Destructive Imported Animals Act 1963

Link to law: https://legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/1963/1963-0005/DestructiveImportedAnimalsAct1963_1.pdf
Published: 2012-09-01

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Destructive Imported Animals Act 1963

c i e
AT 5 of 1963

DESTRUCTIVE IMPORTED ANIMALS ACT

1963

Destructive Imported Animals Act 1963 Index


c AT 5 of 1963 Page 3

c i e
DESTRUCTIVE IMPORTED ANIMALS ACT 1963

Index Section Page

1 Power to prohibit or control the importation or keeping of certain animals ......... 5
2 Power to make regulations ............................................................................................ 6
3 Grant and revocation of licences .................................................................................. 6
4 Power of inspection ........................................................................................................ 6
5 Provisions as to animals found at large ....................................................................... 6
6 Offences, etc ..................................................................................................................... 7
7 Saving in respect of animals kept for exhibition, etc ................................................. 8
8 Prohibition against the importation or keeping of musk rats .................................. 8
9 Expenses of executing Act ............................................................................................. 9
10 Interpretation ................................................................................................................... 9
11 [Repealed] ........................................................................................................................ 9
12 Short title .......................................................................................................................... 9
13 Commencement .............................................................................................................. 9
ENDNOTES 11

TABLE OF LEGISLATION HISTORY 11
TABLE OF RENUMBERED PROVISIONS 11
TABLE OF ENDNOTE REFERENCES 11

Destructive Imported Animals Act 1963 Section 1


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c i e
DESTRUCTIVE IMPORTED ANIMALS ACT 1963

Received Royal Assent: 30 May 1963
Passed: 18 June 1963
Commenced: 18 June 1963
AN ACT
to make provision for prohibiting or controlling the importation into
and the keeping within the Isle of Man of destructive non-indigenous animals,
for exterminating any such animals which may be at large, and for purposes
connected with the matters aforesaid.
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 Power to prohibit or control the importation or keeping of certain

animals

(1) Where the Department of Environment, Food and Agriculture (in this
Act called ‘the Department’) are satisfied with respect to animals of any
non-indigenous mammalian species that by reason of their destructive
habits it is desirable to prohibit or control the importation or keeping of
them and to destroy any which may be at large, they may make an order
prohibiting, either absolutely, or except under a licence granted under
this Act, the importation into or the keeping within the Isle of Man of
animals of that species.1

(1A) No order shall be made under this Act in respect of any scheduled wild
animal within the meaning of the Wild Animals (Restriction on Importation,
Etc.) Act 1980.2

(2) An order under this Act may prohibit absolutely the importation of any
animals notwithstanding that the keeping of them is not prohibited
absolutely.
(3) An order made under this Act shall be of no effect until a resolution
approving it has been passed by Tynwald.
Section 2 Destructive Imported Animals Act 1963


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2 Power to make regulations

For the purpose of enabling effect to be given to orders made under this Act, the
Department may make regulations —
(a) with respect to the ports at which animals may be imported under
a licence, the form of container to be used for their transport from
place to place, the nature of the premises upon which, and the
manner in which, they may be kept under a licence and the
precautions to be taken against their escape; and
(b) prescribe the fees to be charged in respect of the grant or renewal
of such licences.3

3 Grant and revocation of licences

(1) The Department may at their discretion —
(a) upon payment by an applicant of the prescribed fee, grant to him
the licence authorising him to import and keep, or to keep,
animals in accordance with the terms of the licence and with the
regulations, and from time to time renew any licence so granted;
and
(b) revoke any such licence, if it is shown to their satisfaction that the
holder thereof has failed to comply with any term of the licence or
with any of the regulations, or has been convicted of an offence
under this Act.4

(2) A licence may be in such form and be valid for such period and be
granted subject to such terms and conditions as the Department may
determine in respect of each particular case.5

