European Communities (Licensing and Inspection of Zoos) Regulations 2003
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: Citation
num: 2
paragraphs: Interpretation
Part 2
Licences and exemptions
num: 3
paragraphs: Prohibition
num: 4
paragraphs: Licensing of zoos
num: 5
paragraphs: Conditions, duration and amendment of licence
num: 6
paragraphs: Standards
num: 7
paragraphs: Duty to display licence
num: 8
paragraphs: Renewal of licence
num: 9
paragraphs: Transfer of licence
num: 10
paragraphs: Surrender of licence
num: 11
paragraphs: Exemptions
Part 3
Inspections
num: 12
paragraphs: Designation of inspectors
num: 13
paragraphs: Inspection of licensed zoos and zoos for which licence or renewal is sought
num: 14
paragraphs: Powers of entry and inspection
num: 15
paragraphs: Offence of obstructing or hindering inspector
Part 4
Enforcement Measures
num: 16
paragraphs: Definitions for this Part
num: 17
paragraphs: Amendment of licence
num: 18
paragraphs: Licensee or operator to be given opportunity to be heard
num: 19
paragraphs: Enforcement of conditions
num: 20
paragraphs: Closure of zoo if licensee fails to take specified steps
num: 21
paragraphs: Closure of licensed zoo if licensee cannot be found
num: 22
paragraphs: Impact of closure direction on licence
num: 23
paragraphs: Closure of unlicensed zoos
num: 24
paragraphs: Plan for care and disposal of animals following closure of zoo
num: 25
paragraphs: If Minister is dissatisfied with plan, etc.
num: 26
paragraphs: Minister's power to arrange for care and disposal of animals in certain circumstances
num: 27
paragraphs: Duty to notify licensee, etc., of Minister's directions
Part 5
Appeals and Effective Dates
num: 28
paragraphs: Right to appeal to District Court
num: 29
paragraphs: Effective date of certain decisions and directions
Part 6
Miscellanous Matters
num: 30
paragraphs: Offence of supplying false information
num: 31
paragraphs: Penalties for offences
num: 32
paragraphs: Offences by bodies corporate
num: 33
paragraphs: Prosecution of offences
num: 34
paragraphs: Fees
num: 35
paragraphs: Transitional provision for existing zoos
num: 36
paragraphs: Competent authority
S.I. No. 440 of 2003.
European Communities (Licensing and Inspection of zoos) Regulations 2003
The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 1999/22/EC of 29 March 1999 of the Council of the European Union, hereby make the following regulations:
Part 1
preliminary Matters
Citation
num: 1
paragraphs: — These Regulations may be cited as the European Communities (Licensing and Inspection of Zoos) Regulations 2003.
Interpretation
num: 2
paragraphs: — (1) In these Regulations, except where the context otherwise requires—
“animal” means —
(a) all vertebrates, including mammals, birds, reptiles, amphibians and fish, and
(b) any invertebrate organism;
“Council Directive” means Directive 1999/22/EC of 29 March 1999 of the Council of the European Union relating to the keeping of wild animals in zoos;
“exemption” means the exemption under Regulation 11 of a zoo from the requirements of these Regulations;
“inspection report” means a report made under Regulation 13(4);
“inspector” means a person designated as an inspector under Regulation 12;
“licensed zoo” means a zoo for the operation of which—
(a) a subsisting licence has been granted under these Regulations, or
(b) a licence is deemed under Regulation 35 to have been granted and to remain in force;
“Minister” means the Minister for the Environment, Heritage and Local Government;
“required conservation measures” has the meaning given by Regulation 4(2);
“standards of modern zoo practice” means the standards specified by the Minister from time to time under Regulation 6.
(2) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Council Directive.
(3) In these Regulations, unless otherwise indicated—
(a) a reference to a Regulation is to a Regulation of these Regulations, and
(b) a reference to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs.
Part 2
Licences and Exemptions
Prohibition
num: 3
paragraphs: — (1) Subject to Regulation 35, a person shall not operate a zoo unless the person has been granted a licence or an exemption under these Regulations.
