Wild Animals (Restriction on Importation, Etc.) Act 1980

Link to law: https://legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/1980/1980-0004/WildAnimalsRestrictiononImportationEtc.Act1980_2.pdf
Published: 2014-02-01

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Wild Animals (Restriction on Importation, Etc.) Act 1980

c i e
AT 4 of 1980

WILD ANIMALS (RESTRICTION ON

IMPORTATION, ETC.) ACT 1980

Wild Animals (Restriction on Importation, Etc.) Act 1980 Index


c AT 4 of 1980 Page 3

c i e
WILD ANIMALS (RESTRICTION ON IMPORTATION,

ETC.) ACT 1980

Index Section Page

1 Restriction on importation of certain animals ............................................................ 5
1A Escape of wild animals................................................................................................... 6
2 Licence to import, etc ..................................................................................................... 6
3 Power to modify Schedule ............................................................................................ 6
4 Offences ............................................................................................................................ 7
5 Offences by corporations ............................................................................................... 8
6 Expenses ........................................................................................................................... 8
7 Interpretation ................................................................................................................... 8
8 Amendment of the Destructive Imported Animals Act 1963 ................................... 8
9 Short title and commencement ..................................................................................... 9
SCHEDULE 11

SCHEDULED WILD ANIMALS 11
ENDNOTES 15

TABLE OF LEGISLATION HISTORY 15
TABLE OF RENUMBERED PROVISIONS 15
TABLE OF ENDNOTE REFERENCES 15

Wild Animals (Restriction on Importation, Etc.) Act 1980 Section 1


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c i e
WILD ANIMALS (RESTRICTION ON IMPORTATION,

ETC.) ACT 1980

Received Royal Assent: 13 February 1980
Passed: 18 March 1980
Commenced: 1 June 1980
AN ACT
to restrict the importation and keeping of certain animals, and for
connected purposes.
GENERAL NOTE:
The maximum fines in this Act are as increased by the Fines Act
1986 and by the Criminal Justice (Penalties, Etc.) Act 1993 s 1.
1 Restriction on importation of certain animals

[P1976/72/1 (1) and (2); 1976/21/3(3); 1976/21/3(4)]
(1) Subject to subsection (2), the importation of any animal specified in the
Schedule (in this Act referred to as a “scheduled wild animal”
) is hereby
prohibited.
(2) Subsection (1) does not apply to the importation of a scheduled wild
animal under and in accordance with the conditions of a licence issued
by the Department of Environment, Food and Agriculture (in this Act
referred to as “the Department”), but no such licence shall be granted
except for the purpose of a circus or of a zoological garden or for such
other purpose as the Department may by order prescribe.1

(2A) An order under subsection (2) shall not come into operation unless it is
approved by Tynwald.2

(3) Subsections (1) and (2) shall have effect in relation to the removal to the
Island from the United Kingdom of a scheduled wild animal as they
apply to the importation of such an animal.
(4) Any person who causes or attempts to cause any scheduled wild animal
to be removed to the Island from the United Kingdom in contravention
of this section shall be deemed to have had that animal in his possession
in contravention of section 4(1).
Section 2 Wild Animals (Restriction on Importation, Etc.) Act 1980


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1A Escape of wild animals

(1) Any person who has possession or control of a scheduled wild animal
shall take appropriate steps to ensure that it does not escape from
captivity.
(2) Where a scheduled wild animal escapes from captivity, any expense
which is reasonably incurred by any person in capturing the animal or
destroying it shall be recoverable as a civil debt from the person who had
possession or control of the animal at the time of its escape.3

2 Licence to import, etc

[P1976/72/1(4)(c), (5), (7) and (8)]
(1) A licence issued under section 1(2) shall, unless sooner revoked, be valid
for such period as is stated in the licence.
(2) The Department may charge for the issue of a licence under section 1(2)
such sum (if any) as is for the time being prescribed by order of the
Department, but no such order shall have effect until it has been
approved by Tynwald.4

