European Communities (Licensing and Inspection of Zoos) Regulations, 2003

JurisdictionIreland
CitationIR SI 440/2003
Year2003

ARRANGEMENT OF REGULATIONS

Part 1

Preliminary Matters

1.

Citation

2.

Interpretation

Part 2

Licences and exemptions

3.

Prohibition

4.

Licensing of zoos

5.

Conditions, duration and amendment of licence

6.

Standards

7.

Duty to display licence

8.

Renewal of licence

9.

Transfer of licence

10.

Surrender of licence

11.

Exemptions

Part 3

Inspections

12.

Designation of inspectors

13.

Inspection of licensed zoos and zoos for which licence or renewal is sought

14.

Powers of entry and inspection

15.

Offence of obstructing or hindering inspector

Part 4

Enforcement Measures

16.

Definitions for this Part

17.

Amendment of licence

18.

Licensee or operator to be given opportunity to be heard

19.

Enforcement of conditions

20.

Closure of zoo if licensee fails to take specified steps

21.

Closure of licensed zoo if licensee cannot be found

22.

Impact of closure direction on licence

23.

Closure of unlicensed zoos

24.

Plan for care and disposal of animals following closure of zoo

25.

If Minister is dissatisfied with plan, etc.

26.

Minister's power to arrange for care and disposal of animals in certain circumstances

27.

Duty to notify licensee, etc., of Minister's directions

Part 5

Appeals and Effective Dates

28.

Right to appeal to District Court

29.

Effective date of certain decisions and directions

Part 6

Miscellanous Matters

30.

Offence of supplying false information

31.

Penalties for offences

32.

Offences by bodies corporate

33.

Prosecution of offences

34.

Fees

35.

Transitional provision for existing zoos

36.

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

1.— These Regulations may be cited as the European Communities (Licensing and Inspection of Zoos) Regulations 2003.

Interpretation

2.— (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

3.— (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

4.— (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

5.— (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

6.— The Minister may specify standards of modern zoo practice to be met by licensees in implementing the required conservation measures.

Duty to display licence

7.— (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

8.— (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)...

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