(2) A person who contravenes paragraph (1) is guilty of an offence.
Licensing of zoos
num: 4
paragraphs: — (1) The Minister may, on application by a person in accordance with paragraph (3), grant the person a licence to operate a zoo, if satisfied that the required conservation measures will be implemented in a satisfactory manner at the zoo.
(2) The following are the required conservation measures:
(a) participating in at least one of the following activities:
(i) research from which conservation benefits accrue to the species;
(ii) training in relevant conservation skills;
(iii) the exchange of information relating to species conservation;
(iv) where appropriate, captive breeding, repopulation or reintroduction of species into the wild;
(b) promoting public education and awareness in relation to the conservation of biodiversity, particularly by providing information about the species exhibited and their natural habitats;
(c) accommodating the animals under conditions that aim to satisfy the biological and conservation requirements of the individual species, including, among other things, by providing species specific enrichment of the enclosures;
(d) maintaining a high standard of animal husbandry in the zoo, including a developed programme of preventive and curative veterinary care and nutrition;
(e) preventing the escape of animals from the zoo in order to avoid possible ecological threats to indigenous species;
(f) preventing the intrusion of outside pests and vermin into the zoo;
(g) keeping up to date records of the zoo's collection appropriate to the species recorded.
(3) An application for a licence to operate a zoo must—
(a) be made in writing to the Minister,
(b) be in such form as the Minister may determine,
(c) identify the location of the zoo,
(d) list in taxonomic order using the scientific name and the common name the species, or, where appropriate, the sub-species, of animals kept or to be kept for exhibition at the zoo,
(e) specify the approximate numbers of each group of those animals,
(f) specify how the required conservation measures are being or will be implemented at the zoo,
(g) specify the approximate numbers and categories of staff employed or to be employed at the zoo,
(h) include any other information that the Minister may reasonably require to ensure that the requirements of these Regulations and any other applicable legislation are being or will be complied with in relation to the zoo and to determine whether or not to grant the licence, and
(i) be accompanied by the application fee required under Regulation 34.
(4) For the purpose of satisfying himself or herself as to whether the required conservation measures will be implemented in a satisfactory manner at the zoo, the Minister shall before deciding whether to grant a person a licence to operate a zoo—
(a) consult with the person about how those measures will be implemented if the licence is granted,
(b) cause the zoo to be inspected under Regulation 13(2), and
(c) consider the inspection report.
(5) If a person is refused a licence, the Minister shall give the person a written statement of the reasons for the refusal.
Conditions, duration and amendment of licence
num: 5
paragraphs: — (1) A licence to operate a zoo—
(a) is granted subject to the condition that the licensee will ensure that the required conservation measures are implemented at the zoo,
(b) may contain such other conditions as the Minister may determine, and
(c) is valid for the period (not exceeding 5 years) specified in the licence.
(2) Subject to Regulation 17(3), the Minister may at any time amend a licence to operate a zoo.
(3) Paragraph (1)(c) does not prevent the revocation or surrender of a licence under these Regulations before the end of the licence period.
Standards
num: 6
paragraphs: — The Minister may specify standards of modern zoo practice to be met by licensees in implementing the required conservation measures.
Duty to display licence
num: 7
paragraphs: — (1) The licensee shall display a licence to operate a zoo, or a copy of the licence, at each public entrance to the zoo.
(2) A licensee who contravenes paragraph (1) is guilty of an offence.
Renewal of licence
num: 8
paragraphs: — (1) A licensee who wishes to renew a licence to operate a zoo shall apply, in writing, to the Minister for its renewal not later than 6 months before the end of the licence period.
(2) The application must—
(a) be in such form as the Minister may determine, and
(b) include any information that the Minister may reasonably require to ensure that the requirements of these Regulations and any other applicable legislation are being or will be complied with in relation to the zoo and to determine whether or not to renew the licence.
(3) Before considering the application, the Minister shall cause the zoo to be inspected under Regulation 13(2).
(4) If satisfied after considering the inspection report that the zoo is being operated in compliance with the required conservation measures, the Minister may renew the licence for a period not exceeding 5 years beginning on the day after the end of the expiring licence period.