(3) Where a licence is issued under section 1(2) and, for the purpose of
obtaining its issue, a person commits an offence under section 4(3), the
licence shall be void.
(4) Where any scheduled wild animal is being or has been imported, a
person authorised by the Treasury may require any person possessing or
having control of the animal to furnish proof that its importation is or
was not unlawful by virtue of section 1; and, if such proof is not
furnished to the satisfaction of the Treasury, the animal shall be liable to
forfeiture under the Customs and Excise Management Act.5

(5) Subsection (4) shall have effect in relation to scheduled wild animals
removed or being removed to the Island as if —
(a) for the references to the Treasury there were substituted
references to the Department; and6

(b) for the words from “under” onwards there were substituted the
words “and shall be disposed of as the Department may direct.”.7

3 Power to modify Schedule

[P1976/38/8]
(1) The Department may, after consultation with the Wildlife Committee, by
order amend the Schedule if it is satisfied that the scope of this Act
should be —
(a) extended so as to include animals of a kind which is not, for the
time being, included in the Schedule; or
Wild Animals (Restriction on Importation, Etc.) Act 1980 Section 4


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(b) diminished so as to exclude animals of a kind which is, for the
time being, included in the Schedule.8

(2) No order under subsection (1) shall have effect until it has been
approved by Tynwald.
4 Offences

[P1976/72/1(6); P1976/72/4(8)]
(1) Any person who has in his possession or under his control any
scheduled wild animal shall be guilty of an offence unless he satisfies the
court that the animal —
(a) is in his possession or under his control under and in accordance
with the conditions of a licence issued under section 1(2) or by
virtue of an approval in writing of the Department given under
subsection (2); or9

(b) was imported or removed into the Island before the
commencement of this Act or, as the case may be, before the
animal became a scheduled wild animal.
(2) Any person who, having imported or removed into the Island a
scheduled wild animal under a licence issued under section 1(2),
transfers the possession or control of that animal, or causes it to be so
transferred, without the prior approval in writing of the Department,
shall be guilty of an offence.10

(3) Any person who, for the purpose of obtaining whether for himself or
another, the issue of a licence under section 1(2) or of the giving of an
approval under subsection (2) of this section —
(a) makes a statement or representation which he knows to be false in
a material particular; or
(b) furnishes a document or information which he knows to be false
in a material particular; or
(c) recklessly makes a statement or representation which is false in a
material particular; or
(d) recklessly furnishes a document or information which is false in a
material particular,
shall be guilty of an offence.
(4) Any person guilty of an offence under subsection (1), (2) or (3) shall be
liable —
(a) on conviction on information, to a fine;
(b) on summary conviction, to a fine not exceeding £5,000.
(5) For the purposes of any proceedings under section 47 or 178 of the
Customs and Excise Management Act (penalties for improper
importation and evasion of restriction on importation) for an offence in
Section 5 Wild Animals (Restriction on Importation, Etc.) Act 1980


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connection with the importation of anything contrary to section 1, this
section shall not be taken expressly to provide a penalty for that
offence.11

5 Offences by corporations

[P1976/72/8]
Where an offence under this Act which has been committed by a body corporate
is proved to have been committed with the consent or connivance of, or to be
attributable to any neglect on the part of, a director, manager, secretary or other
similar officer of the body corporate, or any person who was purporting to act
in any such capacity, he, as well as the body corporate, shall be guilty of that
offence and shall be liable to be proceeded against and punished accordingly.
6 Expenses

Any expenses incurred by the Department in the operation of this Act shall be
defrayed out of money provided by Tynwald.12

7 Interpretation

[P1976/38/7 (4) and (5)]
(1) In this Act —
“the Board
” [Repealed]13

“circus
” means any place where performing animals are kept or introduced
wholly or mainly for the purpose of the entertainment of members of the
public for gain;
“the Customs and Excise Management Act
” means the Customs and Excise
Management Act 1986;14

“the Department
” has the meaning given by section 1(2);15

“scheduled wild animal
” has the meaning assigned to it by section 1(1);
“the Wildlife Committee
” means the Wildlife Committee established under
section 1(2) of the Endangered Species Act 2010;16