4 Power of inspection

While an order under this Act is in force in relation to any animals, any officer
of, or person duly authorised by, the Department shall at all reasonable times be
permitted, on production of his authority if so required, to enter and inspect any
land occupied by the person holding a licence under this Act in respect of such
animals and any other land upon which he has reason to believe that such
animals are being kept or may be found.6

5 Provisions as to animals found at large

(1) The following provisions of this section shall have effect with respect to
animals found at large at any time.7

(2) The occupier of any land who knows that animals, not being animals
kept by him under a licence, are to be found thereon shall forthwith give
notice to the Department.8

Destructive Imported Animals Act 1963 Section 6


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(3) The Department so soon as they become aware that animals, not being
animals kept under a licence, are to be found on any land, may take such
steps as they consider necessary for their destruction, and it shall be the
duty of the occupier of the land to afford all such facilities as it is in his
power to afford to any persons authorised or employed by, or on behalf
of, the Department for that purpose.9

(4) The Department may authorise the local authority to exercise within
their district on behalf and at the expense of the Department the powers
of the Department under the last preceding subsection.10

(5) No action for damages shall lie in respect of the killing or wounding of
any animals which are found at large.
6 Offences, etc

(1) Any person who —
(a) at a time when the importation of any animals is prohibited
absolutely, imports, or attempts to import, any such animals into
the Isle of Man, or at a time when such importation is prohibited
except under a licence, imports or attempts to import, any such
animals into the Isle of Man without having in force a licence
authorising him so to do; or
(b) at a time when the keeping of any animals is prohibited
absolutely, keeps any such animals in the Isle of Man, or at a time
when the keeping of any animals is prohibited except under a
licence, keeps any such animals in the Isle of Man without having
in force a licence authorising him to do so; or
(c) being the holder of a licence granted to him under this Act, acts in
contravention of or fails to comply with any regulation made
under this Act, or any term of his licence; or
(d) turns loose any animals, or wilfully or negligently allows any
animals to escape; or
(e) obstructs any officer of, or person authorised by or employed by
or on behalf of, the Department or a local authority, in the
execution of his duty under this Act; or11

(f) fails to give a notice which he is required by subsection (2) of the
last preceding section to give,
shall be guilty of an offence under this Act.12

(1A) Any person guilty of an offence under subsection (1) shall on summary
conviction on the complaint of the Department be liable —
(a) in the case of an offence under paragraph (a), (b), (d) or (e) of
subsection (1), to a penalty of £5,000; and
Section 7 Destructive Imported Animals Act 1963


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(b) in the case of an offence under paragraph (c) or (f) of
subsection (1), to a penalty of £2,500,
and a court before which any person is convicted of an offence under
paragraph (a), (b) or (c) of subsection (1) may order any animals in
respect of which the offence was committed to be forfeited and
destroyed.13

(2) Any officer of police and any person duly authorised in that behalf by
the Department may seize any animals with respect to which he has
reason to believe that an offence under paragraph (a) of the last
preceding subsection has been committed, and may detain them pending
the determination of any proceedings to be instituted under that
subsection, or until the Department is satisfied that no such proceedings
are likely to be instituted.14

7 Saving in respect of animals kept for exhibition, etc

(1) A person who desires to keep animals for exhibition, or for purposes of
scientific research or other exceptional purposes, may apply to the
Department, and the Department at their discretion may grant to him a
special authority (which may be revoked by them at any time)
authorising him to import and keep such limited number of animals, in
such manner and upon such conditions as may be specified in the
authority.15

(2) A special authority may be granted under this section and shall have
effect according to its tenor notwithstanding that the acts authorised by it
are for the time being prohibited by an order made under this Act.
(3) A person who, being the holder of a special authority under this section,
acts in contravention of or fails to comply with any term or condition of
his special authority, shall be guilty of an offence under this Act, and
shall on summary conviction on the complaint of the Department, be
liable to the same penalty as if he were the holder of a licence convicted
of an offence under paragraph (c) of subsection (1) of section six of
this Act.16