(5) If not satisfied after considering the inspection report that the zoo is being operated in compliance with the required conservation measures, the Minister may—
(a) refuse to renew the licence, or
(b) if the report indicates that a default in compliance can be remedied within a limited period, renew the licence for a period not exceeding 1 year subject to such conditions as the Minister considers appropriate.
(6) On reaching a decision under paragraph (5) in relation to a licensee, the Minister shall give the licensee written reasons for the decision.
Transfer of licence
num: 9
paragraphs: — (1) With the prior approval of the Minister, the licensee may transfer to another person a licence to operate a zoo.
(2) The Minister may approve the transfer of a licence, but only if satisfied that the required conservation measures will continue to be implemented in a satisfactory manner at the zoo.
(3) Where a licence is transferred with the Minister's approval—
(a) the transferee becomes the licensee from the date specified by the Minister, and
(b) the Minister shall notify both the transferee and the transferor of that date.
(4) On the death of a licensee, the personal representatives of the deceased are deemed to be the licensees during the period of 3 months following the death or such longer period as the Minister may approve.
Surrender of licence
num: 10
paragraphs: — (1) With the prior approval of the Minister, the licensee may at any time surrender a licence to operate a zoo to the Minister.
(2) The Minister may approve of the surrender of a licence if satisfied that —
(a) the zoo will be closed to the public, and
(b) the licensee has made suitable arrangements for the future care of all the animals kept at the zoo or for their disposal and their care until their disposal.
(3) If members of the public are not given access to a licensed zoo (with or without an admission charge) on 7 or more days in any period of 12 consecutive months, the licensee shall surrender the licence to the Minister.
(4) A licensee who fails to surrender a licence in accordance with paragraph (3) is guilty of an offence.
(5) On the surrender of a licence under this Regulation, the licence is considered to have been revoked.
Exemptions
num: 11
paragraphs: — (1) The Minister may, on application in accordance with paragraph (2) by a person who operates or proposes to operate a zoo, exempt the zoo from the requirements of these Regulations, but only if—
(a) the zoo does not or will not exhibit a significant number of animals or species to the public, and
(b) the exemption will not jeopardise the protection of wild fauna or the conservation of biodiversity.
(2) An application for an exemption must—
(a) be made in writing to the Minister,
(b) be in such form as the Minister may determine,
(c) identify the location of the zoo,
(d) list in taxonomic order using the scientific name and the common name the species, or, where appropriate, the sub-species, of animals kept or to be kept for exhibition at the zoo, and
(e) specify the approximate numbers of each group of those animals.
(3) If a person is refused an exemption, the Minister shall give the person written reasons for the refusal.
(4) A person granted an exemption under this Regulation shall, as soon as possible, notify the Minister of any significant increases in the numbers of animals or species exhibited at the zoo for which the exemption was granted.
(5) Any decision made by the Minister relating to an application for an exemption may be revoked or varied by the Minister.
Part 3
Inspections
Designation of inspectors
num: 12
paragraphs: — (1) The Minister may, in writing, designate suitable persons as inspectors for the purposes of these Regulations.
(2) The Minister shall provide each person designated under this Regulation with a certificate identifying him or her as an inspector for the purposes of these Regulations.
(3) When exercising functions under these Regulations, an inspector shall, if requested by a person affected, produce the certificate for inspection by that person.
Inspection of licensed zoos and zoos
for which licence or renewal of licence is sought
num: 13
paragraphs: — (1) Inspections of each licensed zoo shall be carried out by inspectors at least once every 12 months for the purpose of determining whether the conditions of the licence are being met.
(2) In carrying out an inspection of a licensed zoo or a zoo that is the subject of an application for a licence or renewal of a licence, an inspector shall—
(a) have regard to the current standards of modern zoo practice,
(b) have regard to the condition of the zoo premises and to all features of the zoo relevant for the purposes of the required conservation measures,
(c) in the case of a licensed zoo, ascertain whether the conditions of the licence are being met, and
(d) in the case of a zoo that is the subject of an application for a licence or renewal of a licence, ascertain whether, if the licence is granted or renewed, the required conservation measures are likely to be implemented in a satisfactory manner.
