Animal Disease Powers

The Department may prescribe and regulate the separation of suspected and diseased animals and poultry from other animals and prescribe and regulate the notification of illnesses and diseases or suspicions of disease in poultry.

The Department may cause such treatment as it considers necessary to be given to an animal or bird for the purpose of controlling disease or preventing its spread. This includes vaccination.

The Department may, by order, prescribe the cases in which places and areas are to be declared infected. Authority, mode and commissions by, in or on which such declarations are to be made; the effect of the declaration, duration and discontinuance of the declaration and other relevant matters.

An order prescribing the cases in which areas are to be declared infected with rabies may provide for the description in the area concerned by authorised persons or foxes or other wild animals as may be prescribed. Authorisation of persons to enter land for the purpose of getting out destruction of animals in accordance with the order; authorisation of erection of fences and obstacles to restrict the movement of animals, regulation of ownership and disposal of animals destroyed; authorises use of means of destruction which would otherwise be unlawful, require notice to be served of the death in an area declared to be infected of domestic or wild animals as may be prescribed; require and regulate vaccination, confinement, and control of domestic animals, and animals held in captivity; authorise persons to enter land for the purpose of seizing and destroying animals in pursuance of the order; provide for the division of land into zones.

Every area declared to be infected with a disease shall be an infected area for the purpose of the legislation. Where an area or part of an area is declared free from disease, it shall cease to be an infected area.

The Department may, if satisfied that there exists amongst wild members of one or more species in the area, a disease other than rabies which has been transmitted from members of that or those species of livestock, in circumstances where the destruction of wild members of that species is necessary to eliminate or substantially reduce the incidence of that disease in livestock in the area, may, after consultation with the Department of the Environment, by order, provide for the destruction of wild members of that species in the area.

The Department may make orders in respect of infected places and areas as follows. They may prescribe and regulate publication by placards, handbills, etc., in the neighbourhood, an area, or place declared to be infected; prohibit and regulate the movement of animals and poultry in or out; prescribe and regulate isolation, separation of animals or poultry; prohibit and regulate the movement of carcasses and other things; prescribe and regulate destruction, burial, disposal of carcasses; prescribe and regulate cleansing and disinfection of places, receptacles, vehicles used for confinement or conveyance of animals or poultry; prescribe and regulate disinfection of clothes on persons in an infected area, and the use of precautions; provide exemptions means of licence.

A person owning or having charge of animals or poultry, in a place declared infected with any disease, may exclude third parties by notice. Where a notice is so given, it is not lawful for a person, not having by law a right of entry or any way into or over the premises without permission.

There is provision for the mandatory slaughter of diseased and suspected animals and poultry. There is provision for compensation.

Generally, an order may require either payment of compensation with such amount specified or may provide for the calculation of compensation.

An order may provide authorisation or require the slaughter of animals or poultry which the Department thinks should be slaughtered with the view of preventing the spread of disease, whether or not the animals or poultry are affected by the disease or suspected or have been in contact with animals so affected, have been in any way exposed to disease, the disease or have been treated with serum or vaccine against the disease.

The Department may cause animals or birds, who have been vaccinated to be slaughtered for the purpose of controlling disease or preventing the spread of disease.Animals and poultry liable to be slaughtered may be reserved for observation but subject to payment of compensation as if they were slaughtered.

Where animals or birds have been slaughtered at the direction of the Department, the Department may use for the burial of the carcass any grant in possession of the owner of the animal or bird concerned, which is suitable in that behalf or any common or unenclosed land.

The Department may, by order, regulate the movement of animals and poultry, etc. It may prohibit exposure in market sales, public or private places. It may prohibit or regulate sending or transport of diseased or suspected animals or poultry.

It may prohibit leading, driving of diseased or suspected animals, and prohibit or regulate the placing of diseased or suspected animals on commons or unenclosed lands or fields or other places insufficiently fenced, or on the sides of highways; it may prohibit or regulate the movement of animals and poultry, removal of carcasses, and other things, whether animate or inanimate, or prescribe isolation; it may prescribe and regulate the issue and production of licences inspecting of movement and removal of animals, poultry, and things; it may prohibit and regulate the holding of fairs, exhibitions, and sales of animal or poultry;

It may prescribe and regulate the cleaning and disinfection of places for holding fairs, exhibition, sales, etc.; it may prescribe and regulate the cleansing and disinfection of vehicles, aircraft, vessels, pens or other places used for the carrying or keeping of animals or poultry; it may prohibit, absolutely or conditionally, the use of vehicles, vessels, or place for the carriage of animals or poultry; it may provide for exemptions by way of licence.

The Department may regulate the possession, purchase, sale, and supply of animals imported by livestock dealers for the purpose of preventing outbreaks of or the spread of disease or preventing injury or suffering to animals or poultry. It may provide for approval of registration of livestock dealers and their premises.

The Department may, by order, make provision as necessary, in relation to animals or poultry found to be affected with disease while, if brought for sale in a market, exhibition, or other place while in a lair or before exposure for sale, while in transit, while being in this slaughterhouse, while on common or unenclosed or generally while not in the possession or occupation or control of their owner. The order may make provision with the consequences of being so found.

The Department may, by order, make provision for protecting animals and poultry from unnecessary suffering during transit, whether by air, sea, or road, in connection with their exposure for sale and disposal after sale and for securing a proper supply of water and food during transit and detention.

Railway companies must provide water and food for animals and poultry carried on the railway. The Department may prohibit the conveyance of animals or poultry by any specified vehicle or aircraft or from any port or aerodrome in Northern Ireland for such a period as it considers expedient. It may make provision for ensuring animals or poultry carried by sea or air have a proper supply of food, water, and ventilation. It may provide for exemptions by way of licences.

The Department, in the interest of animal welfare, may by order regulate the exportation of animals or poultry and, in particular, prohibit exportation without a licence as may be prescribed. Regulations may require persons to provide information regarding the ultimate destination; the arrangements for conveying and other matters, as may be specified in the order.

For the purpose of preventing the introduction of disease into Northern Ireland, the Department may, whenever it deems expedient, prohibit or regulate the importation of animals, poultry, carcasses, or eggs or other things, by which it appears that any disease might be carried or transmitted. It may provide for exemptions by way of licence.

When the Department is not satisfied, having regard to the sanitary conditions of animals or any specified kinds of animals in, or imported from, any country or specified part of a country; and the laws made by that country for the regulation of importation and exportation of animals, and for the prevention of disease or the administration of its laws, then where the circumstances are such as to afford reasonable security against importation from that country, the Department shall prohibit the importation of animals from that country. Importation in contravention of the order is an offence.

The Department may make Orders in relation to, or for the purpose of, preventing the introduction and spreading of disease by imported animals and carcasses; other imported things; persons, animals, poultry which have been in contact with such persons. Regulations may prescribe ports and aerodromes and landing places at which alone imported animals may be landed.