Diseases of Animals Act, 1966
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —(1) This Act may be cited as the Diseases of Animals Act, 1966.
(2) This Act or any specified provision of this Act shall come into operation on such day or days as the Minister may by order appoint.
num: 2
paragraphs: —(1) In this Act, except where the context otherwise requires—
“aerodrome” means any area of land (including water) where facilities are afforded for landing and departure of aircraft;
num: 3
paragraphs: —(1) The Minister may make orders, subject and according to the provisions of this Act—
(a) generally, for the due execution of this Act or for the prevention of the spreading of disease;
(b) in particular, for the several purposes specified in this Act, including any matter which under this Act may be prescribed.
(2) The Minister may by order amend or revoke any order under this Act.
num: 4
paragraphs: —Every order made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
num: 5
paragraphs: —The Minister may grant licences for any of the purposes of this Act, attach conditions to any such licence, vary such conditions and revoke any such licence.
num: 6
paragraphs: —No stamp duty shall be payable, on, and, save as otherwise prescribed, no fee or other charge shall be demanded or made for, any appointment, certificate, declaration, licence or thing under this Act, or for any inspection or other act precedent to the granting, making, or doing of a certificate, declaration, licence, or other thing.
num: 7
paragraphs: —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
num: 8
paragraphs: —Moneys received by the Minister under this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.
num: 9
paragraphs: —(1) Each of the enactments set out in the Third Schedule is, subject to subsection (2), hereby repealed to the extent specified in the third column of that Schedule.
(2) Until such time as this Act or any particular provision of this Act comes into operation, the corresponding provisions of the repealed enactments shall remain in force.
(3) Every instrument made or thing done under any repealed enactment shall continue to have effect and, so far as it could have been made or done under this Act, shall have effect as if made or done under the corresponding provision of this Act.
(4) Any document referring to any repealed enactment shall be construed as referring to this Act or the corresponding provision of this Act.
num: 10
paragraphs: —Every order and regulation made under a repealed enactment and in force immediately before the commencement of this Act shall continue in force and may be amended or revoked as if made under this Act.
num: 11
paragraphs: —(1) Subject to subsection (2), this Act shall apply to the animals, poultry and diseases specified in the First Schedule.
num: 12
paragraphs: —(1) The Minister may prescribe that notice be given of the existence or suspected existence of any particular disease or illness of animals or poultry, the persons by whom the notice is to be given, and the authority to whom and the manner in which it is to be given.
(2) An order made for the purposes of this section may provide for the payment by the Minister or a local authority of a fee to a veterinary surgeon in respect of each notification of disease by him and may, with the consent of the Minister for Finance, specify the amount of such fee.
num: 13
paragraphs: —The Minister may, for the purpose of the prevention or checking or eradication of disease, make orders for all or any of the purposes set out in the Second Schedule.
Infected Places and Areas
num: 14
paragraphs: —(1) The Minister may prescribe—
(a) the cases in which places and areas are to be declared to be infected with a disease;
(b) the authority, mode and conditions by and on which declarations in that behalf are to be made;
(c) the effect and consequences of such declarations;
(d) the duration and discontinuance of such declarations; and
(e) other matters connected with the making of such declarations.
(2) The Minister may by order alter the limits of a place or area declared to be infected by disease.
(3) Every place or area so declared infected shall be an infected place or area for the purposes of this Act.
(4) Where an order is made declaring a place or area to be no longer an infected place or area then from the time specified in the order the place or area shall cease to be, or be in, an infected place or area.
(5) An order or notice of the following description—
(a) an order of the Minister or of a local authority declaring a place to be an infected place or area, or declaring a place or area to be no longer an infected place or area; or
(b) a notice served in pursuance of directions of the Minister or of a local authority by virtue of an order made under this section,
shall be conclusive evidence to all intents of the existence or cessation of the disease and of any other matter whereon the order or notice proceeds.
num: 15
paragraphs: —The Minister may make orders—
(a) prescribing and regulating the publication, in relation to a place or area declared infected, of the fact of such declaration;
(b) prohibiting or regulating the movement of animals and poultry and persons into, within, or out of an infected place or area;
(c) prescribing and regulating the isolation or separation of animals and poultry being in an infected place or area;
(d) prohibiting or regulating the removal of carcases, eggs, fodder, litter, utensils, pens, hurdles, dung, or other things into, within, or out of an infected place or area;
(e) prescribing and regulating the destruction, burial, disposal, or treatment of carcases, eggs, fodder, litter, utensils, pens, hurdles, dung, or other things, being in an infected place or area, or removed thereout;
(f) prescribing and regulating the cleansing and disinfection of infected places and areas, or parts thereof, and of receptacles or vehicles used for the confinement or conveyance of animals or poultry;
(g) prescribing and regulating the disinfection of the clothes of persons being in an infected place, and the use of precautions against the spreading of disease by such persons.
num: 16
paragraphs: —A person owning or having charge of animals, poultry or eggs in an infected place or area may affix, at or near the entrance to a building, enclosure or farm in which the animals, or poultry or eggs are, a notice forbidding persons to enter thereon without the permission mentioned in the notice, and thereupon it shall not be lawful for any person, not having by law a right of entry or way into, on or over that building, enclosure or farm, to enter or go into, on, or over it without that permission.