(3) In carrying out an inspection referred to in paragraph (2), an inspector may require that a person who is employed in or retained by or for the purposes of the zoo and who is specified by the inspector be present during the inspection.
(4) On completing an inspection of a zoo, the inspector shall make a written report to the Minister on the inspection and the report may include any advice or recommendations for improving the implementation of the required conservation measures.
(5) If it becomes apparent to an inspector carrying out an inspection of a licensed zoo that an amendment to the licence is likely to be needed to ensure that the required conservation measures are implemented, the inspector shall—
(a) consult with the operator of the zoo about the amendment,
(b) consider whether any new licensing conditions the inspector believes will be needed to secure implementation of the required conservation measures are likely to be met should the licence be amended, and
(c) include his or her findings and recommendations in the inspection report.
(6) This Regulation is not to be taken to limit the powers conferred on an inspector by Regulation 14.
Powers of entry and inspection
num: 14
paragraphs: — (1) For the purposes of ascertaining whether these Regulations are being complied with or the conditions of a licence are being met, an inspector may—
(a) at all reasonable times enter any premises in which the inspector has reasonable grounds for believing a person is operating a zoo,
(b) make such inquiry as may be necessary for those purposes,
(c) inspect the premises,
(d) examine, and take clinical samples from, any animals kept there,
(e) examine and take copies of any records kept on the premises, and
(f) require a person to produce to the inspector any records that are required to be kept under these Regulations.
(2) Despite paragraph (1), an inspector may not enter a private dwelling or the part of any premises that is used as a private dwelling, except—
(a) with the occupier's consent, or
(b) under the authority of a warrant issued under paragraph (3) by a judge of the District Court.
(3) If satisfied on the sworn information of an inspector that there are reasonable grounds for suspecting that a person is operating a zoo in a private dwelling or in a part of any premises used as a private dwelling, a judge of the District Court may issue a warrant authorising a named inspector to enter, on production of the warrant, the private dwelling or the part of those premises used as such a dwelling, at any time or times within 7 days after the date of issue of the warrant, for the purpose of exercising there the powers given by paragraph (1).
(4) The warrant issued by a judge of the District Court may also permit—
(a) the named authorised person to be accompanied during the entry and inspection of the private dwelling or the part of the premises used as such a dwelling by such other inspectors and members of the Garda SÃ­ochÃ¡na as the named inspector thinks necessary, and
(b) the use of such reasonable force as is necessary for the purposes of entry.
Offence of obstructing or hindering inspector
num: 15
paragraphs: — A person is guilty of an offence if the person—
(a) intentionally obstructs an inspector in the exercise of any of his or her powers under these Regulations,
(b) fails, without reasonable excuse, to comply with a direction given by an inspector in the exercise of those powers, or
(c) in purporting to give information required by an inspector in the exercise of those powers—
(i) makes a statement knowing it to be false or misleading in a material particular, or
(ii) intentionally fails to disclose any material particular.
Part 4
Enforcement Measures
Definitions for this Part
num: 16
paragraphs: — In this Part —
“closure”, in relation to a section of a zoo, means—
(a) closing a particular part of the zoo premises to the public,
(b) ceasing to exhibit animals of a particular description to the public, or
(c) ceasing to exhibit animals of a particular description to the public in a particular part of the zoo premises;
“closure direction” means a direction by the Minister requiring the closure of a zoo or a section of a zoo to the public;
“section”, in relation to a zoo, means—
(a) a particular part of the zoo premises,
(b) animals of a particular description kept on the zoo premises, or
(c) animals of a particular description kept in a particular part of the zoo premises.
Amendment of licence
num: 17
paragraphs: — (1) Subject to this Regulation, the Minister may at any time amend a licence if in his or her opinion it is necessary or desirable to do so in order to ensure that the required conservation measures are implemented at the zoo.
(2) Paragraph (1) is not to be taken to limit the Minister's powers under Regulation 5(2).
