence, and if it is granted the further licence shall commence from the date of the expiry of the last licence.
(6) Where the licence holder dies -
(7) Any person who contravenes Article 3(1) shall be guilty of an offence.
(8) If any condition of a licence is contravened or not complied with, then, -
shall, subject to paragraph (9), be guilty of an offence.
(9) In any proceedings for an offence under paragraph (8), it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.
Inspection by the Department
5.
- (1) The Department may authorise in writing any veterinary surgeon or such other person as it may think competent to do so to inspect any premises where any animal is proposed to be held under the authority of a licence.
(2) A person authorised under paragraph (1) may, on producing his authority if so required, enter any premises mentioned in that paragraph at all reasonable times and inspect them and any animal or other thing found there, for the purpose of ascertaining whether or not a licence should be granted.
(3) Where the Department has authorised any person to inspect premises under paragraph (1), the Department may require the person who applied for the licence to pay it the reasonable costs of the inspection.
(4) Where the Department has granted a licence, it may authorise in writing any veterinary surgeon or such other person as it may think competent to do so to inspect any premises where any animal is or may be held under the authority of the licence.
(5) A person authorised under paragraph (4) may, on producing his authority if so required, enter any premises mentioned in that paragraph at all reasonable times and inspect them and any animal or other thing found there, for the purpose of ascertaining -
(6) Where the Department has authorised any person to inspect premises under paragraph (4), the Department may require the licence holder to pay it the reasonable costs of the inspection.
(7) The Department may authorise in writing any veterinary surgeon or such other person as it may think competent to do so to inspect any premises if it has reasonable grounds for suspecting that an animal is being kept there in contravention of Article 3(1).
(8) Subject to paragraph (9), a person authorised under paragraph (7) may -
for the purpose of ascertaining whether an animal is being kept there in contravention of Article 3(1).
(9) A person authorised to inspect premises under paragraph (7) may only enter those premises under the authority of a warrant issued under paragraph (10).
(10) Where a justice of the peace is satisfied by complaint on oath -
he may issue a warrant under his hand authorising that person to enter the premises.
(11) A warrant issued under paragraph (10) shall continue in force until the purpose for which entry is required has been satisfied.
(12) Where a person enters any premises in pursuance of a power of entry under this Article, that person shall ensure that the premises are left no less secure by reason of the entry, and the Department shall make good or pay compensation for any damage to property caused by the person in entering the premises, in carrying out any inspection, in taking bodily samples from any animal, in seizing any animal under Article 6(1) or in making the premises secure.
(13) Any question of disputed compensation under paragraph (12) shall be referred to and determined by the Lands Tribunal.
(14) Any person who intentionally obstructs any person in the exercise of any power under this Article shall be guilty of an offence.
(15) In this Article -
Power to seize and to destroy or dispose of animals without compensation
6.
- (1) Where a veterinary surgeon or other person authorised under paragraph (4) or (7) of Article 5 has entered premises in accordance with the provisions of that Article, he may seize any animal found there if he reasonably suspects that -
(2) Where an animal is seized under paragraph (1), the licence holder or (as the case may be) the keeper of the animal may, within 21 days from the seizure of the animal, appeal against the decision to seize the animal to a court of summary jurisdiction in accordance with Part VII of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26).
(3) On an appeal under paragraph (2), the court may confirm or reverse the decision to seize the animal concerned and generally give such directions as it thinks proper, having regard to the provisions of this Order.
(4) Subject to paragraphs (8), (9) and (11), where an animal has been seized under paragraph (1), the Department may retain it, destroy it or otherwise dispose of it.
(5) Where the Department wishes to retain the animal concerned, it may designate any person whom it thinks suitable to do so to keep the animal concerned in his possession on behalf of the Department for such period as may be agreed with that person.
(6) Where an animal is in the possession of a person designated under paragraph (5), the Department -
(7) During the period agreed with a designated person under paragraph (5), Article 3(1) shall not apply to the keeping by that person of the animal concerned.
(8) An animal seized under paragraph (1) shall not be destroyed or otherwise disposed of by the Department -
(9) An animal seized under paragraph (1) shall not be destroyed by the Department unless the destruction is carried out by, or under the supervision of, a veterinary surgeon.
(10) Paragraphs (8) and (9) do not apply to any action taken to prevent the animal concerned from presenting a serious and immediate risk to the safety of any person, or to any section of the public or the public in general.
(11) An animal seized under paragraph (1) shall not be disposed of by the Department for the purposes of animal experimentation.
(12) Where an animal is disposed of under paragraph (4), any person to whom the animal is sold or given shall have a good title to it.
(13) Without prejudice to paragraphs (12) and (13) of Article 5, the Department shall not be liable to pay compensation to any person in respect of the seizure of any animal under this Article.
(14) Where the Department incurs any expenditure in exercising its powers under this Article, it shall be entitled to recover the amount of the expenditure as a civil debt from -
(15) Any person who intentionally obstructs any person in the exercise of a power of seizure under this Article shall be guilty of an offence.
Exemptions
7.
