Advanced Search

Animal Diseases Act


Published: 1978

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Animal Diseases Act


1988 Revised Edition






C
T

ANIMAL DISEASES ACT

Animal Diseases Act CAP. 146 Arrangement of Sections




1988 Revised Edition
to

Page 3



C
T

ANIMAL DISEASES ACT

Arrangement of Sections
Section
1 Short title..........................................................................................................5

PART I. - PRELIMINARY 5
2 Interpretation....................................................................................................5
3 Act binds the Crown. .......................................................................................8

PART II. - IMPORTATION 8
4 Quarantine grounds..........................................................................................8
5 Director may appoint ports of entry.................................................................8
6 Restrictions on importation of animals. ...........................................................9
7 Prohibition on importation or liberation of certain animals.............................9
8 Duty to prevent animals from being landed...................................................10
9 Seizure and disposal of certain animals and animal products on ships

and aircraft. ....................................................................................................10
10 Illegal introduction of animals, etc. ...............................................................10
11 Emergency restrictions on importation. .........................................................11
12 Duty of officers of Post Office and Customs. ................................................11
13 Control of importation of animals etc. and prevention of introduction

of disease........................................................................................................11
14 Offences. ........................................................................................................13

PART III. - DISEASE CONTROL 13
15 Diseases to which Act applies........................................................................13
16 Control of First Schedule diseases. ................................................................13
17 Revocation of infected place or area declaration. ..........................................15

Arrangement of Sections CAP. 146 Animal Diseases Act




1988 Revised Edition Page 4
to



18 Proclamation of animal disease emergency. ..................................................15
19 Emergency powers for prevention of introduction or spread of disease. .......16
20 Compensation for first schedule diseases.......................................................16
21 Disease Control place.....................................................................................17
22 Power to kill animal and conduct post mortem examination. ........................17
23 Control of disease and destruction of diseased animals. ................................18
24 Wilfully. communicating disease. ..................................................................18
25 Compensation for animals slaughtered on account of any Second

Schedule disease.............................................................................................19
26 Cases in which compensation is not payable. ................................................19
27 Failure to destroy carcase. ..............................................................................19
28 Regulations for preventing spread of disease.................................................20

PART IV. - INSPECTORS 21
29 Appointment Inspectors. ................................................................................21
30 Powers of Inspectors. .....................................................................................21
31 Inspector may employ assistants. ...................................................................22
32 Liability for causing an Inspector to incur expense........................................22
33 Obstructing or hindering Inspector an offence...............................................22
34 Protection of Inspectors..................................................................................22

PART V. - MISCELLANEOUS 22
35 Erroneous and knowingly false declarations..................................................22
36 Offences against Act and regulations. ............................................................23
37 Moneys to be Paid into Treasury....................................................................23


FIRST SCHEDULE 24
SECOND SCHEDULE 24

Animal Diseases Act CAP. 146 Section 1




1988 Revised Edition
to

Page 5



C
T

ANIMAL DISEASES ACT

Act 27 of 1978

AN ACT TO PROVIDE FOR THE CONTROL OF ANIMAL DISEASES

Commencement [28th September 1979]

1 Short title.
This Act may be cited as the Animal Diseases Act.

PART I. - PRELIMINARY

2 Interpretation.
In this Act, unless the context otherwise requires, —

“Animal” means any living stage of the animal kingdom except human
beings; and, in the case of any mammal, bird, insect, or reptile, includes
the egg, larva, semen or the carcase thereof;

“Animal Product” means any part of an animal (including the flesh,
wool, hair, skin, hide, bones, horns, hooves, feathers, and other parts of
the carcase), and any product that is wholly, or partly derived from an
animal or any part of any animal, being part of any animal or a product
that has not been treated or sterilised to the stage where it is rendered free
from any disease and from carrying any disease;

Section 2 CAP. 146 Animal Diseases Act




1988 Revised Edition Page 6
to



“Attendant” means any person in charge of the feeding, grooming and
management during transit, of animals being imported into the Kingdom;

“Aircraft” includes a hovercraft;

“carcase” means the carcase of any animal and includes the whole or any
part of the flesh, wool, hair, skin, hide, bones, hooves, horns, feathers or
other portion of the carcase;

“cattle” means any bull, cow, steer, heifer, or calf and the carcase or any
portion of the carcase of any of them;

“conveyance” means any kind of vehicle whether self-propelled or not,
which may travel by land, sea or air which is or has been used for the
conveyance of or has come into contact with an animal, and includes a
cargo container;

“destroy” means to consume entirely by fire, or (if permitted by an
Inspector) to bury at a depth of not less than 3 feet under-ground;

“Director” means the Director of Agriculture, Forests and Fisheries;

“diseases” means any disease for the time being specified in the First or
Second Schedules to this Act;