(3) Before amending a licence, the Minister shall —
(a) consult with the licensee about the amendment he or she proposes to make,
(b) cause the zoo to be inspected under Regulation 13, and
(c) consider the inspection report.
(4) Paragraph (3) does not apply if—
(a) the amendment to the licence has been recommended in an inspection report and the inspector has consulted with the licensee about the amendment, or
(b) the amendment to the licence results from a closure direction under Regulation 19 or 20 relating to a section of the zoo.
Licensee or operator to be given opportunity to be heard
num: 18
paragraphs: — (1) Before making or varying a direction under this Part in respect of a zoo or a section of a zoo, the Minister shall, by written notice —
(a) inform—
(i) the licensee, in the case of a licensed zoo, or
(ii) the operator of the zoo, in any other case,
that the Minister is considering making or varying the direction,
(b) specify the reasons, and
(c) state that the licensee or operator, as the case may be, may, before the date specified in the notice, make representations in writing or otherwise to the Minister as to why the direction should not be made or varied.
(2) Paragraph (1) does not apply if, after reasonable enquiries have been made, the licensee or the operator of the zoo, as the case may be, cannot be found.
Enforcement of conditions
num: 19
paragraphs: — (1) If not satisfied, after considering any representations made by a licensee under Regulation 18, that a condition of the licence is being met in relation to the zoo as a whole or in relation to a section of the zoo, the Minister—
(a) shall direct the licensee to take specified steps to ensure that, within the period specified in the direction, the condition is met in relation to the zoo or the section of the zoo, as the case may be, and
(b) may issue a closure direction requiring that the zoo or the section of the zoo, as the case may be, be closed to the public for all or part of the specified period.
(2) The maximum period that may be specified in a direction under paragraph (1) is 2 years beginning with the date of the direction.
(3) The Minister may, after considering any representations made under Regulation 18 vary a direction made under paragraph (1), whether or not that direction has been varied under this paragraph.
(4) A direction under paragraph (3) may increase the period specified in the direction under paragraph (1)(a) or (b), but the period as increased must not exceed 2 years beginning with the date of the direction under paragraph (1).
(5) A direction under paragraph (1)(a), including any variation of that direction under paragraph (4), may be revoked by a further direction of the Minister.
(6) On directing the closure of a section of a zoo under paragraph (1)(b), the Minister may amend the licence for the zoo if he or she considers it necessary or desirable to do so.
(7) A licensee who fails to comply with a closure direction under paragraph (1)(b) is guilty of an offence.
Closure of zoo if licensee fails to take specified steps
num: 20
paragraphs: — (1) The Minister shall direct the licensee to close a licensed zoo, or a section of it, to the public if—
(a) a direction has been made under Regulation 19(1) in relation to the zoo, or the section of it, because of the licensee's failure to meet a condition of the licence,
(b) the period specified under that Regulation to ensure the condition is met has expired, and
(c) after considering any representations made under Regulation 18, the Minister is satisfied that, despite the direction under Regulation 19, the condition has not been met.
(2) A licensee who fails to comply with a closure direction under this Regulation is guilty of an offence.
Closure of licensed zoo
if licensee cannot be found
num: 21
paragraphs: — (1) The Minister shall direct that a licensed zoo be closed to the public if satisfied, after reasonable enquiries have been made, that the licensee cannot be found.
(2) A person who is notified under Regulation 27(2) of a closure direction under paragraph (1) and who fails to comply with that direction is guilty of an offence.
Impact of closure direction on licence
num: 22
paragraphs: — If a closure direction is made under any of Regulations 19 to 21 in respect of all of a licensed zoo, the licence is revoked as soon as the direction has effect.
Closure of unlicensed zoos
num: 23
paragraphs: — (1) If satisfied, after considering any representations made under Regulation 18, that a zoo is being operated in contravention of these Regulations without a licence and without an exemption having been granted, the Minister shall give to the operator of the zoo written notice of the Minister's intention to direct that the zoo be closed to the public.
(2) If an operator notified under paragraph (1) does not apply for a licence or an exemption within the period of 35 days after being notified, the Minister shall, at the end of that period, direct the operator to close the zoo to the public immediately.