- (1) Article 3(1) shall not apply to any dangerous wild animal kept in -
(2) For the purposes of this Order an animal shall be treated as kept in premises licensed as a zoological establishment when it is elsewhere in the personal possession of the operator of the establishment, or of competent persons acting on his behalf.
(3) Article 3(1) shall not apply to any dangerous wild animal -
Restriction on transferring ownership of dangerous wild animals
8.
- (1) Subject to paragraph (2) and Article 9(10), an owner of a dangerous wild animal who gives or sells that animal to another person shall not part with possession of that animal unless that other person has produced a licence authorising him to keep the animal in question.
(2) This Article shall not apply where a dangerous wild animal is given or sold to a person who proposes to keep that animal in any premises or place within Article 7(1).
(3) Any person acting in contravention of paragraph (1) shall be guilty of an offence.
Existing keepers
9.
- (1) Paragraph (2) applies if a person -
(2) That person shall be entitled to keep that animal at those premises without a licence -
(3) For the purposes of paragraph (2)(b) an application for a licence is finally determined when -
(4) The owner of a dangerous wild animal may at any time during the surrender period surrender that animal to the Department at such premises as the Department may designate for that purpose.
(5) The surrender period for an animal is the period -
(6) Subject to paragraphs (11) and (13), where an animal has been surrendered under paragraph (4), the Department may retain it, destroy it or otherwise dispose of it.
(7) Where the Department wishes to retain the animal concerned, it may designate any person whom it thinks suitable to do so to keep the animal concerned in his possession on behalf of the Department for such period as may be agreed with that person.
(8) Where an animal is in the possession of a person designated under paragraph (7), the Department -
(9) During the period agreed with a designated person under paragraph (7), Article 3(1) shall not apply to the keeping by that person of the animal concerned.
(10) Article 8(1) shall not apply to the surrender of a dangerous wild animal under paragraph (4).
(11) An animal surrendered under paragraph (4) shall not be destroyed by the Department unless the destruction is carried out by, or under the supervision of, a veterinary surgeon.
(12) Paragraph (11) does not apply to any action taken to prevent the animal concerned from presenting a serious and immediate risk to the safety of any person, or to any section of the public or the public in general.
(13) An animal surrendered under paragraph (4) shall not be disposed of by the Department for the purposes of animal experimentation.
(14) Where an animal is disposed of under paragraph (6), any person to whom the animal is sold or given shall have a good title to it.
(15) The Department shall not be liable to pay compensation to any person in respect of the surrender of any animal under this Article.
Penalties
10.
- (1) Any person guilty of an offence under this Order shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(2) Where a person is convicted of any offence under -
the court by or before which he is convicted may by order -
(3) A court may, if it thinks fit, suspend the operation of an order under paragraph (2) pending an appeal.
Power of Department to modify the Schedule
11.
If the Department is satisfied that the scope of this Order should be -
it may by order make the necessary modifications to the Schedule.
Orders
12.
- (1) Orders made by the Department under this Order (except an order under Article 1) shall be subject to negative resolution.
(2) Any orders made by the Department under this Order may contain such incidental, supplementary or transitional provisions or savings as the Department considers appropriate.
A. K. Galloway
Clerk of the Privy Council
| Scientific name of kind | Common name or names |
| Marsupials | |
| Dasyuridae of the species Sarcophilus laniarius | The Tasmanian devil |
| Macropodidae of the species Macropus fuliginosus, Macropus giganteus, Macropus robustus and Macropus rufus | Grey kangaroos, the euro, the wallaroo and the red kangaroo |
| Primates | |
| Callitrichidae of the species of the genera Leontophithecus and Saguinus | Tamarins |
| Cebidae | New-world monkeys (including capuchin, howler, saki, spider, squirrel, titi, uakari and woolly monkeys and the night monkey (otherwise known as the douroucouli)) |
| Cercopithecidae | Old-world monkeys (including baboons, the drill, colobus monkeys, the gelada, guenons, langurs, leaf monkeys, macaques, the mandrill, mangabeys, the patas and proboscis monkeys and the talapoin) |
| Indriidae | Leaping lemurs (including the indri, sifakas and the woolly lemur) |
| Lemuridae, except the species of the genus Hapalemur | Large Lemurs (the broad-nosed gentle lemur and the grey gentle lemur are excepted) |
| Hylobatidae | Gibbons and siamangs |
| Hominidae except genus Homo | Anthropoid apes including chimpanzees, orang-utans and gorillas |
| Edentates | |
| Bradypodidae | Sloths |
| Dasypodidae of the species Priodontes giganteus (otherwise known as Priodontes maximus) | The giant armadillo |