“diseased” in relation to any animal, means that the animal is actually
suffering from or infected with any disease;

“Disease Control Place” means any land which an Inspector has declared
to be a disease control place by a notice given, and not revoked under
section 21 of this Act;

“fittings” means any stall, stable, shed, pen, horsebox, cage, container,
kennel, hive or any other structure used for keeping animals and any
halters, ropes, chains, brushes, buckets or any other articles whatsoever,
which have been brought into contact with an animal;

“fodder” means any hay, grass, straw, green crop, root, fruit or vegetable
(whether fresh, dried, preserved or processed), grain, or any cereal and
includes any other thing used for the food of animals;

“horse” means any horse, mare, gelding, colt, filly, or foal; and includes
an ass, hinny, or mule, or the carcase of any of them;

“imported animal” means any animal brought into the Kingdom by sea
or air;

“infected” applied to any animal, means that the animal is not known to
be actually diseased, but has had direct or indirect contact with any
diseased animal or any place or thing which an Inspector suspects to be
carrying or harbouring a disease;

Animal Diseases Act CAP. 146 Section 2




1988 Revised Edition
to

Page 7



“infected area” means any area which the Director has declared to be an
infected area by notice publicly notified under section 16, subsection (4)
of this Act and not revoked under section 17 of this Act, being an area
around and including an infected place;

“infected place” means any land which an Inspector has declared to be an
infected place by a notice under section 16 of this Act hereof;

“Inspector” means any Inspector or temporary Inspector appointed under
this Act;

“land” means any area, field, plantation, allotment, orchard, farm, pen,
building, paddock, highway, or other place or premises; and references to
land extend to and include water, harbour, wharf, airport, ship and
aircraft;

“litter” means any straw, or other material which is used for bedding
down animals and includes the excreta;

“master” means the captain or other person in charge of a ship or aircraft;

“Minister” means the Minister of Agriculture, Forests and Fisheries or
such Minister as His Majesty in Council may appoint to be responsible for
animals;

“notice” means a notice in writing, or in print, or partly in writing and
partly in print, delivered personally, or, (as the case may require) by
leaving it or posting it addressed to the office or address of an Inspector,
or the usual or last known place or abode or business in the Kingdom of
the owner or other person to be affected by the notice, or by affixing the
notice at the homestead or other conspicuous place on the land of the
owner or other person;

“occupier” in relation to any land, means the occupant of the land and if
the land is not occupied or the occupant is unknown, or cannot be found,
includes the allotment holder, lessee or tofi'a holder;

“organism” means any protozoan, fungus, bacterium, virus, or any other
organism or micro-organism, being one which if living is capable of
causing any disease, as defined in this section, or any other disease
affecting animals, or if dead, was so capable when living and includes any
culture, subculture, or any other preparation whatsoever of any such
protozoan, fungus, bacterium virus, organism or micro-organism;

“owner” in relation to any animal conveyance, fodder, or fittings, means
any owner or joint owner thereof (other than a mortgagee not in
possession) and includes any superintendent, overseer, agent, carrier,
master of a ship or captain of an aircraft or other person having possession
or charge thereof, and any consignee thereof;

Section 3 CAP. 146 Animal Diseases Act




1988 Revised Edition Page 8
to



“place” includes any land, water, harbour, wharf, ship and aircraft within
the outer limits of territorial seas of the Kingdom;

“port” includes a seaport, airport or post office;

“quarantine ground” means any land or place set apart by the Minister
under section 4 of this Act as a quarantine ground;

“ship” means any boat, ship, steamer, lighter, barge, launch, hulk, punt,
yacht, ferry boat or raft;

“swine” means any boar, barrow, sow, or pig of any age and any breed or
the carcase of any of them.

3 Act binds the Crown.
This Act shall bind the Crown.

PART II. - IMPORTATION

4 Quarantine grounds.
(1) The Minister may from time to time, by notice in the Gazette, define any

land under his control or with the consent of the Minister of Lands, any
land of the Crown, as a quarantine ground for the detention of imported
animals, or of one or more kinds of imported animals.

(2) The Minister may from time to time, vary, alter, redefine or abolish any
such quarantine ground.

(3) The cost of erecting buildings and fences, where necessary, on quarantine
grounds, shall be met out of any money from time to time appropriated by
the Legislative Assembly for the purposes of this section.

(4) All quarantine grounds and all appurtenances, fences and fittings shall be
under the control of the Director or a departmental officer authorised
by him.

(5) No person shall move onto or remove from any quarantine ground any
animal or any thing without the written consent of the Minister.

5 Director may appoint ports of entry.
The Minister may from time to time, by notice in the Gazette, appoint particular
ports to be the only ports at which animals or any animal product may be
lawfully imported into the Kingdom.

