Livestock Diseases Act


2008 Revised Edition

CAP. 44.25






LIVESTOCK DISEASES ACT

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LIVESTOCK DISEASES ACT

Arrangement of Sections
Section

PART I - GENERAL 5
1 Short title................................................................................................................ 5
2 Purpose of this Act................................................................................................. 5
3 Interpretation.......................................................................................................... 5
4 General Power of the Minister to make regulations .............................................. 6
5 General Power of Minister to expend money for the eradication of diseases

of livestock............................................................................................................. 7
6 Power to obtain information .................................................................................. 7

PART II - SEPARATION AND TREATMENT OF DISEASED
LIVESTOCK 7
7 Separation of diseased livestock and notice of disease.......................................... 7
8 Treatment with serum or vaccine of livestock exposed to infection...................... 7
9 General provisions as to infected places and areas ................................................ 8
10 Quarantine.............................................................................................................. 8
11 Duties and authorities of Police Officers ............................................................... 8
11A General Powers of Inspectors ................................................................................ 8
12 Offences against this Act ....................................................................................... 9
13 Penalties for offences against this Act ................................................................... 9

Supporting Documents

ENDNOTES 10

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LIVESTOCK DISEASES ACT

AN ACT TO CONTROL THE SPREAD OF DISEASE AMONG
LIVESTOCK AND TO EMPOWER THE ISOLATION OF INFECTED

AREAS AND THE DESTRUCTION, WITH COMPENSATION, OF
INFECTED ANIMALS1



PART I - GENERAL

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

2 Purpose of this Act
(1) The risk of disease spreading among animals and poultry of Tuvalu and

infecting newly established commercial ventures is high.

(2) Powers are required to enable agricultural officers to regularly inspect all
animals and poultry to isolate outbreaks of disease and to order destruction of
diseased animals.

(3) This Act will enable these functions to be carried out and will authorize the
payment of compensation to the owners of animals destroyed by agricultural
officers.

3 Interpretation
In this Act unless the context otherwise requires —

Section 4 CAP. 44.25 Livestock Diseases Act





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“carcase” means the carcase of an animal or bird and includes part of a
carcase; and the meat, bones, hide, feathers, skins, hooves, claws, offal or
other part of livestock, separately or otherwise;

“disease” includes cattle plague, pnuemo-encephalitis, fowl cholera,
contagious bronchitis, infectious laryngetracheitis, bacillary white diarrhoea,
fowl typhoid, fowl pox and fowl paralysis and any other diseases which affect
animals and poultry, and including varraoa disease, acarini disease, European
brood disease, chalk brook disease, amoeba disease and other diseases which
affect bees;

“diseased” means infected with disease;

“inspector” means an officer authorized under section 6;

“litter” means straw or other substances commonly used for bedding or
otherwise about livestock;

“livestock” means animals and poultry, including cattle, goats, pigs, sheep,
domestic fowls, turkeys, geese, and ducks, and includes bees;

“suspected” means suspected of being diseased.

4 General Power of the Minister to make regulations
(1) The Minister may make such regulations as he thinks fit for the

implementation of this Act, including regulations:
(a) to prevent the spreading of disease; including placing restrictions on the

movement anywhere within Tuvalu of livestock whether suspected or
not and persons who have been in contact with diseased or suspected
livestock;

(b) for prescribing methods of disinfection;
(c) for prescribing the seizure, detention, and disposal of diseased or

suspected livestock, exposed, kept or otherwise dealt with in
contravention of an order of the Minister;

(d) for prescribing the destruction, burial, disposal or treatment of carcases
of livestock dying while diseased or suspected, and of the pen and any
litter of such livestock;

(e) for prohibiting the digging up of carcases which have been buried;
(f) for prescribing the disinfection of clothes of persons coming in contact

with diseased or suspected animals and the use of precautions against
spreading of disease by such persons; and

(g) for prescribing the payment of compensation, and the recovery
of expenses.

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5 General Power of Minister to expend money for the eradication of
diseases of livestock
The Minister may, with the approval of Cabinet, expend such sums as he thinks fit
with the object of eradicating as far as practicable diseases in livestock
within Tuvalu.

6 Power to obtain information
(1) The Minister may authorize any officer appointed as an inspector under

Section 4 of the Importation of Animals Act2 to be an inspector for the
purposes of this Act and to inspect livestock and to carry out duties assigned
to him.