8 Prohibition against the importation or keeping of musk rats

(1) Subject to the provisions of subsection (2) of this section the importation
into or the keeping within the Isle of Man of any animals of the species
designated Fiber zibethicus or Ondrata zibethica, and commonly known
as the musk rat, or musquash, is hereby prohibited absolutely, and the
provisions of this Act shall apply to musk rats as they apply to animals of
a species in respect of which an order has been made and is in force
under section one of this Act.
(2) If the Department are satisfied that it is desirable that the importation
and keeping of musk rats should cease to be absolutely prohibited, they
Destructive Imported Animals Act 1963 Section 9


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may make an order in relation thereto in terms of section one of this Act,
and upon the approval of such order by a resolution of Tynwald the
provisions of the foregoing subsection shall cease to have effect.17

9 Expenses of executing Act

Any expenses incurred by the Department under this Act shall be defrayed out
of moneys provided by Tynwald.18

10 Interpretation

In this Act, except where the context otherwise requires, the following words
and expressions shall have the meanings hereinafter respectively assigned to
them, that is to say: —
“animals
” means animals of any species in respect of which an order has been
made and is in force under this Act and any scheduled wild animal
within the meaning of the Wild Animals (Restriction on Importation, Etc.)
Act 1980;19

“licence
” means a licence issued under this Act or under section 1(2) of the said
Act of 1980, or an approval given under section 4(2) of that Act;20

“non-indigenous mammalian species
” means a mammalian species which at
the date of the commencement of the Destructive Imported Animals Act,
1934, that is to say the seventh day of June, 1934, was not established in a
wild state in the Isle of Man or had only become so established during
the preceding fifty years, but shall not include any species which was at
that date commonly kept in the Isle of Man in a domesticated state;21

“occupier
” means, in the case of land not occupied by any tenant or other
person, the owner of the land;
“land
” includes land covered with water and any buildings and any other
erection on land and any cellar, sewer, drain or culvert in or under land.
11 [Repealed]
22

12 Short title

This Act may be cited as the Destructive Imported Animals Act, 1963.
13 Commencement

This Act shall come into operation when the Royal Assent thereto has been by
the Governor announced to Tynwald and a certificate thereof has been signed
by the Governor and the Speaker of the House of Keys.
Destructive Imported Animals Act 1963 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 (1) amended by SD155/10 Sch 3. 2
Subs (1A) inserted by Wild Animals (Restriction on Importation, Etc.) Act 1980 s 8. 3
S 2 amended by GC121/86. 4
Subs (1) amended by GC121/86. 5
Subs (2) amended by GC121/86. 6
S 4 amended by GC121/86. 7
Subs (1) amended by Wild Animals (Restriction on Importation, Etc.) Act 1980 s 8. 8
Subs (2) amended by GC121/86. 9
Subs (3) amended by GC121/86. 10
Subs (4) amended by GC121/86. 11
Para (e) amended by GC121/86. 12
Subs (1) amended by GC121/86 and by Agricultural (Miscellaneous Provisions) Act
2008 s 4(a). 13
Subs (1A) inserted by Agricultural (Miscellaneous Provisions) Act 2008 s 4(b). 14
Subs (2) amended by GC121/86. 15
Subs (1) amended by GC121/86. 16
Subs (3) amended by GC121/86. 17
Subs (2) amended by GC121/86. 18
S 9 amended by GC121/86. 19
Definition of ‘animals’ amended by Wild Animals (Restriction on Importation, Etc.)
Act 1980 s 8. 20
Definition of ‘licence’ inserted by Wild Animals (Restriction on Importation Act, Etc.)
1980 s 8.
Endnotes Destructive Imported Animals Act 1963


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21
Act of 1934 repealed by this Act s 11. 22
S 11 repealed by Statute Law Revision Act 1983 Sch 2.