Slaughter
num: 17
paragraphs: —(1) The Minister may cause to be slaughtered—
(a) any animals or poultry affected with any Class A disease or suspected of being so affected, and
(b) any animals or poultry which are or have been in the same field, shed or other place, or in the same herd or flock or otherwise in contact with animals or birds so affected or suspected of being so affected, or which appear to the Minister to have been in any way exposed to the infection concerned.
(2) The Minister shall, subject to section 58, pay compensation for animals and poultry (other than a dog or a cat affected or suspected of being affected with rabies) which have been slaughtered under this section or which have been directed to be slaughtered but die before they can be slaughtered and also for carcases and eggs (other than eggs of pigeons, doves, peafowl, swans or birds of the species psittaciformes) which, consequent upon an outbreak or suspected outbreak of disease, have been destroyed on behalf of the Minister.
(3) The Minister may reserve for observation, treatment or testing, an animal or bird liable to be slaughtered under this Act at the direction of the Minister but subject to payment of compensation by the Minister as in the case of actual slaughter.
num: 18
paragraphs: —(1) Where an animal or bird has been slaughtered under this Act at the direction of the Minister, the carcase of the animal or bird shall belong to the Minister and shall be buried or sold or otherwise disposed of at the direction of the Minister, as the condition of the animal or bird or carcase and other circumstances may require or admit.
(2) If, in any case, the sum received by the Minister on sale of a carcase under this section exceeds the amount paid for compensation to the owner of the animal or bird slaughtered, the Minister shall pay that excess to the owner, after deducting reasonable expenses.
(3) If the owner of an animal or bird slaughtered under this Act at the direction of the Minister or a local authority, has an insurance on the animal or bird, the amount of compensation awarded to him under this Act or any order made thereunder may be deducted by the insurers from the amount of the money payable under the insurance before they make any payment in respect thereof.
(4) Where an animal or bird has been slaughtered under this Act at the direction of the Minister, the Minister may use for the burial of the carcase any ground in the possession or occupation of the owner of the animal or bird suitable for the purpose, or any common or unenclosed land.
(5) Where an inspector, after making such inquiries as he considers necessary, is satisfied that no such ground as mentioned in subsection (4) is available for the burial of the carcases of slaughtered animals or poultry, the Minister may use for the reception and slaughter of the animals or poultry and the burial of their carcases any convenient ground suitable for the purpose.
(6) (a) Where the owner or occupier of any such ground claims to have suffered loss by reason of such user, he may, within two months after such user, apply in writing to the Minister for compensation.
(b) Where an application for compensation under this subsection is duly made, the application shall be determined in accordance with such order as may be made by the Minister in that regard.
(c) In the event of the applicant disputing any such determination the dispute shall be settled by arbitration.
Clearance, Attested and Disease-Free Areas
num: 19
paragraphs: —The Minister may, where it appears to him to be necessary for the purpose of the eradication of any Class B disease, make in relation to such disease orders—
(a) declaring an area (in this Act referred to as a clearance area) to be an area in which the disease is to be eradicated;
(b) declaring an area as to which the Minister is satisfied that the disease is virtually nonexistent, to be an attested or disease-free area;
(c) prescribing the conditions under which animals or poultry may be exported, and designating ports or aerodromes, or parts of ports or aerodromes, or routes for such export.
num: 20
paragraphs: —The Minister may make, in relation to any clearance area or attested or disease-free area, orders—
(a) as to animals or poultry affected or suspected of being affected or capable of affecting animals or poultry with the relevant disease—
(i) authorising the taking of possession, by agreement, of the animals or poultry on behalf of the Minister;
(ii) in default of agreement, securing and regulating the removal out of the area or slaughter of the animals or poultry;
(iii) securing and regulating the isolation and maintenance of the animals or poultry pending their being taken possession of on behalf of the Minister or removed out of the area or slaughtered;
(b) securing and regulating the isolation and testing from time to time of animals or poultry brought on to land or premises;
(c) the prohibition or restriction of the movement of animals and poultry into, out of, through or within the area;
(d) securing and regulating the keeping of records in relation to animals or poultry and the production and inspection of the records;
(e) specifying forms of notices to be served under orders made by virtue of this section;
(f) providing, in cases in which there has been failure to comply with the requirements of any such notice, for—
(i) in case the notice requires removal out of the area or slaughter of animals or poultry—the taking of possession of the animals or poultry, their disposal as the Minister thinks fit and the recovery (without prejudice to any penalty that may have been incurred) of the cost of taking possession of the animals or poultry and of thereafter maintaining them and disposing of them;
(ii) in any other case—the carrying out of the requirements of the notice by or on behalf of the Minister and the recovery (without prejudice to any penalty which may have been incurred) of the cost of carrying out the requirements;
(g) determining, in the case of holdings situate partly within and partly outside any clearance, attested or disease-free area, or situate wholly or partly within two or more such areas, the area to which such holdings belong;
(h) authorising entry on land or premises for the purposes of any such order;
(i) for purposes ancillary or incidental to any of the foregoing purposes.
num: 21
paragraphs: — Section 7 (1) of the Animal Remedies Act, 1956 , shall, notwithstanding subsection (2) of that section, apply to any animal remedy specified in any order of the Minister in relation to any specified Class B disease.
num: 22
paragraphs: —The Minister shall, subject to section 58, pay compensation for animals and poultry taken possession of on his behalf pursuant to an order under section 20.
num: 23
paragraphs: —(1) The Minister may, in relation to any Class B disease, give public notice in such manner as he considers suitable of his intention to make an order under which a specified area will be a clearance area.
