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Papua New Guinea Consolidated Legislation |
Animal Disease and Control Act 1952
This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force
at 29 September 1955.
.........
Legislative Counsel
Dated 25 November 2006
INDEPENDENT STATE OF PAPUA NEW GUINEA.
Chapter 206.
Animal Disease and Control Regulation 1955
ARRANGEMENT OF SECTIONS.
Animal Disease and Control Regulation 1955
MADE under the Animal Disease and Control Act 1952.
Dated 200 .
PART I. – PRELIMINARY.
In this Regulation, “quarantined area” means an area declared under Section 8 to be a quarantined area for the purposes of this Regulation.
PART II. – GENERAL.
Where domestic animals are run on a property, the owner of the property must, if so ordered by an Inspector–
(a) erect fences, yards, crushes and handling facilities; and
(b) maintain them in good order to enable the animals to be handled at all times,
to the satisfaction of an Inspector.
Penalty: A fine not exceeding K100.00.
(1) For the purposes of Section 4(i) of the Act, the prescribed treatment that an Inspector may order for the control of cattle tick Boophilus microplus is as follows:–
(a) the animal shall be sprayed or dipped with an insecticidal solution of–
(i) chlorinated hydrocarbon; or
(ii) organic phosphate; or
(iii) organic carbamates,
made up to a strength not less than that recommended by the manufacturer of the insecticide in his instructions relating to the destruction of cattle tick on the animal;
(b) the spraying or dipping must result in the complete wetting of the animal with the insecticidal solution, and if the animal is treated with a power spray the spray shall give a pressure of 1,000kPa at the nozzle head;
(c) the first treatment of an animal shall be within five days of the receipt of a notice from the Inspector ordering the treatment, and afterwards as directed by the Inspector.
(2) The Inspector may order that any number of treatments, up to a maximum of six treatments under each notice, be carried out, and shall state the intervals at which each treatment is to be effected.
(3) A person who fails to comply with an order of an Inspector under Subsection (2) is guilty of an offence.
Penalty: A fine not exceeding K100.00.
(1) For the purposes of Section 4(i) of the Act, an Inspector may, for the prevention of rabies, order the vaccination of an animal with attenuated Rabies Vaccine by the Inspector or a person authorized.
(2) A person who fails to comply with an order of an Inspector under Subsection (1) is guilty of an offence.
Penalty: A fine not exceeding K100.00.
A person who permits animals (other than animals owned by him) to be moved on to or across his land without first satisfying himself that permission to move the animals has been given under the Act or this Regulation is guilty of an offence.
Penalty: A fine not exceeding K50.00.
PART III. – NOTIFIABLE DISEASES.
(1) A person who–
(a) knows or suspects, or should if he displayed reasonable diligence and care know or suspect, that an animal under his control is suffering from a notifiable disease; and
(b) fails to immediately isolate the animal from all other animals in such a manner as to prevent contact with other animals,
is guilty of an offence.
(2) A person who–
(a) knows or suspects, or should if he displayed reasonable diligence and care know or suspect, that an animal is suffering from a notifiable disease; and
(b) permits animals that have been in contact with the animal to come into contact with other animals,
is guilty of an offence.
Penalty: A fine not exceeding K100.00.
A person who, without the written permission of an Inspector, removes fodder, hay, chaff, grass, foodstuffs, harness or other things used in connection with an animal from a part of the country where he knows, or should if he used reasonable diligence and care know, a notifiable disease or pest to exist is guilty of an offence.
Penalty: A fine not exceeding K100.00.
PART IV. – QUARANTINED AREAS.
(1) An Inspector may, by written notice to the owner or occupier of a property, declare the property or part of the property to be a quarantined area for the purposes of this Regulation.
(2) The Chief Stock Inspector may, by notice in the National Gazette, declare an area to be a quarantined area for the purposes of this Regulation.