“zoological garden
” means any place, other than a circus, where animals not
living in their natural surroundings are kept for the purpose of being
regularly exhibited to members of the public for gain.
(2) The second column of the Schedule is included by way of explanation
only; in the event of any dispute or proceedings, only the first column is
to be taken into account.
8 Amendment of the Destructive Imported Animals Act 1963

[Amends sections 1, 5 and 10 of the Destructive Imported Animals Act 1963.]
Wild Animals (Restriction on Importation, Etc.) Act 1980 Section 9


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9 Short title and commencement

(1) This Act may be cited as the Wild Animals (Restriction on Importation,
Etc.) Act 1980.
(2) This Act shall come into operation on such day as the Board may by
order appoint, but no day shall be so appointed before the expiration of a
period of one month beginning with the date on which this Act is
passed.17

Wild Animals (Restriction on Importation, Etc.) Act 1980 SCHEDULE



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SCHEDULE
18

SCHEDULED WILD ANIMALS

Sections 1(1) and 3(1)
PART 1

MAMMALS
Scientific name of kind Common name or names


Macropus fuliginosus, Macropus
giganteus, Macropus robustus, Macropus
rufus

Marsupials

Western and Eastern grey kangaroos,
wallaroo, red kangaroo
Sarcophilus laniarius Tasmanian devil

Alces and Rangifer except the domestic
form of Rangifer tarandus
Artiodactyla (even-toed ungulates)

Moose, elk caribou, reindeer except
domestic reindeer

Antilocapra americana Pronghorn

Bovidae except domestic forms of Bos,
Bubalus, Capra, Ovis
Antelopes, bison, buffalo, gazelles,
goats and sheep, except domestic
cattle, buffalo, goats and sheep
Camelus Camels

Giraffidae Giraffe and okapi

Hippopotamidae Hippos

Suidae except domestic forms of Sus
scrofa
Old world pigs, including wild boar
and warthog, except the domestic pig
Tayassuidae Peccaries


Ailuridae; Ailurus fulgens
Carnivora

Red panda
Canidae, with the exception of all
types of the species Canis familiaris
other than the following —
(a) any dog of the type known as
the Pit Bull Terrier;
(b) any dog of the type known as
Japanese Tosa (or Tosa);
(c) any dog of the type known as
All dogs including the wild dog, wolf,
jackal, coyote, fennec and fox, except
that the domestic dog (with the
exception of the Pit Bull Terrier,
Japanese Tosa, Dogo Argentino or Fila
Braziliero), is specifically excluded
SCHEDULE
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Dogo Argentino; and
(d) any dog of the type known as
Fila Braziliero.
Civetticus, Viverra & Cryptoprocta ferox African civet, large spotted, Malay and
Indian civets and fossa
Felidae, except the species Felis
sylvestris catus
All cats, including the lynx, caracal,
serval, bobcat, cheetah, lion, tiger,
leopard, panther, jaguar, puma, cougar
and ocelot, except the domestic cat.
Herpestidae Mongooses
Hyaenidae except Proteles cristata Hyaenas except the aardwolf
Mustelid genera as follows: Amblonyx,
Arctonyx, Aonyx, Enhydra, Lontra,
Meles, Melogale, Mydaus, Pteronura,
Taxidea, Lutra; and species Eira barbara,
Gulo gulo, Martes pennanti, Mellivora
capensis
Badgers, otters, tayra, wolverine,
fisher, ratel/honey badger
Odobenidae Walrus
Otariidae Eared seals
Phocidae except Phoca vitulina and
Halichoerus grypus
True/earless seals except common and
grey seals
Ursidae This kind includes the polar bear,
grizzly bear and giant panda
Cetacea (whales and dolphins)

Cetacea Whales and dolphins
Cingulata (armadillos)

Priodontes maximus Giant armadillo
Pilosa (anteaters, sloths)

Myrmecophaga tridactyla Giant anteater
Primates

Primates except Homo This kind includes monkeys, lemurs,
gibbons, apes, with the exception of
humans
Perissodactyla (odd-toed ungulates)

Equidae except Equus asinus and
Equus caballus
Asses, horses and zebras except the
donkey and domestic horse
Rhinocerotidae Rhinoceroses
Tapiridae Tapirs
Proboscidia