(3) If an operator notified under paragraph (1) applies for a licence or exemption but a final decision is made refusing to grant the licence or exemption, as the case may be the Minister shall direct the operator to close the zoo to the public.
(4) For the purposes of paragraph (3), a final decision refusing to grant a licence or exemption is made if—
(a) no appeal against the Minister's decision refusing to grant the licence or exemption is brought within the time allowed under Regulation 28(2), or
(b) an appeal brought against that decision, is abandoned or finally determined.
(5) The duty to notify the operator under paragraph (1) does not apply where, after reasonable enquiries have been made, the Minister is satisfied that the operator cannot be found in which case the Minister may make a closure direction without notifying the operator.
(6) An operator of a zoo who fails to comply with a closure direction under paragraph (2 or (3) is guilty of an offence.
Plan for care and disposal of animals following closure of zoo
num: 24
paragraphs: — (1) As soon as reasonably practicable after—
(a) the date of the expiry of a licence to operate a zoo,
(b) the date on which a licence is amended under Regulation 19(6) following the closure of a section of the zoo to the public, or
(c) the date on which a closure direction becomes effective under Regulation 29(4),
the licensee or operator of the zoo concerned, as the case may be, shall prepare and give to the Minister for his or her approval a plan for the future care of all the animals kept at the zoo or a section of the zoo, as the case may be, or for their disposal and their care until their disposal.
(2) The licensee or operator of the zoo concerned shall also supply the Minister with any information he or she may request about the care or disposal of the animals to which the plan relates.
(3) A licensee or operator of a zoo who is requested to supply information under paragraph (2) and who fails, without reasonable excuse, to supply the information within the period specified in the request is guilty of an offence.
(4) A licensee or operator of a zoo who is required under paragraph (1) to prepare a plan in relation to animals kept at a zoo, or in a section of zoo, shall not dispose of those animals until a plan is approved under this Regulation for their disposal.
(5) If the plan is approved by the Minister, the licensee or operator responsible for preparing it —
(a) shall implement it, and
(b) shall not, except with the prior agreement of the Minister—
(i) dispose of any animals to which the plan relates otherwise than in accordance with the approved plan, or
(ii) make any arrangements for the future care of such animals that do not comply with the approved plan.
(6) A person who contravenes paragraph (4) or (5)(b) is guilty of an offence.
If Minister is dissatisfied with plan, etc.
num: 25
paragraphs: — (1) After considering any representations made under Regulation 18, the Minister may make a direction under this Regulation in relation to a zoo or a section of a zoo for which a plan is required under Regulation 24, if—
(a) the Minister is not satisfied with the plan prepared by the licensee or operator of the zoo, as the case may be,
(b) the Minister is not satisfied with the way in which the plan is being implemented,
(c) the plan has not been prepared within a reasonable time after the applicable date referred to in Regulation 24(1), or
(d) the Minister considers that urgent steps need to be taken to safeguard the animals kept at the zoo or in the section of the zoo.
(2) A direction under this Regulation may require the licensee or operator of the zoo concerned to comply with such terms as the Minister thinks fit for—
(a) the future care of animals kept at the zoo or in the section of the zoo, or
(b) the disposal of such animals and their care until disposed of.
(3) After considering any representations made under Regulation 18, the Minister may vary or revoke a direction given under this Regulation.
(4) In making, implementing, varying or revoking a direction under this Regulation for the care or disposal of animals, due regard must be paid to the objective of protecting wild animals and conserving biodiversity.
Minister's power to arrange for care and
disposal of animals in certain circumstances
num: 26
paragraphs: — (1) After considering any representations made under Regulation 18, the Minister may make arrangements for the future care of any animals that are the subject of a direction under Regulation 25 or for the disposal of those animals and their care until they are disposed of, if—
(a) the licensee or operator of the zoo concerned has not complied with that direction to the Minister's satisfaction, or
(b) the Minister considers that he or she needs to take urgent steps to safeguard the welfare of those animals.
