[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DISEASES OF ANIMALS ACT (NORTHERN IRELAND) 1958 - SECT 7A

7A.(1) The Department, if satisfied in the case of any area,

(a)that there exists among the wild members of one or more species in the area
a disease, other than rabies, specified in Parts III and IV of Schedule 1
which has been or is being transmitted from members of that or those species
to livestock of any kind in the area; and

(b)that destruction of wild members of that or those species in that area is
necessary in order to eliminate, or substantially reduce the incidence of,
that disease in livestock of any kind in the area,

(2) Before making an order under this section the Department shall consult the
Department of the Environment.

(3) Every order under this section shall specify the area to which it applies,
the disease to which it applies, and the one or more species to which it
relates.

(4) An order under this section providing for the destruction of wild members
of one or more species in any area may make provision for authorising the use
for that purpose of one or more methods of destruction that would otherwise be
unlawful, but shall not do so unless the Department is satisfied that use of
the method or methods in question is the most appropriate way of carrying out
that destruction, having regard to all relevant considerations and, in
particular, the need to avoid causing unnecessary suffering to wild members of
the species in question.

(5) An order under this section may include provision

(a)for ensuring that destruction of wild members of any species to which the
order relates is properly and effectively carried out, and in particular for
preventing persons from taking into captivity, harbouring, concealing or
otherwise protecting wild members of any such species with intent to prevent
their destruction, or in any other way obstructing or interfering with any
thing which has been, is being or is to be done or used in connection with
that destruction;

(b)for regulating the ownership and disposal of the carcases of members of any
such species destroyed in the area to which the order relates.

(6) Before commencing the destruction of wild members of a species on any land
within an area to which an order under this section applies the Department
shall take all reasonable steps to inform the occupier of the land and any
other person who may be there of the Department's intention to carry out that
destruction and of the methods of destruction to be used; and it shall be the
duty of the Department to ensure that destruction is carried out on any such
land in as safe a manner as is possible in all the circumstances.

(7) Where an order under this section is in force, the Department shall have
power to take such measures (including the erection of fences or other
obstacles) as the Department considers appropriate

(a)for preventing the movement of living creatures into or out of the area or
any part of the area to which the order applies while destruction of wild
members of any species to which the order relates is being carried out in the
area; and

(b)where destruction of wild members of any such species has been or is to be
carried out in any part of that area, for preventing the recolonisation of
that part by members of that species for as long as the Department considers
necessary to prevent reappearance among them of the disease to which the order
applies.

(8) As soon as may be after the Department is satisfied, in the case of any
land, that any measures affecting that land which have been taken in
connection with an order under this section are no longer necessary, the
Department shall remove from the land anything placed or erected on it and
shall take such other steps as are reasonably practicable to reinstate the
land.

(9) In this and the following section

"livestock", subject to sub-section (10), means cattle, sheep, goats and other
ruminants, swine, horses, domestic fowl, turkeys, geese, ducks, guinea fowl,
pigeons, pheasants and partridges;

"species" means any species of animals or poultry;

(10) The Department may by order amend the definition of "livestock" contained
in sub-section (9) whether by adding to or making omissions from that
definition.

(11) An order under this section shall be subject to negative resolution.

(12) The preceding provisions of this section are without prejudice to any
powers conferred on the Department by or by virtue of any other provisions of
this Act.][

© 1958 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/doaai1958335/s7a.html