Animal Diseases Act CAP. 146 Section 6




1988 Revised Edition
to

Page 9



6 Restrictions on importation of animals.
(1) No person shall import or introduce any animal, animal product, animal

manure, packing material, fittings or fodder into the Kingdom —
(a) without the written permit of the Director or of a person authorised

by him in that behalf;
(b) in contravention of any regulations made hereunder; or
(c) in contravention of section 7 of this Act.

(2) Every such permit shall be subject to such conditions as may be specified
in relation thereto in the permit and any regulations made under this Act.

(3) Conditions may be imposed by any such permit or regulations to affect
after the importation or introduction of any animal or species of animal or
any animal product, animal manure or fittings.

(4) Any such permit may be general or may relate to a specified importation.

(5) Any such permit may be revoked or varied at any time by the Director or
by any person authorised by him to grant such a permit.

7 Prohibition on importation or liberation of certain animals.
(1) No person shall import or introduce into the Kingdom without prior

approval of His Majesty's Cabinet any animal or carcase of the species
listed below: —
(a) any snake of any species whatever;
(b) any venomous reptile, or any living stage of any venomous

amphibian, venomous fish or venomous invertebrate;
(c) any monkey of any species;
(d) any member of the squirrel species;
(e) any red fox or silver fox;
(f) any musquash (or muskrat);
(g) any hamster;
(h) any mongoose;
(i) any coypu (or nutria);
(j) any mink;
(k) any rabbit;
(l) any hare;
(m) any deer;
(n) any opossum;

Section 8 CAP. 146 Animal Diseases Act




1988 Revised Edition Page 10
to



(o) any other animal that is likely to become a nuisance or to cause
injury or damage.

(2) No person shall without prior approval of Cabinet import or introduce into
the Kingdom the egg, semen or carcase of any animal specified in
subsection (1) of this section.

8 Duty to prevent animals from being landed.
The owner, charterer, agent, master or captain of any ship or aircraft arriving in
the Kingdom shall, —

(a) prevent any animal from being landed from that ship or aircraft
unless permitted by an Inspector; and

(b) if so required by an Inspector, enter into a bond for such amount not
exceeding $1000 as the Inspector may require to secure due
compliance with this section.

9 Seizure and disposal of certain animals and animal products on
ships and aircraft.
Where any animal or animal product is found by an Inspector on any ship or
aircraft and the animal or animal product is not being imported or introduced
into the Kingdom in accordance with this Act, or is not listed on the inward
report of the ship or aircraft, the animal or animal product shall be deemed to be
illegally imported; and, unless an Inspector directs that it be retained on the ship
or aircraft and re-shipped therewith, the animal or animal product shall be seized
and destroyed by the Inspector, and no compensation shall be payable in
respect of it.

10 Illegal introduction of animals, etc.
(1) Any animal that has been unlawfully introduced or imported into the

Kingdom, and any descendant of that animal may be seized by an
Inspector who shall destroy or otherwise deal with the animal as the
Director so directs.

(2) Any animal manure, animal product, fodder or fittings unlawfully
imported or introduced into the Kingdom may be seized by an Inspector
who shall destroy, fumigate, disinfect, or otherwise deal with them as the
Director so directs.

(3) All costs and expenses pertaining to and attendant upon the seizure,
destruction, or otherwise dealing with such animal, product, animal
manure, fodder or fittings shall be borne by the owner thereof, and shall

Animal Diseases Act CAP. 146 Section 11




1988 Revised Edition
to

Page 11



be recoverable from the owner as a debt due to the Crown; and no
compensation shall be payable therefor.

(4) An Inspector may open, or require to be opened any baggage or package
and may inspect and examine any goods or things, brought into the
Kingdom from overseas.

(5) Every person who imports or introduces into the Kingdom any animal
otherwise than in accordance with this Act and of any regulations made
hereunder, and of any permit commits an offence against this part of
this Act.

(6) Every person who knowingly has in his possession any animal unlawfully
imported or introduced into the Kingdom, or any descendant of any such
animal, commits an offence against this part of this Act.

11 Emergency restrictions on importation.
(1) Notwithstanding anything in this Act, the Minister may, for the purpose of

preventing the introduction of any animal disease, at any time by notice in
the Gazette, prohibit or restrict the introduction of any animal, animal
product, fodder or fittings or any other thing whatsoever, either absolutely
or unless such conditions as may be imposed on the permit are
complied with.

(2) Any notice under subsection (1) of this section shall expire 6 months from
the date of its first publication in the Gazette, but, if necessary may from
time to time be extended or renewed.

12 Duty of officers of Post Office and Customs.
It shall be the duty of all officers of the Post Office and of Customs respectively
to assist in the implementation of section 10 of this Act, and to prevent the
introduction into the Kingdom, or the bringing to any part of the Kingdom of
any thing contrary to the provisions of this Act and to any regulations made
hereunder. For these purposes they may, in respect of anything so introduced or
attempted to be introduced, exercise all the powers conferred by the Post Office
Act (Cap. 95) in the case of postal articles posted in breach of that Act, and by
the Customs and Excise Act (Cap. 67) in the case of uncustomed or
prohibited goods.