(2) On being satisfied, after reasonable enquiries have been made, that the licensee or operator of the zoo concerned cannot be found, the Minister shall make arrangements for the future care of animals kept at the zoo or for their disposal and their care until they are disposed of.
(3) For the purposes of caring for or disposing of an animal in accordance with an arrangement made under this Regulation, an inspector may—
(a) exercise any of the powers given by Regulation 14, and
(b) remove the animal and, subject to paragraph (4), dispose of it in accordance with the direction.
(4) Arrangements for the care or disposal of animals under this Regulation must be consistent with the objective of protecting wild animals and conserving biodiversity.
(5) The Minister may require a licensee or an operator of a zoo against whom a direction is made under Regulation 25 for the care or disposal of animals to defray or contribute to any costs incurred by the Minister under this Regulation in connection with their care or disposal.
(6) The amount of any payment required under paragraph (5) may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.
Duty to notify licensee, etc., of Minister's directions
num: 27
paragraphs: — (1) The Minister shall take reasonable steps to ensure that—
(a) the licensee, in the case of a licensed zoo, or
(b) the operator of a zoo, in any other case,
is notified in writing of any direction made by the Minister in relation to the zoo.
(2) If the licensee or the operator of a zoo cannot be found, the Minister shall take reasonable steps to ensure that the person appearing to be responsible for the zoo is notified in writing of any direction made by Minister in relation to the zoo.
(3) A person notified in writing under paragraph (2) of a direction made by the Minister in relation to a zoo shall comply with the direction as if that person were the licensee or the operator of the zoo.
Part 5
Appeals and Effective Dates
Right to appeal to District Court
num: 28
paragraphs: — (1) A person aggrieved by a decision of the Minister relating to—
(a) the refusal to grant or renew a licence,
(b) the refusal to approve the transfer or surrender of a licence,
(c) a refusal to grant, or the revocation of, an exemption,
(d) the attachment of a condition to a licence,
(e) the amendment of a licence,
(f) a direction under Regulation 19(1)(a) or a variation of such a direction,
(g) a closure direction under Regulation 19(1)(b), 20, 21 or 23,
(h) the refusal to approve a plan prepared under Regulation 24,
(i) a direction under Regulation 25,
(j) any arrangements under Regulation 26, or
(k) a requirement to pay an amount under Regulation 26(5),
may, subject to paragraph (2), appeal against the decision to a judge of the District Court, in the district court district in which the zoo concerned is located.
(2) The appeal must be brought within the period of 28 days after the date on which the person aggrieved is notified by the Minister of the decision.
(3) On hearing the appeal, a judge of the District Court may—
(a) confirm, vary or reverse the decision under appeal, and
(b) give such directions as the judge thinks proper.
Effective date of certain decisions and directions
num: 29
paragraphs: — (1) To the extent that the attachment of a condition to a licence (whether at the time the licence is granted or later) or the amendment of a condition of a licence, requires a licensee to carry out works the licensee would not otherwise be required to carry out the condition or amendment does not have effect—
(a) during the period allowed under Regulation 28(2) for bringing an appeal against the attachment or amendment, and
(b) if an appeal is brought, during the period before the appeal is abandoned or finally determined.
(2) A direction under Regulation 19(1)(a), or under Regulation 19(3) varying a direction under Regulation 19(1)(a), does not have effect—
(a) during the period allowed under Regulation 28(2) for bringing an appeal against the direction, and
(b) if an appeal is brought, during the period before the appeal is finally determined or abandoned.
(3) An amendment of a licence under Regulation 19(6) has effect as follows:
(a) if no appeal against the amendment is brought during the period allowed under Regulation 28(2), the amendment has effect on the expiry of that period;
(b) if an appeal against the amendment is brought and the amendment is confirmed on the final determination of the appeal, the amendment has effect on the day following the day on which the appeal is finally determined;
(c) if an appeal against the amendment is brought and the amendment is varied on the final determination of the appeal, the amendment as varied has effect on the day following the day on which the appeal is finally determined;
(d) if an appeal against the amendment is brought but the appeal is subsequently abandoned, the amendment has effect on the day following the day on which the appeal is abandoned or such other day as the court to which the appeal was brought may direct.