(2) Where notice is given under this section in relation to an area, the Minister, with the consent of the Minister for Finance, may pay compensation for animals or poultry in that area which, having failed to pass a test for the disease approved by the Minister, are slaughtered by arrangement between the Minister and the owner of the animals or poultry.
num: 24
paragraphs: —(1) The Minister may for any Class B disease set up and maintain a register of herds or flocks of any particular species of animals or poultry.
(2) Herds or flocks registered in a register shall be known as attested or disease-free herds or flocks or by such other description as the Minister may prescribe.
(3) A person shall not—
(a) hold out a herd or flock as being an attested or disease-free herd or flock or as coming within a prescribed description unless it is either entered in the appropriate register or is a disease-free herd or flock situate in an attested or disease-free area, or
(b) hold out any animal or bird as being of an attested or disease-free herd or flock or as coming within a prescribed description unless it is either of a herd or flock entered in the appropriate register or is of a disease-free herd or flock situated in an attested or disease-free area.
(4) A person who contravenes the provisions of subsection (3) shall be guilty of an offence.
(5) The Minister may make orders in relation to a register, including in particular provision for—
(a) the title of the register,
(b) application for registration,
(c) qualifications and conditions for registration,
(d) requirements to be complied with for retention of registration,
(e) cancellation of registration,
(f) custody of the register and evidence of the contents thereof.
Testing, Marking, Etc.
num: 25
paragraphs: —(1) For the purpose of the eradication of a Class B disease, an authorised person, on production, if requested, of his authorisation, may at all reasonable times—
(a) in relation to any animals or poultry, make such examinations, apply such tests, take such samples, use such vaccine or serum and apply such marks as may be reasonably necessary, or as may be required or prescribed by this Act or by the Minister;
(b) enter on any land or premises for the purpose of such examining, testing, sampling or marking;
(c) require any person, being the owner or in charge of animals or poultry or the owner or occupier of or employed on lands or premises so entered, to give such assistance or to carry out such instructions as may be reasonably necessary for the purpose of such examining, testing, sampling or marking or to give such information as may be reasonably necessary in connection with the furtherance of eradication of the disease or for the administration of any order under this Act.
(2) In this section—
“authorised person” means—
(a) an inspector of the Minister, or
(b) a veterinary surgeon other than an inspector of the Minister,
authorised by the Minister in writing to exercise the powers conferred by this section.
(3) An officer of the Minister who is not an inspector shall have such of the powers of an authorised person under this section as he may be authorised in writing by the Minister to exercise.
Movement and Transit
num: 26
paragraphs: —The Minister may make orders—
(a) prohibiting or regulating the sending or carrying of diseased or suspected animals or poultry, or of dung or other thing likely to spread disease, or causing them to be sent or carried, on railways, canals, rivers or inland navigations, or on highways or thoroughfares, or in vessels, aircraft or otherwise;
(b) prohibiting or regulating the leading or driving of diseased or suspected animals or poultry, or the causing of them to be led or driven on highways or thoroughfares or elsewhere;
(c) prohibiting or regulating the placing or keeping of diseased or suspected animals or poultry on common or unenclosed land or in fields or other places insufficiently fenced, or on the sides of highways;
(d) prohibiting or regulating the exposure of diseased or suspected animals or poultry in markets or fairs or saleyards, or other public or private places where animals or poultry are commonly exposed for sale;
(e) making provision for animals and poultry affected or suspected of being affected with disease—
(i) while exposed for sale or exhibited in a market, fair, sale-yard, place of exhibition or other place, or
(ii) while placed in a lair or other place before exposure for sale, or
(iii) while in transit or in course of being moved by land or by water, or
(iv) while being in common or unenclosed land, or
(v) while being in a slaughter-house or place where animals or poultry are slaughtered or are kept with a view to slaughter, or
(vi) generally, while being in a place not in the possession or occupation or under the control of the owner of the animals or poultry;
(f) making provision for the consequences under this Act of animals or poultry being found in the places and in the circumstances mentioned in this section, both in relation to the places in which the animals or poultry are so found and to any other animals or poultry that may be or may have been in any of the said places and with which they were or may have been in contact.
num: 27
paragraphs: —The Minister may make orders—
(a) prohibiting, regulating or restricting the movement save under licence of animals or poultry and the removal of carcases, fodder, litter, dung, eggs and other things, for prohibiting and regulating the user of eggs and for prescribing and regulating the isolation of animals or poultry newly purchased or imported;
(b) prescribing and regulating the issue and production of licences in regard to the movement and removal of animals, poultry, eggs and things;
(c) prohibiting or regulating the holding of markets, fairs, exhibitions and sales of animals or poultry and the exposure of animals and poultry thereat;
(d) prescribing and regulating the cleansing and disinfection of places used for the holding of markets, fairs, exhibitions or sales of animals or poultry or for lairage of animals, and yards, sheds, stables, and other places used for animals or poultry;
(e) prescribing and regulating the cleansing and disinfection of vessels, aircraft, vehicles, places, pens and fittings, used for animals or poultry or for the carrying of animals or poultry or purposes connected therewith;
(f) prescribing and regulating the records to be kept of purchases and sales of animals and poultry, the manner in which such records are to be kept and the circumstances under which, and the authority or person to whom, the contents of such records are to be made known.