13 Control of importation of animals etc. and prevention of
introduction of disease.
(1) The Minister may from time to time make regulations for all or any of the

following purposes: —

Section 13 CAP. 146 Animal Diseases Act




1988 Revised Edition Page 12
to



(a) prohibiting or restricting the importation or introduction into the
Kingdom, (either generally or from such countries or places and
during such periods as may be necessary for the purpose of
preventing the introduction into the Kingdom of any disease
affecting animals, and either absolutely or unless such conditions as
may be specified in the regulations or in any permit are complied
with) of all or any of the following —
(i) animals or one or more kinds of animals;
(ii) animal products and animal manure;
(iii) any fodder, fittings, and articles of any kind which have, or

are reasonably believed by any Inspector to have come into
contact with any animal, animal product or animal manure;

(iv) soil, sand, clay, ballast, package, packing materials,
containers, viable plant material and fodder.

(b) prescribing certain ports and airports at which animals or certain
kinds of animals may be introduced into the Kingdom;

(c) prescribing conditions and requiring certificates for animals, animal
products, animal manure, fittings and fodder, or any of them, to
enter the Kingdom so as to prevent the introduction of disease into
the Kingdom;

(d) providing for the issue or revocation of permits for the importation
of animals, animal products, animal manure, fittings and fodder, or
any of them, to enter the Kingdom and specifying any conditions
which may be necessary to prevent the introduction of disease into
the Kingdom;

(e) providing for Masters or Captains of any ships or aircraft and
controlling authorities of ports, to give such information for the
purposes of this Act as may be prescribed from time to time;

(f) regulating the duties of masters or captains of any ships or aircraft
in relation to any animals whether or not intended to be imported
into the Kingdom and in relation to the storage of garbage aboard
ships and aircraft; and requiring the use of garbage destruction
facilities or the disposal of garbage as directed by an Inspector;

(g) providing for the inspection of animals, animal products and animal
manure introduced or about to be introduced into the Kingdom;

(h) providing for the sealing, to the satisfaction of an Inspector, on any
ship or aircraft arriving in the Kingdom from overseas, of food
lockers containing any meat that has come from an overseas
country, or any meat that has been in contact with such meat;

(i) requiring every person (including every member of the crew of any
vessel or aircraft) arriving in the Kingdom from overseas to make a

Animal Diseases Act CAP. 146 Section 14




1988 Revised Edition
to

Page 13



declaration on the form provided for the purpose as to whether he
has any animal, animal product, fittings or organism in his baggage;
and whether he has been in an abattoir, meat factory, or farm,
within a time prescribed on the declaration;

(j) providing for the confiscation, and destruction of animals, animal
products, animal manure, fodder or fittings where necessary to
control or to prevent the introduction of any disease into the
Kingdom, and prescribing the manner of disinfection of persons or
things which have come into contact with animals, animal products,
animal manure, fodder or fittings, ship, aircraft or any other thing
likely to carry disease;

(k) generally providing for all purposes which may be necessary for
preventing the introduction of disease into the Kingdom.

14 Offences.
(1) Every person who acts in contravention of or fails to comply with any of

the provisions of this Part of this Act, or of any notice given by the
Director under section 11 of this Act, commits an offence against this Part
of this Act.

(2) Every person who commits an offence against this Part of this Act is
liable upon conviction to a fine not exceeding $2000 or to imprisonment
for a term not exceeding 3 months or to both.

PART III. - DISEASE CONTROL
First Schedule Diseases

15 Diseases to which Act applies.
(1) In this Act unless the context otherwise requires, every reference to a

disease means a disease for the time being specified in the First or Second
Schedule to this Act.

(2) The Minister may from time to time by notice in the Gazette amend the
Schedules to this Act by removing or inserting the name of any disease.

16 Control of First Schedule diseases.
(1) If an Inspector has cause to believe or to suspect that any animal is

suffering from or affected or infected with any of the diseases, for the time
being, specified in the First Schedule of this Act, and is or has been on

Section 16 CAP. 146 Animal Diseases Act




1988 Revised Edition Page 14
to



any land, he shall by notice declare that land, and such other land (if any)
in the neighbourhood as he may specify to be an infected place.

(2) Every notice served under subsection (1) of this section shall be given by
serving a copy of the notice on an occupier of each piece of land included
in the infected place:

Provided that where the Inspector giving the notice cannot after
reasonable inquiry ascertain an occupier of any part of the land then the
notice need not be served:

Provided also that, where it is impracticable to give notice in accordance
with the foregoing provisions of this section, it may be given by notice in
the Gazette.