(b) if an appeal is brought, during the period before the appeal is finally determined or abandoned.
(3) A closure direction has effect as follows:
(a) if no appeal against the direction is brought during the period allowed under Regulation 28(2), the direction has effect on the expiry of that period;
(b) if an appeal against the direction is brought and the direction is confirmed on the final determination of the appeal, the direction has effect on the day following the day on which the appeal is finally determined or such other day as the court determining the appeal may direct;
(c) if an appeal against the direction is brought and the direction is varied on the final determination of the appeal, the direction as varied has effect on the day following the day on which the appeal is finally determined or such other day as the court determining the appeal may direct;
(d) if an appeal against the direction is brought but the appeal is subsequently abandoned, the direction has effect on the day following the day on which the appeal is abandoned or such other day as the court to which the appeal was brought may direct.
Part 6
Miscellaneous Matters
Offence of supplying false information
num: 30
paragraphs: — A person is guilty of an offence if in purporting to give information required by the Minister under these Regulations the person—
(a) makes a statement knowing it to be false or misleading in a material particular, or
(b) intentionally fails to disclose any material particular.
Penalties for offences
num: 31
paragraphs: — (1) A person, other than a body corporate, guilty of an offence against Regulation 3, 7 10(4), 15, 19(7), 20, 21, 23(6), 24(3) or (6) or 30 is liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 6 months or both.
(2) A body corporate guilty of an offence against Regulation 3, 7, 10(4), 15, 19(7), 20, 21 23(6), 24(3) or (6) or 30 is liable on summary conviction to a fine not exceeding €3,000.
Offences by bodies corporate
num: 32
paragraphs: — (1) Where a body corporate commits an offence against a provision of these Regulations each person who was an officer of the body corporate when the offence was committed is guilty of an offence against this Regulation if it is proved that he or she—
(a) willingly participated in, connived at or consented to the commission of the offence by the body corporate, or
(b) knowing that the body corporate was committing or about to commit that offence failed to take all reasonably practicable steps to prevent its commission.
(2) A person may be proceeded against for an offence against this Regulation whether or not the body corporate has been proceeded against or been convicted of the offence committed by that body.
(3) A person guilty of an offence against this Regulation is liable to a fine not exceeding the fine for which the body corporate is liable for the offence.
(4) In this Regulation, “officer”, in relation to a body corporate, means a director manager, executive officer, secretary or other person concerned in the management of the body corporate.
Prosecution of offences
num: 33
paragraphs: — (1) Proceedings in relation to an offence under these Regulations may be brought and prosecuted by the Minister.
(2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851 summary proceedings for an offence under these Regulations may be instituted within 12 months from the date of the offence.
Fees
num: 34
paragraphs: — (1) The Minister may, with the consent of the Minister for Finance, set fees to be paid by applicants in respect of applications for the grant or renewal of a licence.
(2) The fees set under paragraph (1) may not exceed the expense the Minister is likely to incur in considering the applications concerned, including the expense incurred in inspecting the zoos in respect of which those applications are made.
(3) A fee payable under these Regulations may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.
Transitional provision for existing zoos
num: 35
paragraphs: — (1) A person who immediately before the making of these Regulations was operating a zoo is deemed to have been granted a licence for the zoo on the making of these Regulations, and the licence is deemed to remain in force—
(a) for the period of 2 months after the making of these Regulations, and
(b) if the person makes an application under Regulation 4 or 11 within that period in relation to the zoo, until the application is finally determined or withdrawn.
(2) Subject to paragraph (1), these Regulations apply to a zoo existing immediately before the making of these Regulations.
Competent authority
num: 36
paragraphs: — The Minister is the competent authority for the purposes of the Council Directive.
GIVEN under the Official Seal of the
Minister for the Environment, Heritage and
Local Government, this 19th day of September 2003.
Martin Cullen.
Minister for the Environment, Heritage and
Local Government
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations give effect to Council Directive 1999/22/EC relating to the keeping of wild animals in zoos.