Transport of animals and poultry.
num: 28
paragraphs: —For the purpose of preventing the spread of disease or of preventing injury or suffering to animals and poultry the Minister may make orders—
(a) regulating generally the transport of animals and poultry and the conditions under which animals and poultry are to be kept and handled at fairs, markets, marts, lairs, railway stations and other places where animals or poultry are assembled prior to transport, shipment, exhibition or slaughter;
(b) requiring and regulating the provision of food and water at railway stations, fairs, markets, marts, lairs and places where animals or poultry are assembled awaiting transit, shipment, exhibition or slaughter;
(c) prescribing the period during which food or water must be supplied to animals or poultry in transit or awaiting transit, shipment, exhibition or slaughter and the persons who shall supply such food or water;
(d) prescribing the construction, dimensions and fitting of vehicles and aircraft used for the conveyance of animals or poultry and the construction, dimensions and fittings of premises and places where animals or poultry are sold or assembled while awaiting transit, shipment or slaughter;
(e) prohibiting, absolutely or conditionally, the use, for the carrying of animals or poultry, or for any purpose connected therewith, of a vessel, vehicle, aircraft, pen or lair or other place in respect whereof, or of the use whereof, a penalty has been imposed on any person for an offence under this Act;
(f) requiring and regulating the furnishing of information as to animals and poultry which die or are injured in transit or at places where animals are bought and sold or assembled awaiting transport, shipment, exhibition or slaughter.
num: 29
paragraphs: —The Minister may make orders—
(a) for protecting animals and poultry carried by sea or air from unnecessary suffering during the passage and on landing;
(b) for ensuring for animals and poultry carried by sea or air a proper supply of food and water and proper ventilation during the passage and on landing;
(c) prescribing and regulating the construction and fittings of the parts of vessels or aircraft used for the carriage of animals or poultry;
(d) prohibiting the conveyance of animals or poultry by any specified vessel or aircraft for such time as the Minister may consider expedient:
(e) prescribing and regulating the notice to be given of proposed exports of animals or poultry;
(f) prescribing and regulating the conditions in regard to detention, resting and inspection of animals and poultry prior to export;
(g) prohibiting, except under licence, the export of animals or poultry.
Importation
num: 30
paragraphs: —(1) The Minister may make orders—
(a) prohibiting, except under licence, or regulating the importation or landing or bringing into a port or aerodrome in the State of animals or poultry or of any specified kind of animal or poultry or of carcases, eggs, animal or poultry products (including products made from or containing animal or poultry products, carcases or eggs), fodder, litter, dung, or other thing, either generally or from any specified country or part of any such country;
(b) requiring and regulating the disinfection of persons entering the State, of their clothing and baggage and the giving of such information concerning their occupation and previous movements as the Minister may reasonably require.
(2) Whenever any animals, poultry, eggs or other articles of whatsoever kind are imported or landed or brought into a port or aerodrome in the State in contravention of an order under this Act, an officer of Customs and Excise or an inspector may require any person (being the importer or the carrier concerned) to export such animals, poultry, eggs or other articles within a specified time, and if such person fails to comply with such requisition he shall be guilty of an offence and the animals and poultry shall be slaughtered and the articles destroyed unless the Minister otherwise directs.
num: 31
paragraphs: —Notwithstanding anything in this Act the Minister may by order permit the landing of imported animals, poultry or eggs for immediate conveyance in such manner and subject to such precautions as he may prescribe to premises or accommodation approved by him for quarantine purposes and to be called a quarantine station.
num: 32
paragraphs: —No order or regulation made or thing done in accordance with the provisions of this Act shall absolve the importer, exporter or other person concerned with the import, landing or export of any animal, bird, eggs or other thing from complying with the relevant requirements of the Customs Acts in regard to the animal, bird, eggs or other thing concerned.
num: 33
paragraphs: —The Minister may make orders in relation to imported animals, poultry, eggs, carcases, fodder, litter, dung or other things—
(a) prescribing and regulating the movement of imported animals, poultry, eggs, carcases, fodder, litter, dung or other things;
(b) prescribing and regulating the detention and isolation of animals, poultry and things on particular premises or parts of such premises;
(c) prescribing and regulating the slaughter and disposal of animals and poultry illegally imported;
(d) prescribing that eggs, carcases, fodder, litter, dung and other things imported under licence may be destroyed or otherwise disposed of as the Minister may direct;
(e) prescribing for any imported animal or bird any test for disease or treatment for disease;
(f) prescribing for the supervision and control of animals, poultry or eggs whether in, or in the course of conveyance to, a quarantine station and for their movement or the prohibition of their movement either into or out of such station;
(g) prescribing for the slaughter of animals and poultry and the destruction of eggs in a quarantine station in the event of disease, for the payment of compensation and the determination of ownership of the carcases of animals and poultry so slaughtered.
num: 34
paragraphs: —The Minister may make orders—
(a) prescribing—
(i) the ports, aerodromes and landing places at which alone imported animals and poultry may be landed;
(ii) the aerodromes which alone may be used by aircraft carrying imported animals;
(b) defining the limits of landing places for the purposes of this Act, and
(c) defining parts of ports or aerodromes.