(3) Every such notice shall be in a form approved for the purpose by the
Minister.

(4) Where any land is declared an infected place by an Inspector he must
notify immediately the Minister who shall give public notice of the
infected place and shall forthwith declare any part of or the whole of the
island in which the infected place is located an infected area.

(5) When an infected area is declared by the Director he may require the
assistance of any member of the Police or any official of the airport or
port authorities to set up roadblocks at all exits from the infected area and
shall cause facilities to be set up for the cleansing and disinfection of all
vehicles and the footwear, and any other thing likely to carry infection,
from leaving the area.

(6) The Director shall cause to be set up adequate facilities for the
disinfection of all containers, crates, packing etc., which is likely to carry
disease and is being sent out of the infected area and including the
detailed inspection of all baggage of all persons leaving the infected area
for other islands of the Kingdom, or for other countries, so as to prevent
any footwear, implements, animal or vegetable produce, or any other
thing, which in the opinion of the Inspector is likely to be infected, from
leaving the infected area.

(7) Every person commits an offence and is liable upon conviction to a fine
not exceeding $1000 who —
(a) resists or wilfully obstructs, or wilfully fails to comply with any

direction of, a member of the Police or any official of the airport or
port authorities who is acting in performance of his duties under
this section; or

(b) knowingly enters or leaves, or removes any animal, animal product,
animal manure, vegetable, fruit or plant products, fodder, fittings,
or thing of any kind whatsoever from an infected place without the
written permission of an Inspector or otherwise than in accordance

Animal Diseases Act CAP. 146 Section 17




1988 Revised Edition
to

Page 15



with such conditions as may be specified by the Inspector in the
written instrument granting the permission; or

(c) knowingly moves any animal, animal product, animal manure,
vegetable, fruit or plant product, fodder, fittings, or thing out of or
into an infected area, or from one place within an infected area to
another place within that infected area, without the written
permission of an Inspector or otherwise be specified by the
Inspector in the written instrument granting the permission.

(8) All animals, animal products, animal manure, vegetable, fruit or plant
products, fodder, fittings, or anything that is removed or moved in
contravention of subsection (7) of this section may be seized by an
Inspector and shall be forfeited, destroyed, sold or otherwise disposed of
as the Director may direct.

17 Revocation of infected place or area declaration.
Every declaration that any area or land is an infected place or an infected area
shall remain in force until it is revoked by a notice of revocation given in the
manner in which notice of declaration was given.

18 Proclamation of animal disease emergency.
(1) If at any time it appears that an outbreak of a serious disease has occurred,

or is likely to occur in the Kingdom, or in any part or parts of the
Kingdom, the Minister, with the consent of Cabinet may proclaim that a
state of animal disease emergency exists throughout the Kingdom or in
such part of the Kingdom as may be defined in the Proclamation.

(2) No such Proclamation shall remain in force for more than 6 months, but
nothing in this subsection shall prevent the issue of another Proclamation
before or after the end of that period.

(3) While an animal disease emergency exists throughout any such area or
areas, the Director or any person authorised in writing by him in that
behalf may —
(a) require any fit male person over the age of 18 years who resides or

works within 5 miles of the place where he is required to render
assistance, to assist within any such area to prevent, eradicate, or
limit the spread of the disease in such manner as the Director or
person requiring the assistance may specify;

(b) require the owner of any article or equipment or land or premises or
ship or aircraft which is anywhere in the Kingdom and which the
Director or person authorised by him considers would be of
assistance in preventing, eradicating, or limiting the spread of the

Section 19 CAP. 146 Animal Diseases Act




1988 Revised Edition Page 16
to



disease to transfer the article or equipment to or permit it or the land
or premises or ship or aircraft to be used for a specified period by
the Director or any other person.

(4) Every person who, in response to a requirement pursuant to this section,
renders assistance, or transfers any article or equipment to or permits it on
any land or premises or ship or aircraft pursuant to this section, or renders
assistance, or transfers any article or equipment is entitled to be
remunerated or compensated out of money appropriated by the Legislative
Assembly for the purpose by the Director under such circumstances, at
such rates and subject to such conditions as may be prescribed by
regulations made under this Act or as may be approved by the Minister of
Finance if there are no such regulations or in cases where the regulations
do not apply.

(5) Every person who wilfully acts in contravention of or wilfully fails to
comply in any respect with any provision of this section commits an
offence, and is liable upon conviction to a fine not exceeding $200.

19 Emergency powers for prevention of introduction or spread of
disease.
If the Minister has with the consent of Cabinet proclaimed that a state of animal
disease emergency exists throughout all or any part or parts of the Kingdom and
while that state of emergency continues, the Director may, in the area or areas,
take all such measures, and do all such acts and things, and give all such
directions, and require all such acts to be done, as in the opinion of the Director
are necessary and desirable for the purpose of eradicating, limiting, or
preventing the spread of disease.