Except where the movement takes place within the one property a person who, without the written permission of the Chief Stock Inspector, moves an animal that–
(a) is in a quarantined area; or
(b) has been in contact with an animal in a quarantined area,
is guilty of an offence.
Penalty: A fine not exceeding K100.00.
A person who, without the written permission of the Chief Stock Inspector, moves an animal, or permits an animal to be moved, into a quarantined area is guilty of an offence.
Penalty: A fine not exceeding K100.00.
A person who, without the written permission of the Chief Stock Inspector, removes fodder, hay, chaff, foodstuffs, animal products, vehicles or other things used in connection with animals from a quarantined area is guilty of an offence.
Penalty: A fine not exceeding K100.00.
PART V. – DISEASE AREAS.
A person who, without the written permission of the Chief Stock Inspector, removes an animal from a Disease Area is guilty of an offence.
Penalty: A fine not exceeding K100.00.
A person who, without the written permission of the Chief Stock Inspector, removes an animal from one part of a Disease Area to another is guilty of an offence.
Penalty: A fine not exceeding K100.00.
A person who, without the written permission of the Chief Stock Inspector–
(a) introduces an animal into a Disease Area; or
(b) permits an animal to come into contact with an animal in a Disease Area,
is guilty of an offence.
Penalty: A fine not exceeding K100.00.
A person who moves from one place or premises in a Disease Area–
(a) without first complying with any procedures and instructions laid down by the Chief Stock Inspector in relation to such movement; or
(b) except in the case of movement within the one property that is within the Disease Area–otherwise than with the permission of, and on such conditions as are laid down by, the Chief Stock Inspector,
is guilty of an offence.
Penalty: A fine not exceeding K100.00.
A person who moves–
(a) any clothing, apparel, grass, hay, fodder, chaff, foodstuffs, harness, animal products or things used in connection with animals; or
(b) a vehicle,
from one place or premises in a Disease Area, or leaves a Disease Area–
(c) without first complying with any procedures and conditions laid down by the Chief Stock Inspector in relation to such movement; or
(d) except in the case of movement within the one property–otherwise than with the permission of, and on such conditions as are laid down by, the Chief Stock Inspector,
is guilty of an offence.
Penalty: A fine not exceeding K100.00.
A person who, when ordered to do so, fails to move animals under his control in a Disease Area to an area specified by an Inspector within the time specified by an Inspector, is guilty of an offence.
Penalty: A fine not exceeding K100.00.
(1) The owner of an animal in a Disease Area who, when he is required by an Inspector to do so fails to produce the animal to an Inspector for the purpose of vaccination or other treatment is guilty of an offence.
Penalty: A fine not exceeding K100.00.
(2) In addition to any fine imposed for an offence against Subsection (1), an Inspector may seize and destroy an animal required to be produced under that subsection that has not been produced within a reasonable time after notice of the requirement has been given.
A person who permits the movement of animals (other than animals owned by him) through or across his land in a Disease Area without first satisfying himself that the person in charge of the animals has complied with the Act and this Regulation in relation to the movement is guilty of an offence.
Penalty: A fine not exceeding K100.00.
PART VI. – MISCELLANEOUS.
An Inspector may mark an animal, by tattoo or such other means as he thinks proper, as a means of identification and proof that an animal has been tested, inspected or treated.
If an Inspector carries out treatment or procedures on an animal, the cost of the treatment is recoverable by the State from the owner as a debt.
The fees and charges for the purposes of Section 17 of the Act are as set out in the Schedule.
SCHEDULE 1 – FEES AND CHARGES.
Reg., Sec. 22.
1. For every seizure and detention under Section 17 of the Act– | |
(a) cattle and horses | K2.00 per head. |
(b) other animals | K1.00 per head. |
2. For sustenance of every animal detained under Section 17 of the Act– | |
(a) cattle and horses | K1.50 per head per day. |
(b) other animals | K1.00 per head per day. |
Office of Legislative Counsel, PNG
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URL: http://www.paclii.org/pg/legis/consol_act/adacr1955317