Sheep Scab
num: 35
paragraphs: —(1) The Minister may make orders—
(a) prescribing, regulating and securing the periodical treatment of all sheep by effective dipping or by the use of some other remedy for sheep scab;
(b) prescribing and regulating the mode of such treatment;
(c) providing that only such dips or other remedies as are approved by the Minister may be used for the purpose of this section.
(2) An inspector of the Minister and, if so authorised by order of the Minister, an inspector of a local authority, may subject to the directions of the authority appointing the inspector, and for the purposes of any order under subsection (1), enter any premises and examine any sheep thereon.
(3) The owner and the person in charge of any sheep shall comply with all reasonable requirements of the inspector as to the collection and penning of the sheep and afford all other reasonable facilities for the examination of the sheep by the inspector.
(4) A local authority may provide, fit up and maintain portable dipping tanks or, with the sanction of the Minister, dipping places, and afford the use thereof, and of all necessary appliances and materials in connection therewith, to the public upon such terms and conditions as the local authority may think fit, and any sums received by a local authority for such use shall be applied by them towards the discharge of their expenses under this Act.
(5) No dipping place shall be used for the purposes of this section if such use would injuriously affect the water in any stream, reservoir, aquaduct, well, pond or other place constructed or used for the supply of water for drinking or other domestic purposes.
num: 36
paragraphs: —Each local authority shall execute and enforce this Act and every order of the Minister so far as they are to be executed and enforced by local authorities.
num: 37
paragraphs: —(1) Where a local authority fails to execute or enforce any of the provisions of this Act or of an order of the Minister the Minister may by order empower a person therein named to execute and enforce those provisions or to procure the execution and enforcement thereof.
(2) The expenses incurred under any such order or in respect of any such default by or on behalf of the Minister shall be expenses of the local authority, and the accountant or other proper officer of the local authority shall pay the amount of such expenses to the Minister on demand, and in default of payment a person appointed by the Minister to sue in that behalf may recover the amount of such expenses from the local authority.
(3) For the purposes of this section an order of the Minister shall be conclusive in respect of any default, amount of expenses, or other matter therein stated or appearing.
(4) The provisions of this section are without prejudice to the right or power of the Minister, or any other authority or any person, to take any other proceedings for requiring a local authority to execute or enforce any of the provisions of this Act or of an order thereunder.
num: 38
paragraphs: —The Minister may make such orders as he thinks fit directing or authorising a local authority to make regulations for any of the purposes of this Act or of an order thereunder.
num: 39
paragraphs: —(1) The Minister may make orders directing or authorising, in case of the existence or suspected existence of any disease and under such conditions as he may prescribe, the slaughter of animals and poultry and the destruction of carcases and eggs or other things by local authorities, either generally or in particular instances, and for the payment of compensation, in all or any of such cases, by local authorities.
(2) The Minister may by such orders direct or authorise the slaughter both of animals and poultry actually affected with disease and also of animals or poultry suspected of disease or being or having been in the same field, shed or other place or in the same herd or flock or otherwise in contact with animals affected with disease or being or having been otherwise exposed to the infection thereof.
num: 40
paragraphs: —(1) A regulation of a local authority may be proved—
(a) by the production of a newspaper purporting to contain the regulation as an advertisement, or
(b) by the production of a copy of the regulation purporting to be certified by the secretary of the local authority as a true copy.
(2) A regulation so proved shall be taken to have been duly made, unless and until the contrary is proved.
num: 41
paragraphs: —(1) A local authority shall at its own expense publish every order of the Minister and every licence or other instrument sent to it by the Minister for publication, in such manner as the Minister directs, and subject to and in the absence of any direction, by advertisement in a newspaper circulating in the district of the local authority.
(2) The validity or effect of an order of the Minister or licence or other instrument issued by the Minister shall not be affected by want of or defect or irregularity in any publication thereof.
num: 42
paragraphs: —(1) An inspector shall have, for the purposes of this Act, all the powers which a member of the Garda SÃ­ochÃ¡na has under this Act in the place where the inspector is acting.
(2) The inspector may at any time enter any land, building, shed, pen or place wherein he has reasonable grounds for supposing—
(a) that disease exists or has within fifty-six days existed, or
(b) that the carcase of a diseased or suspected animal or bird is or has been kept, or has been buried, destroyed, or otherwise disposed of, or
(c) that there is to be found any animal, bird, pen, place, vehicle, or thing in respect whereof any person has on any occasion failed to comply with the provisions of this Act or of an order of the Minister or of a regulation of a local authority, or
(d) that this Act or an order of the Minister or a regulation of a local authority has not been or is not being complied with.
(3) An inspector may at any time enter any pen, vehicle, vessel, boat or aircraft in which or in respect whereof he has reasonable grounds for supposing that this Act or an order of the Minister or a regulation of a local authority has not been or is not being complied with.