20 Compensation for first schedule diseases.
(1) Where any animal has been seized and slaughtered as being affected or

infected or suspected of being affected or infected with any of the diseases
for the time being specified in the First Schedule to this Act there shall be
payable, out of money appropriated by the Legislative Assembly for the
purpose, to the owner of the slaughtered animal, compensation equal to
the fair market value of the animal, fixed at the time of the inspection that
results in it being seized and slaughtered.

(2) Such compensation shall be assessed by the Director whose decision shall
be final.

(3) No such compensation shall be payable if the owner has been guilty of an
offence under section 16(7) of this Act in respect of the
slaughtered animal.

Animal Diseases Act CAP. 146 Section 21




1988 Revised Edition
to

Page 17



Second Schedule Diseases

21 Disease Control place.
(1) When an Inspector has reason to believe or suspect that any animal is

suffering from or is affected or infected with any of the diseases specified
in the Second Schedule hereof and is or has been on any land, he may by
notice declare the land and any other land in the neighbourhood as he may
specify to be a disease control place.

(2) Every notice under subsection (1) of this section shall be given by serving
a copy of the notice on an occupier of each piece of land included in the
disease control place:

Provided that where the Inspector serving the notice cannot reasonably
find or ascertain an occupier quickly, he need not serve the notice and in
such instance it may be given by notice in the Gazette.

(3) Every such notice shall be in a form approved for the purpose by the
Director.

(4) Every such notice shall declare that every animal that is in the same lot as
the suspected animal and is susceptible to the disease shall be quarantined
on the land for the period specified in the notice.

(5) Every declaration of a disease control place shall remain in force for 21
days or for such shorter period as may be specified in the notice and may
be renewed from time to time provided the Director is satisfied that such
renewal of the notice is necessary for the proper diagnosis, treatment,
control or eradication of the disease.

(6) Any declaration of a disease control place may be revoked at any time by
an Inspector by a notice of revocation in the same manner in which the
notice of declaration was given.

(7) Every person commits an offence and is liable upon conviction to a fine
not exceeding $1000 who knowingly moves any animal or thing out of or
into a disease control place without the written permission of an Inspector
or otherwise than in accordance with such conditions as may be specified
by the Inspector in the written instrument granting the permission.

First and Second Schedule Diseases

22 Power to kill animal and conduct post mortem examination.
(1) Where an Inspector examining an animal or animals suspects that the

animal or animals are diseased and considers a post mortem examination
necessary to establish a diagnosis, he may on the authority of the Director,

Section 23 CAP. 146 Animal Diseases Act




1988 Revised Edition Page 18
to



kill the animal or animals and conduct a post mortem examination in such
manner as he considers necessary to decide whether the animal or animals
are diseased, and where necessary for the same purpose obtain specimens
for laboratory examination and diagnosis.

(2) Where an Inspector kills an animal pursuant to subsection (1) of this
section he shall advise in writing the Director and the owner, of the results
of the examination and of any laboratory reports accruing from the
examination.

23 Control of disease and destruction of diseased animals.
(1) If the Director is satisfied that any animal is diseased or infected with a

disease or has during the previous 3 months been diseased he may cause
steps to be taken, —
(a) to control or eradicate the disease; or
(b) to secure the destruction of the animal under the supervision of an

Inspector.

(2) The owner of any diseased animal or animals suspected of being diseased
or the occupier of any land on which there is a diseased animal shall do
whatsoever is directed by an Inspector to be necessary to control or
eradicate any disease, or prevent the spread of any disease to or from any
place whatsoever.

(3) If the owner, occupier, or person in charge fails to comply, to the
satisfaction of the Inspector, with any direction given under subsection (2)
of this section, the Inspector shall, with the authority of the Director, carry
out the measures directed in every way at the expense, but without
prejudice to the liability under this Act, of the owner, occupier, or person
in charge.

(4) Every person who wilfully acts in contravention of or fails to comply in
any respect with any provision of this section or of any requirement, order
or direction made or given or imposed under this section commits an
offence, and is liable upon conviction to a fine not exceeding $500 and, if
the offence is a continuing one, to a further fine not exceeding $20 for
every day or part of a day during which the offence continues.

24 Wilfully communicating disease.
Every person who, except for scientific purposes by authority from the Director,
wilfully communicates or causes to be communicated any disease to an animal,
commits an offence and is liable upon conviction to imprisonment for any period
not exceeding 2 years, or to such fine not exceeding $100 as the Court thinks fit,
or to both.