(2) Any person so authorized may, for the purpose of any inspection to be carried
out by him, at all reasonable times enter on any land or premises and make
any tests and take any samples which he considers necessary.

(3) Any person who obstructs or impedes an inspector shall be guilty of
an offence.

PART II - SEPARATION AND TREATMENT OF DISEASED
LIVESTOCK

7 Separation of diseased livestock and notice of disease
Every person having in his possession or under his control any livestock affected by
a disease which appears abnormally infectious and has or is likely to spread to other
livestock shall —

(a) as far as possible keep that animal or bird separate from livestock not so
affected,

(b) with all practical speed give notice of any livestock being so affected to
an agricultural officer or to a police officer.

8 Treatment with serum or vaccine of livestock exposed to infection
For the purpose of preventing the spread of disease, the Minister may cause to be
treated with serum or vaccine, or with both serum and vaccine, any livestock which
has been in contact with diseased livestock, or which appears to the Minister to be or
to have been in any way exposed to the infection of disease.

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9 General provisions as to infected places and areas
(1) The Minister may make such orders as he thinks fit for declaring areas to be

infected by disease and the authority by which declared areas may be isolated
and measures taken to control, destroy and dispose of livestock within such an
area, and to disinfect and eradicate any disease.

(2) The Minister may, if he thinks fit, order any livestock to be destroyed and the
carcase disposed of in an approved manner.

(3) The Minister may pay compensation for livestock slaughtered under this
section at rates determined in accordance with scales prescribed by order of
the Minister.

10 Quarantine
Nothing in this Act shall affect the powers and duties of the Minister, Agricultural
Officer or inspector provided for in the Quarantine Act3, the Plants Act4 or the
Importation of Animals Act.5

11 Duties and authorities of Police Officers
(1) The Chief of Police shall ensure that all orders given by the Minister under

this Act are enforced.

(2) Where a person is seen or found committing, or is reasonably suspected of
being engaged in committing an offence against this Act, a police officer may
without warrant stop and detain him, and may search any vehicle, boat or
thing to which the offence or suspected offence relates, and require the same
to be immediately taken back to or into any place from where it was
unlawfully removed.

(3) Any person who obstructs or impedes or assists to obstruct or impede a police
officer in the execution of this Act or of an order of the Minister, commits an
offence and may be apprehended without warrant.

11A General Powers of Inspectors
(1) An inspector shall, for the purposes of this Act, have all the powers which a

police officer has under this Act.

(2) An inspector may at any time enter any land or shed to which this Act applies,
or other building, place, vehicle, boat or pen if he has reasonable grounds for
supposing therein:
(a) that a disease exists or has existed; or
(b) that the carcase of diseased or suspected livestock is or has been kept,

or has been buried, destroyed or otherwise disposed of; or

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(c) that this Act or an order of the Minister has not been or is not being
complied with.

(3) A certificate of a suitably qualified agricultural officer, veterinary officer or
medical officer that an animal is or was affected with a disease specified in
that certificate shall, for the purposes of this Act, be conclusive evidence in all
courts of the matter certified.

12 Offences against this Act
If any person without lawful authority or excuse, proof of which shall lie on him,
does any of the following things, he shall be guilty of an offence: —

(a) if he does anything in contravention of this Act, or of an Order of the
Minister; or

(b) if where required by this Act or by an order of the Minister to keep
livestock separate, or to give notice of disease with all practicable
speed, he fails to do so; or

(c) if he fails to give, produce, observe or do any notice or thing which by
this Act or by an order of the Minister he is required to give, produce,
observe or do; or

(d) if he refuses an inspector or police officer acting in execution of this
Act or an order of the Minister, admission to any land, building, place,
pen, vessel, or boat which that officer is entitled to enter or examine or
obstructs or impedes him in the execution of his duty, or assists in any
such obstructing or impeding; or

(e) if he throws or places or causes to be thrown or placed into any lagoon,
or open sea within three miles of shore, the carcase of any livestock
which has died of disease or been slaughtered as diseased or suspected.

13 Penalties for offences against this Act
(1) Any person convicted of an offence against this Act shall for every such

offence be liable to imprisonment for a period of 1 year or to a fine of $200.00
or to such imprisonment and fine.

(2) All offences under this Act or orders and regulations made thereunder, may be
tried summarily.





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ENDNOTES


1 1990 Revised Edition, Cap. 43A – Act 1 of 1985
2 Cap. 44.20
3 Cap. 28.44
4 Cap. 44.30
5 Cap. 44.20