(4) An inspector may examine any animals or poultry on or in any land, building, place, pen, vehicle, vessel, boat or aircraft entered by him under this section; and the owners of any such animals or poultry shall comply with all reasonable requirements of the inspector and afford all other reasonable facilities for the purpose of such examination.
(5) An inspector, entering as authorised by this section, shall, if required by the owner or occupier or person in charge of the land, building, place, pen, vehicle, vessel, boat, or aircraft state in writing his reasons for entering and produce his appointment.
(6) A certificate of an inspector or other authorised person to the effect that an animal or bird is or was affected with a disease specified in the certificate shall, for the purposes of this Act, be conclusive evidence of the matter certified.
(7) An inspector of the Minister shall have all the powers of an inspector throughout the State or that part thereof for which he may have been specially appointed.
(8) Notwithstanding the foregoing provisions of this section the Minister may by order, either generally or in relation to particular animals and poultry or particular diseases, restrict the powers of inspectors of a local authority under this Act.
num: 43
paragraphs: —(1) Where an inspector of the Minister is satisfied that this Act or an order of the Minister or regulation of a local authority has not been or is not being complied with on board a vessel in a port or an aircraft in an aerodrome then, on the representation in writing to that effect of the inspector, stating particulars of non-compliance, the vessel or aircraft may be detained until the Minister otherwise directs.
(2) The officer detaining the vessel or aircraft shall forthwith deliver to the master of the vessel, the pilot in command of the aircraft or other person in charge of the vessel or aircraft and the proper officer of Customs and Excise a copy of the representation.
(3) Section 692 of the Merchant Shipping Act, 1894 , and sections 64 and 65 of the Air Navigation and Transport Act, 1936 , shall, as appropriate, apply in the case of such detention as if it were authorised or ordered under those Acts.
num: 44
paragraphs: —(1) Where a carcase washed ashore is buried or destroyed under the direction of a receiver of wreck with authority from the Minister for Transport and Power, the expenses thereof shall be expenses of the local authority and shall be paid by the local authority to the receiver on demand, and in default of payment shall be recoverable with costs by the receiver from the local authority.
(2) Where a local authority has incurred any expenses under this section on account of the burial or destruction of the carcase of any animal which, or the carcase of which, was thrown or washed from any vessel, the owner of the vessel shall be liable to repay such expenses to the local authority; and the local authority may recover such expenses with costs in the same manner as salvage is recoverable.
num: 45
paragraphs: —The Minister may, for the purpose of the execution of this Act, employ such additional inspectors, valuers and other persons and at such remuneration, and may incur such expenses as, subject to the approval of the Minister for Finance, the Minister thinks necessary.
num: 46
paragraphs: —(1) The Garda SÃ­ochÃ¡na shall execute and enforce this Act, every order of the Minister and every regulation of a local authority.
(2) Where a person is seen or found committing, or is reasonably suspected of being engaged in committing, an offence under this Act, a member of the Garda SÃ­ochÃ¡na may without warrant stop and detain him; and, if his name and address are not known to that member, and that person fails to give them to the satisfaction of the member, the member may without warrant arrest him; and the member may, whether so stopping or detaining or apprehending the person or not, stop, detain, and examine any animal, vehicle, boat, or thing to which the offence or suspected offence relates, and require it to be forthwith taken back to or into any place or district from which it was unlawfully removed, and execute and enforce that requisition.
(3) If any person obstructs or impedes or assists to obstruct or impede a member of the Garda SÃ­ochÃ¡na in the execution of this Act or an order of the Minister or a regulation of a local authority, the member may without warrant arrest the offender.
num: 47
paragraphs: —An offence under this Act may be prosecuted by the Minister.
num: 48
paragraphs: —(1) If a 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 of a regulation of a local authority; or
(b) if, where required by this Act or by an order or regulation made thereunder to keep an animal or bird separate as far as practicable, 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, licence, rule, or thing which by this Act, or by an order of the Minister, or by a regulation of a local authority, or by an authorised person he is required to give, produce, observe, or do; or
(d) if he does anything which by this Act or an order of the Minister is made or declared to be not lawful; or
(e) if he does or omits anything, the doing or omission of which is declared by this Act or by an order of the Minister to be an offence; or
(f) if he refuses to an inspector or other officer or authorised person acting in execution of this Act, or of an order of the Minister, or of a regulation of a local authority, admission to any land, building, place, vessel, pen, vehicle, boat or aircraft which the inspector or officer is entitled to enter or examine, or obstructs or impedes him in so entering or examining, or otherwise in any respect obstructs or impedes an inspector or a member of the Garda SÃ­ochÃ¡na in the execution of his duty, or assists in any such obstruction or impeding; or
(g) if he throws or places, or causes or suffers to be thrown or placed, into or in any river, stream, canal navigation, or other water, or into or in the sea within three miles of the shore, the carcase of an animal or bird which has died of disease, or been slaughtered as diseased or suspected; or
(h) if when duly required to do so under this Act or any order made thereunder he refuses or fails to give information within his knowledge or wilfully or negligently gives false or misleading information.
(2) A person who is guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding £100.