Animal Diseases Act CAP. 146 Section 25




1988 Revised Edition
to

Page 19



25 Compensation for animals slaughtered on account of any Second
Schedule disease.
(1) Where pursuant to the provisions of this Act or of any regulations made

under this Act, any animal is condemned and slaughtered as being
affected or infected with any of the diseases for the time being specified in
the Second Schedule to this Act or as being suspected of being so
affected, and the carcase thereof is destroyed or otherwise disposed of, the
owner of the animal shall be entitled to be paid, out of money
appropriated by the Legislative Assembly for the purpose, compensation
in the cases, to the extent, and subject to the conditions hereafter provided
in this section.

(2) The compensation shall be based as hereafter provided in this section on
the fair market value of the animal as fixed at the time of the inspection
that results in it being condemned, the compensation to be ascertained by
the Director whose decision shall be final.

(3) In any case where compensation in respect of a slaughtered animal is
payable under this section, if after examining the carcase of the animal the
Inspector is satisfied that it was not diseased when he condemned it, the
amount of the compensation shall be a sum equal to the fair market value
of the animal.

(4) In any other case where compensation in respect of a slaughtered animal
is payable under this section, the amount of compensation shall be a sum
equal to one-half of the fair market value of the animal.

26 Cases in which compensation is not payable.
(1) No compensation shall be payable in respect of any imported animal if the

animal is condemned before it is released from quarantine controls, or
certified as apparently free from disease by the Inspector or an officer
authorised by him.

(2) No compensation shall be payable under section 25 of this Act in respect
of any animals other than horses, cattle, sheep, goats, and swine.

27 Failure to destroy carcase.
Every person who fails or neglects to destroy the carcase of any animal as
required by an Inspector commits an offence and is liable on conviction to a fine
not exceeding $100.

Section 28 CAP. 146 Animal Diseases Act




1988 Revised Edition Page 20
to



28 Regulations for preventing spread of disease.
(1) Without limiting the power to make regulations conferred by section 13 of

this Act, the Minister may from time to time, make regulations for all or
any of the following purposes: —
(a) providing for the seizure and slaughter or the quarantine of any

animals that are diseased or infected or suspected of being diseased
or infected;

(b) providing for the eradication and prevention of the spread of any
disease;

(c) providing for the management of animals and animal products in an
infected area, infected place, or disease control area;

(d) providing for the prohibiting or regulating the movement of
animals, persons, fodder, fittings, farm products, and things, into,
out of, or in an infected place, infected area or disease control area;

(e) providing for the treatment and remedial measures to be adopted in
the case of diseased, infected or suspected to be diseased, or
infected animals;

(f) prescribing the manner in which persons or things coming into
contact with diseased or infected animals, and land, premises,
conveyances coming in contact with diseased or infected animals,
shall be cleansed and disinfected;

(g) providing for the disinfection of persons, clothing, vehicles and any
chattels whatsoever, who or which pass out of or through any area,
throughout which an animal disease emergency for the time being
exists in accordance with section 18 of this Act or any part of the
area defined in the regulations, so as to assist in limiting the spread
of the disease;

(h) prescribing the terms and conditions on or subject to which persons,
in response to a requirement pursuant to section 15 of this Act, shall
render assistance, or transfer any article or equipment or permit it or
any land, premises, fittings, ship or aircraft to be used for any
period by the Director or any other person; and the rates of
remuneration and compensation to those persons;

(i) requiring any harbour authority, or airport authority in any
instances where any animal suffering from foot and mouth disease
is found on any land in any island of the Kingdom to prohibit or
restrict the use of such facilities at any port or airport under its
control as the Director may specify and to such extent as he may
require;

Animal Diseases Act CAP. 146 Section 29




1988 Revised Edition
to

Page 21



(j) providing for the destruction, or disposition, or treatment of any
fodder, fittings, or the carcase of any animal seized and slaughtered
in an infected place, infected area or disease control place;

(k) prohibiting or controlling the feeding of raw or uncooked garbage
to swine or poultry; and providing for the control of garbage
dumps, and preventing the access of animals to garbage dumps;

(l) generally for all or any such purpose as may be necessary for
preventing the spread of disease.

(2) Regulations made under this section may prescribe for offences
punishable by a fine not exceeding $200.

PART IV. - INSPECTORS

29 Appointment Inspectors.
(1) There shall be appointed from time to time, such inspectors as may be

necessary for the purposes of this Act.

(2) For the purposes of this Act the Director may from time to time appoint
temporary inspectors, who may be full-time officers of the Department of
Agriculture, Forests and Fisheries or persons other than full-time officers
of the Department of Agriculture, Forests and Fisheries. Temporary
inspectors shall perform their duties only when so directed by the
Director. If any person is appointed as a temporary inspector is a full-time
officer or employee in the Public Service he shall not be entitled to any
additional remuneration in respect of his appointment under
this subsection.