Wild Animals (Restriction on Importation, Etc.) Act 1980 SCHEDULE



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Elephantidae Elephants
Tubulidentata

Orycteropus afer Aardvark
Mammal hybrids

Any hybrid of a kind of animal
specified in the foregoing provisions
of this column where at least one
parent is of a kind so specified, and
(except in the case of Felidae) any
animal of which at least one parent is
such a hybrid. Hybrids of kinds of
Canis familiaris, where all parents and
grandparents are Canis familiaris, are
not included.
Any mammalian hybrids with at least
one parent of a specified kind, and
(except for cats) any animal of which at
least one parent is such a hybrid.
Domestic dogs with only domestic dog
parents and grandparents are not
included.

PART 2

BIRDS
Scientific name of kind Common name or names

Casuariidae Cassowaries
Dromaiidae Emu
Rheidae Rheas
Struthionidae Ostriches

PART 3

REPTILES
Scientific name of kind Common name or names

Crocodiles and their relatives

Crocodylia This kind includes the alligators,
crocodiles, gharial, false gharial and
caimans
Snakes

Atractaspididae Burrowing asps/mole vipers & stiletto
snakes
Colubridae of genera Malpolon &
Thelotornis, and species Dispholidus
typus, Rhabdophis subminiatus,
Rear-fanged venomous snakes,
Montpelier snakes & African vine
snakes, bomslang, red-necked
SCHEDULE
Wild Animals (Restriction on Importation, Etc.) Act 1980


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Rhabdophus tigrinus, Elapomorphus
lemniscatus, Philodryas olfersii,
Tachymenis peruviana & Xenodon
severus
keelback, yamakagashi/Japanese tiger
snake, Argentine black-headed snake,
South American green racer, Peruvian
races and Amazon false viper
Elapidae Certain front-fanged venomous snakes,
including the cobra, krait, mamba,
coral snake and death adder
Hydrophiidae Sea snakes
Viperidae (including Crotalinae) Vipers and pit vipers, including
adders, rattlesnakes, the bushmaster,
fer de lance, water moccasin and
copperhead
Lizards

Helodermatidae Gila monster and Mexican bearded
lizard
Varanus komodoensis Komodo dragon


PART 4

INVERTEBRATES
Scientific name of kind Common name or names

Spiders

Ctenidae genus Phoneutria only Brazilian wandering spiders
Hexathelidae genus Atrax Sydney funnel web spider and close
relatives
Sicariidae genus Loxosceles Brown reclusive/violin spiders
Theridiidae genus Latrodectus Widow spiders and close relatives
Scorpions

Buthidae Buthid scorpions
Hemioscorpiidae species Hemiscorpus
lepturus
Middle-eastern thin-tailed scorpion

Wild Animals (Restriction on Importation, Etc.) Act 1980 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (2) amended by GC121/86, by Agriculture and Fisheries (Miscellaneous
Provisions) Act 1998 s 4 and by SD155/10 Sch 3. 2
Subs (2A) inserted by Agriculture and Fisheries (Miscellaneous Provisions) Act 1998 s
4. 3
S 1A inserted by Agriculture and Fisheries (Miscellaneous Provisions) Act 1998 s 4. 4
Subs (2) amended by GC121/86. 5
Subs (4) amended by Wildlife Act 1990 s 39. 6
Para (a) amended by GC121/86 and by Wildlife Act 1990 s 39. 7
Para (b) amended by GC121/86. 8
Subs (1) amended by GC121/86 and by Endangered Species Act 2010 Sch 4. 9
Para (a) amended by GC121/86. 10
Subs (2) amended by GC121/86. 11
Subs (5) amended by Wildlife Act 1990 s 39. 12
S 6 amended by GC121/86. 13
Definition of “the Board” repealed by GC121/86. 14
Definition of “the Customs and Excise Management Act” substituted by Wildlife Act
1990 s 39. 15
Definition of “the Department” inserted by GC121/86. 16
Definition of “the Wildlife Committee”, previously “the Scientific Advisory
Committee”, substituted by Endangered Species Act 2010 Sch 4. 17
ADO (whole Act) 1/6/1980 (GC147/80). 18
Sch substituted by SD420/13.