Animals (Trapping) (Jersey) Law 1961

Link to law: http://www.jerseylaw.je/Law/display.aspx?url=lawsinforce%2fconsolidated%2f02%2f02.200_Animals(Trapping)Law1961_RevisedEdition_1January2008.htm
Published: 2008-01-01

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Animals (Trapping) (Jersey) Law 1961

Revised Edition

02.200

Showing the law as at 1 January 2008

This is a revised edition of the law

Animals (Trapping) (Jersey) Law 1961

Arrangement

Article

1            Interpretation

2            Restriction on the use of traps

3            Inspection of traps

4            Open trapping of rabbits

5            Spreading of myxomatosis

6            Provision as to Orders

7            Provision as to penalties

8            Citation

Supporting Documents

Endnotes

Table of Legislation History

Table of Renumbered Provisions

Table of Endnote References



Animals (Trapping) (Jersey) Law 1961[1]

A LAW to prevent cruelty in connection with the trapping of animals

Commencement [see endnotes]

1      Interpretation

In this Law –

“approved trap” and any reference to the animals or circumstances for which a trap is approved shall be construed in accordance with Article 2(2);

“Minister” means the Minister for Planning and Environment;

“trap” includes a gin or snare.[2]

2      Restriction on the use of traps

(1)    Subject to the provisions of this Article, a person shall be guilty of an offence if –

(a)     for the purpose of killing or taking animals, the person uses, or knowingly permits the use of, any trap other than an approved trap, or uses, or knowingly permits the use of, an approved trap for animals, or in circumstances, for which it is not approved;

(b)     the person sells, or exposes or offers for sale, any trap other than an approved trap; or

(c)     the person has any trap in his or her possession for a purpose which is unlawful under this Article.[3]

(2)    The Minister may by Order approve traps of a prescribed type and make, either for general use or subject to conditions as to the animals for which and the circumstances in which a trap may be used.[4]

(2A)      Paragraph (1) shall not apply –

(a)     to a trap of a description specified by Order of the Minister; or

(b)     to a person acting with authority of and in accordance with a licence granted under paragraph (2B).[5]

(2B)      The Minister may by Order establish a scheme for the grant of licences –

(a)     authorizing the use, the sale or exposure or offer for sale or the possession of a traps of a specified type and make;

(b)     either to persons of a class or to particular persons;

(c)     subject to compliance with any specified conditions;

(d)     subject to their modification or revocation by the Minister at any time; and

(e)     subject to the payment of a fee to the Minister upon such grant.[6]

(3)    Paragraph (1)(a) shall not make unlawful the experimental use of a trap under and in accordance with a licence granted by the Minister to enable a trap to be developed or tested with a view to its being approved for the purposes of this Law.

3      Inspection of traps

A person who uses, or knowingly permits the use of, an approved trap for the purpose of killing or taking animals, or which is so placed as to be likely to kill or take any animal, shall inspect, or cause some competent person to inspect, the trap at reasonable intervals of time and at least once every day between sunrise and sunset, and if the person fails to comply with the provisions of this Article the person shall be guilty of an offence.

4      Open trapping of rabbits

A person shall be guilty of an offence if, for the purpose of killing or taking rabbits, the person uses, or knowingly permits the use of, an approved trap elsewhere than in a rabbit hole.

5      Spreading of myxomatosis

A person shall be guilty of an offence if he or she knowingly uses, or permits the use of, a rabbit infected with myxomatosis to spread the disease among rabbits.

6      Provision as to Orders

The Subordinate Legislation (Jersey) Law 1960,[7] shall apply to Orders made under this Law.

7      Provision as to penalties[8]

A person guilty of an offence under this Law shall be liable to a fine not exceeding level 2 on the standard scale.

8      Citation

This Law may be cited as the Animals (Trapping) (Jersey) Law 1961.



Endnotes

Table of Legislation History



Legislation



Year and No



Commencement



Animals (Trapping) (Jersey) Law 1961



L.36/1961



1 November 1961



Animals (Trapping) (Amendment) (Jersey) Law 1994



L.21/1994



7 October 1994



Transfer of Functions (Environment and Public Services Committee) (No. 2) (Jersey) Act 2003



R&O.107/2003



28 October 2003



States of Jersey (Amendments and Construction Provisions No. 3) (Jersey) Regulations 2005



R&O.132/2005



9 December 2005



Animal Welfare (Jersey) Law 2004



L.27/2004



1 February 2007
(R&O.10/2007)



Table of Renumbered Provisions



Original



Current



8(1)



8



(2)



spent, omitted from this revised edition



Table of Endnote References



[1]



This Law has been amended by the States of Jersey (Amendments and Construction Provisions No. 3) (Jersey) Regulations 2005. The amendments replace all references to a Committee of the States of Jersey with a reference to a Minister of the States of Jersey, and remove and add defined terms appropriately, consequentially upon the move from a committee system of government to a ministerial system of government



[2] Article 1



amended by L.27/2004



[3] Article 2(1)



amended by L.27/2004



[4] Article 2(2)



substituted by L.27/2004



[5] Article 2(2A)



inserted by L.27/2004



[6] Article 2(2B)



inserted by L.27/2004



[7]



chapter 15.720



[8] Article 7



substituted by L.21/1994