(3) A person who has been convicted of an offence under any paragraph of subsection (1) shall, if within twelve months after such conviction he commits a further offence under the same paragraph, be liable on summary conviction, at the discretion of the court, to imprisonment for a term not exceeding one month in lieu of the fine to which he is liable under subsection (2).
num: 49
paragraphs: —(1) If a person does any of the following things, he shall be guilty of an offence—
(a) if, with intent to evade this Act or an order of the Minister or a regulation of a local authority, he does anything for which a licence is requisite under this Act or an order of the Minister or a regulation of a local authority, without having obtained a licence; or
(b) if, where a licence is requisite, having obtained a licence, he, with the like intent, does the thing licensed after the licence has expired; or
(c) if he uses or offers or attempts to use as such a licence an instrument not being a complete licence, or an instrument untruly purporting or appearing to be a licence, unless he shows to the satisfaction of the court that he did not know of that incompleteness or untruth and that he could not with reasonable diligence have obtained knowledge thereof; or
(d) if he alters or falsely makes or antedates or counterfeits or offers or utters, knowing it to be altered, or falsely made or ante-dated or counterfeited, a licence, declaration, certificate, or instrument made or issued, or purporting to be made or issued, under or for any purpose of this Act or of an order of the Minister or a regulation of a local authority; or
(e) if, for the purpose of obtaining a licence, certificate or instrument, he makes a declaration or statement false in any material particular, unless he shows to the satisfaction of the court; that he did not know of that falsity and that he could not with reasonable diligence have obtained knowledge thereof; or
(f) if he obtains or endeavours to obtain such a licence, certificate or instrument by means of a false pretence, unless he shows to the satisfaction of the court that he did not know of that falsity, and that he could not with reasonable diligence have obtained knowledge thereof; or
(g) if he grants or issues such a licence, certificate or instrument, being false in any date or other material particular, unless he shows to the satisfaction of the court that he did not know of that falsity, and that he could not with reasonable diligence have obtained knowledge thereof, or if he grants or issues such a licence, certificate or instrument, having and knowing that he has no lawful authority to grant or issue it; or
(h) if, with intent to evade or defeat this Act or an order of the Minister, or a regulation of a local authority, he grants or issues an instrument being in form a licence, certificate or instrument made or issued under this Act or an order of the Minister or a regulation of a local authority, for permitting or regulating the movement of a particular animal or bird or the doing of any other particular thing, but being issued in blank, that is to say, not being before the issue thereof so filled up as to specify any particular animal or thing; or
(i) if he uses or offers or attempts to use for any purpose of this Act or of an order of the Minister or of a regulation of a local authority, an instrument so issued in blank, unless he shows to the satisfaction of the court that he did not know of it having been so issued in blank, and that he could not with reasonable diligence have obtained knowledge thereof; or
(j) if he by means of any fraud or false pretence obtains or attempts to obtain, compensation from the Minister in respect of an animal or bird slaughtered or of a carcase or eggs destroyed, or aids or abets any person in any such fraud or false pretence; or
(k) if, without lawful authority or excuse, proof whereof shall lie on him, he digs up, or causes to be dug up, a carcase buried under the direction of the Minister or of a local authority or of a receiver of wreck; or
(l) if, where the Minister has by order prohibited, absolutely or conditionally, the use for the carrying of animals or birds or for any purpose connected therewith of a vessel, vehicle, aircraft or pen or other place, he without lawful authority or excuse, proof whereof shall lie on him, does anything so prohibited.
(2) A person who is guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding £100 or, at the discretion of the court, to imprisonment for a term not exceeding two months.
num: 50
paragraphs: —A person aggrieved by an order made by the District Court on determining a complaint under this Act may appeal therefrom to the judge of the Circuit Court within whose circuit is situate the courthouse in which the decision of the District Court was given, and the decision of the judge on such appeal shall be final.
num: 51
paragraphs: —(1) If any person lands or ships or attempts to land or ship an animal, bird or thing in contravention of this Act or of an order of the Minister, he shall be liable, under and according to the Customs Acts, to the penalties imposed on persons importing or exporting or attempting to import or export goods the importation or exportation of which is prohibited by or under the Customs Acts, without prejudice to any proceeding against him for an offence under this Act.
(2) The animal, bird or thing in respect of which the offence is committed shall be forfeited under and according to the Customs Acts in like manner as goods the importation of which is prohibited by or under the Customs Acts.
num: 52
paragraphs: —(1) Where the owner or person in charge of an animal or bird is charged with an offence under this Act in relation to disease or to any illness of the animal or bird, he shall be presumed to have known of the existence of the disease or illness, unless he shows to the satisfaction of the court that he had not, and could not with reasonable diligence have obtained, such knowledge.
(2) Where a person is charged with an offence under this Act in not having duly cleansed or disinfected any place, vessel, vehicle, aircraft or thing belonging to him or under his charge, and a presumption against him on the part of the prosecution is raised, it shall lie on him to prove the due cleansing and disinfection thereof.