30 Powers of Inspectors.
(1) Every Inspector shall have power, on producing (if so required) due

evidence of his appointment, to enter at any time into any conveyance, or
on any land or premises, or on board any ship or aircraft for the purpose of
inspecting any animals; but no Inspector shall enter any dwelling-house
pursuant to this section unless authorised to do so by a warrant issued by a
Magistrate or Judge who shall not grant the warrant unless he is satisfied
that the Inspector has reasonable grounds for requiring entry into the
dwelling-house.

(2) An Inspector may give notice to the owner of any animals to muster the
animals at a place and on a date to be named in the notice; and may direct
the owner of any diseased or infected animals to take such measures

Section 31 CAP. 146 Animal Diseases Act




1988 Revised Edition Page 22
to



regarding their treatment, or to do such others acts as the Inspector
considers to be necessary to eradicate or to control the spread of disease:

Provided that no Inspector shall destroy or otherwise dispose of such
animal under this section unless in accordance with regulations made
under this Act, or under the instructions of the Director.

31 Inspector may employ assistants.
An Inspector may, whenever necessary for the purposes of this Act, and as may
be approved by the Director, employ any person or persons to assist him
temporarily.

32 Liability for causing an Inspector to incur expense.
If any person, by failing to comply with or acting contrary to this Act, causes an
Inspector or an assistant of an Inspector or an employee in the Public Service to
incur an expense that he would not otherwise have incurred, that person shall
reimburse the Crown for the full amount of that expense reasonably and properly
incurred and that amount shall be recoverable from him as a debt due to
the Crown.

33 Obstructing or hindering Inspector an offence.
Every person commits an offence against this Act and is liable on conviction to a
fine not exceeding $200 who directly or indirectly obstructs, hinders, interrupts,
threatens, or assaults any Inspector or any assistant of an Inspector in the
performance of his duty under this Act.

34 Protection of Inspectors.
An Inspector or an assistant of an Inspector shall not be liable for any loss or
damage resulting from the exercise of powers conferred by this Act unless the
loss or damage is caused otherwise than in the reasonable exercise of
those powers.

PART V. - MISCELLANEOUS

35 Erroneous and knowingly false declarations.
(1) Every person who makes any declaration or gives any certificate under

this Act or any regulations thereunder which is erroneous in any material

Animal Diseases Act CAP. 146 Section 36




1988 Revised Edition
to

Page 23



particular commits an offence and is liable on conviction to a fine not
exceeding $200.

(2) Every person who knowingly makes any false declaration or gives any
false certificate under this Act or any regulations thereunder commits an
offence and is liable on conviction to imprisonment for a term not
exceeding 2 years.

36 Offences against Act and regulations.
(1) Every person who fails to comply with or acts in contravention of any

provision of this Act or any regulations made thereunder or any order or
direction or requirement or condition made or given or imposed by the
Director or an Inspector or any other authorised officer or employee or
any assistant of an Inspector pursuant to powers conferred by or under this
Act or any such regulations, commits an offence against this Act:

Provided that this subsection shall not apply to any such failure or act
which is an offence against any other provisions of this Act or any
regulations made thereunder.

(2) Every person who commits an offence against this Act or any regulations
made thereunder for which no penalty is provided elsewhere than in this
section is liable on conviction to a fine not exceeding $200.

37 Moneys to be Paid into Treasury
All moneys other than fines recovered or received under this Act shall be paid
by remitting it to the Director who shall remit it to the Treasury.



FIRST SCHEDULE CAP. 146 Animal Diseases Act




1988 Revised Edition Page 24
to



FIRST SCHEDULE

Acute Fowl cholera

Acute Haemorraphagic septicaemia

Acute infectious laryngotracheitis

African horse sickness

African swine fever

Bluetongue

Contagious bovine pleuro-pneumonia

Foot and mouth disease

Fowl plague

Newcastle disease

Rabies

Rinderpest

Scrapie

Swine Fever

Vesicular exanthema

SECOND SCHEDULE

Anaplasmosis

Anthrax

Aujeszky's disease

Babesiosis

Borna disease

Bovine malignant catarrh

Brucellosis

Caprine Pleura-Pneumonia

Equine encephalomyelitis

Equine infectious anaemia

Ephemeral fever

Epizootic lymphagitis

Animal Diseases Act
CAP. 146 SECOND

SCHEDULE




1988 Revised Edition
to

Page 25



Fowl tick fever

Glanders

Heart water

Hytadids

Infectious bronchitis (Poultry)

Ixodidae

Johne's disease

Louping ill

Lumpy skin disease

Lymphomatosis

Mange

Meliodosis

Mucosal disease complex

Nodular worm of sheep

Psittacosis

'Q' fever

Rift valley fever

Sheep scab

Sheep pox

Stickfast flea

Swine pox

Teschen disease

Theileriasis

Trichinosis

Trypanesomiasis

Tuberculosis

Tularemia

Vesicular stomatitis

Warbles