| Myrmecophagidae of the species Myrmecophaga tridactyla | The giant anteater |
| Rodents | |
| Erithizontidae of the species Erithizon dorsatum | The North American porcupine |
| Hydrochoeridae | The capybara |
| Hystricidae of the species of the genus Hystrix | Crested porcupines |
| Carnivores | |
| Ailuropodidae (Ailuridae) | The red (lesser) panda |
| Canidae, except the species of the genera Alopex, Dusicyon, Otocyon, Nyctereutes and Vulpes and the species Canis familiaris | Jackals, wild dogs, wolves and the coyote (foxes, the raccoon-dog and the domestic dog are excepted) |
| Felidae, except the species Felis catus | The bobcat, caracal, cheetah, jaguar, lion, lynx, ocelot, puma, serval, tiger and all other cats (the domestic cat is excepted) |
| Hyaenidae except the species Proteles cristatus | Hyaenas (except the aardwolf) |
| Mustelidae of the species of the genera Arctonyx, Aonyx, Enhydra, Lutra (except Lutra lutra), Melogale, Mydaus, Pteronura and Taxidea and of the species Eira barbara, Gulo gulo, Martes pennanti and Mellivora capensis | Badgers (except the Eurasian badger), otters (except the European otter), and the tayra, wolverine, fisher and ratel (otherwise known as the honey badger) |
| Procyonidae | Cacomistles, raccoons, coatis, olingos, the little coatimundi and the kinkajou |
| Ursidae | Bears including the Giant Panda |
| Viverridae of the species of the genus Viverra and the species Arctictis binturong and Cryptoprocta ferox | The African, large-spotted, Malay and large Indian civets, the binturong and the fossa |
| Pinnipedes | |
| Odobenidae, Otariidae and Phocidae, except Phoca vitulina and Halichoerus grypus | The walrus, eared seals, sealions and earless seals (the common and grey seals are excepted) |
| Elephants | |
| Elephantidae | Elephants |
| Odd-toed ungulates | |
| Equidae, except the species Equus asinus, Equus caballus and Equus asinus x Equus caballus | Asses, horses and zebras (the donkey, domestic horse and domestic hybrids are excepted) |
| Rhinocerotidae | Rhinoceroses |
| Tapiridae | Tapirs |
| Hyraxes | |
| Procaviidae | Tree and rock hyraxes (otherwise known as dassies) |
| Aardvark | |
| Orycteropidae | The aardvark |
| Even-toed ungulates | |
| Antilocapridae | The Pronghorn |
| Bovidae, except any domestic form of the genera Bos and Bubalus, of the species Capra aegagrus (hircus) and the species Ovis aries | Antelopes, bison, buffalo, gazelles, goats and sheep (domestic cattle, goats and sheep are excepted) |
| Camelidae except the species Lama glama and Lama pacos | Camels, the guanaco and the vicugna (the domestic llama and alpaca are excepted) |
| Cervidae of the species Alces alces and Rangifer tarandus, except any domestic form of the species Rangifer tarandus | The moose or elk and the caribou or reindeer (the domestic reindeer is excepted) |
| Giraffidae | The giraffe and the okapi |
| Hippopotamidae | The hippopotamus and the pygmy hippopotamus |
| Suidae, except any domestic form of | Old-world pigs (including the wild boar |
| the species Sus scrofa | and the wart hog) (the domestic pig is excepted) |
| Tayassuidae | New-world pigs (otherwise known as peccaries) |
| Any hybrid of a kind of animal specified in the foregoing provisions of this column where one parent is, or both parents are, of a kind so specified | Mammalian hybrids with a parent (or parents) of a specified kind |
| BIRDS Cassowaries and emu | |
| Casuariidae | Cassowaries |
| Dromaiidae | The emu |
| Ostrich | |
| Struthionidae | The ostrich |
| REPTILES Crocodilians | |
| Alligatoridae | Alligators and caimans |
| Crocodylidae | Crocodiles and the false gharial |
| Gavialidae | The gharial (otherwise known as the gavial) |
| Lizards and snakes | |
| Colubridae of the species of the genera Atractaspis, Malpolon, Psammophis and Thelatornis and of the species Boiga dendrophila, Dispholidus typus, Rhabdophis subminiatus and Rhabdophis tigrinus | Mole vipers and certain rear-fanged venomous snakes (including the moila and montpellier snakes, sand snakes, twig snakes, the mangrove (otherwise known as the yellow-ringed catsnake), the boomslang, the red-necked keelback and the yamakagashi (otherwise known as the Japanese tiger-snake)) |
| Elapidae | Certain front-fanged venomous snakes (including cobras, coral snakes, the desert black snake, kraits, mambas, sea snakes and all Australian poisonous snakes (including the death adders)) |
| Helodermatidae | The gila monster and the (Mexican) beaded lizard |
| Viperidae | Certain front-fanged venomous snakes (including adders, the barba amarilla, the bushmaster, the copperhead, the fer-de-lance, moccasins, rattlesnakes and vipers) |
| INVERTEBRATES Spiders | |
| Ctenidae of the species of the genus Phoneutria | Wandering spiders |
| Dipluridae of the species of the genus Atrax | The Sydney funnel-web spider and its close relatives |
| Lycosidae of the species Lycosa raptoria | The Brazilian wolf spider |
| Sicariidae of the species of the genus Loxosceles | Brown recluse spiders (otherwise known as violin spiders) |
| Theridiidae of the species of the genus Latrodectus | The black widow spider (otherwise known as redback spider) and its close relatives |
| Scorpions | |
| Buthidae | Buthid scorpions |