(3) Every offence under this Act shall be deemed to have been committed, and every cause of complaint or matter for proceeding under this Act or an order of the Minister or a regulation of a local authority shall be deemed to have arisen, either in any place where it actually was committed or arose, or in any place where the person charged or complained of or proceeded against happens to be at the time of the institution or commencement of the charge, complaint or proceeding.
num: 53
paragraphs: —(1) In any proceeding under this Act, no proof shall be required of the appointment or handwriting of an inspector or other officer of the Minister or of the secretary or an inspector or other officer of a local authority.
(2) Every notice under this Act or under any order or regulation made under this Act must be in writing.
(3) The Minister may make orders prescribing and regulating the form and mode of service or delivery of notices and other instruments.
(4) Any notice or other instrument under this Act or under an order of the Minister or a regulation of a local authority may be served on the person to be affected thereby, either by delivering it to him personally, or by leaving it for him at his last known place of abode or business, or by sending it through the post in a prepaid envelope addressed to him there.
(5) A notice or other instrument to be served on the occupier of any building, land, or place may, except when sent by post, be addressed to him by the designation of the occupier of that building, land, or place, without naming or further describing him; and where it is to be served on the several occupiers of several buildings, lands, or places, may, except when sent by post, be addressed to them collectively by the designation of the occupiers of those several buildings, lands or places, without further naming or describing them but separate copies thereof being served on them severally.
num: 54
paragraphs: —(1) On and after such day as the Minister may by order appoint, no person shall sell, offer or expose for sale or export or expose for export any horned cattle.
(2) The Minister may by order exempt from the application of subsection (1) any specified class or type of cattle.
num: 55
paragraphs: — Sections 7 and 8 of the Clean Wool Act, 1947 , (which prohibit the manufacture of, and dealings in, certain sheep dips) shall not apply to dips approved by the Minister under statutory authority.
num: 56
paragraphs: —The Minister may make orders—
(a) prescribing and regulating the muzzling of dogs, and the keeping of dogs under control;
(b) prescribing and regulating the wearing by dogs of a collar or harness with the name and address of the owner inscribed thereon or on a plate or badge attached thereto;
(c) with a view to the prevention of worrying of animals, for preventing dogs, or any kind of dogs, from straying during all or any of the hours between sunset and sunrise;
(d) providing that any dog in respect of which an offence is being committed against provisions made under paragraph (b) or (c), may be seized and treated as a stray dog under the enactments relating to dogs;
(e) prescribing and regulating the seizure, detention and disposal (including slaughter) of stray dogs and of dogs not muzzled, and of dogs not being kept under control, and the recovery from the owners of dogs of the expenses incurred in respect of their detention.
num: 57
paragraphs: —(1) The Minister may make regulations under the Dairy Produce Act, 1924 , requiring that all or any premises registered in the register of creameries or all or any premises registered in the register of cream separating stations shall be equipped with plant for pasteurising separated milk, and may by such regulations prescribe the mode and manner in all respects of pasteurising separated milk required by those regulations to be pasteurised on require the retention of such records for inspection and their being made available for inspection.
(2) Where regulations have been made under subsection (1) in respect of premises registered in the register of creameries, all separated milk required by those regulations to be pasteurised on those premises shall be pasteurised in accordance with such regulations.
(3) Where regulations have been made under subsection (1) in respect of premises registered in the register of cream separating stations, all separated milk required by those regulations to be pasteurised on those premises shall be pasteurised in accordance with such regulations.
(4) In this section “separated milk” means that part of milk remaining after removal therefrom of the fat, or most of the fat.
(5) This section shall be construed as one with the Dairy Produce Act, 1924 .
(6) This section is in substitution for section 4 of the Diseases of Animals (Bovine Tuberculosis) Act, 1957 , repealed by this Act.
num: 58
paragraphs: —(1) The provisions of this section shall apply in relation to compensation under section 17 or 22.
(2) The Minister, with the consent of the Minister for Finance, may by order—
(a) make provision for regulating the making and determination of applications for, and the mode of assessment and payment of, compensation;
(b) include provision for the fixing of compensation by agreement between the applicant and the Minister or, in default of agreement, by a valuer appointed by agreement between the applicant and the Minister or, in default of such agreement, by a valuer appointed by the Minister;
(c) include provision in the event of the applicant disputing the determination of the application, for the settlement of the dispute by arbitration.
(3) Where a person has been convicted of an offence under this Act in relation to any animals or poultry slaughtered or taken possession of, or carcases or eggs destroyed, under this Act then, as a statutory consequence of such conviction, he shall not be entitled to compensation in respect of such animals, poultry, carcases or eggs
(4) Where, under subsection (3) a person is disentitled to compensation, the Minister may make an ex gratia payment to him of such amount as the Minister thinks fit, in lieu of compensation, taking into account, any loss to the Exchequer arising by reason of the offence.
(5) An order under subsection (2) may provide for the post-ponement of consideration of an application for compensation pending the institution or determination of a prosecution for an offence under this Act in relation to animals, poultry, carcases or eggs which are the subject of such application.
(6) An order under subsection (2) may provide that, in assessing compensation, deductions, estimated in such manner as may be prescribed, may be made in respect of any loss to the Exchequer or to the applicant himself arising by reason of the applicant's failure to take reasonable care to protect against the disease in question the animals, poultry, carcases or eggs which are the subject of the application, or, in the case of imported animals or poultry, where they are shown to have been diseased when imported.