Animals (Diseases and Imports) Act

Repealed
This Act was repealed on 2014-07-01 by Animal and Plant Biosecurity Act, 2014.
Jurisdiction
Seychelles
Citation
Act 19 of 1981
Date
30 June 2012
Language
English
Type
Legislation
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Seychelles

Animals (Diseases and Imports) Act

Act 19 of 1981

  1. [Repealed by Animal and Plant Biosecurity Act, 2014 (Act 10 of 2014) on 1 July 2014]

Part I – Preliminary

1. Short title

This Act may be cited as the Animals (Diseases and Imports) Act.

2. Interpretation

In this Act, unless the context otherwise requires—"animal" means—(a)any kind of mammal, except man;(b)any kind of four footed beast which is not a mammal;(c)any kind of bird or bird's egg;(d)reptiles and other cold blooded creatures not falling within paragraph (a) or (b), but excluding fish;(e)arthropods including insects, arachnids and myriopods, but excluding crustaceans;"animal product" means anything originating or made (whether in whole or in part) from an animal or from a carcase;"Animal Quarantine Station" means a place appointed as a quarantine station under section 15;"carcase" means the dead body of an animal includes part of a carcase, and the meat (excluding tinned meat or tinned meat preparations), bones, hide and skin (excluding leather and cured or processed hide and skin) hooves, horns, offal, or other part of an animal separately or otherwise, or any portion of those parts;"cattle" means bulls, cows, oxen, heifers and calves;"fodder" means grass, hay, or any other substance used for food of animals, but excluding concentrated stock feeds;"infected area" means an area declared an infected area under section 5;"Inspector" means a person who is an Inspector in terms of section 6;"in transit", in relation to an animal, means pausing briefly in Seychelles during a passage from a place outside Seychelles to another place outside Seychelles;"litter" means straw or any other substance used for bedding or otherwise for or about animals;"notifiable disease" means a disease specified in Schedule 1;"poultry" means domestic fowl, turkeys, geese, ducks, quails or pigeons and includes their eggs;"stock" means cattle, sheep, goats, horses, mules, donkeys, swine, rabbits, bees or any other domesticated or captive animal prescribed as stock by the Minister by Notice in the gazette;"vessel" includes any kind of water craft;"Veterinary Officer" means a Veterinary officer in the employment of the Government and includes the Chief Veterinary Officer

Part II – Notifiable diseases

3. Notifiable diseases

(1)The diseases specified in Schedule 1 shall be notifiable diseases for the purposes of this Act.
(2)The Minister may by Order published in the Gazette amend Schedule 1.

4. Animal affected with notifiable disease

(1)A person having in his possession or charge an animal affected or suspected by him of being affected with a notifiable disease shall—
(a)keep that animal tied up or in an enclosed place, and separated from other animals not affected or suspected of being affected; and
(b)immediately give notice that fact to an Inspector.
(2)For the purpose of sub-section (1) an animal lawfully on a property with the agreement of the owner or occupier is deemed to be in possession or charge of the owner or occupier of that property.
(3)A person or officer, not being a Veterinary Officer, who—
(a)is notified that an animal is affected with a notifiable disease; or
(b)otherwise becomes aware that an animal is affected with a notifiable disease; or
(c)learns or become aware of any wide-spread disease among animals or of suspicious deaths among animals,
shall immediately notify the nearest Veterinary Officer.
(4)A Veterinary Officer notified in terms of subsection (3) shall give such directions and take such steps as may be necessary for the purpose of investigating the existence and nature of that disease; and on being satisfied that a notifiable disease exists he shall—
(a)make a report to the Chief Veterinary Officer, and
(b)cause all owners of animals in the neighbourhood to be notified of the outbreak of that notifiable disease.
(5)A person who contravenes subsection (1) is guilty of an offence.

5. Infected areas and control of movements

(1)The Minister may, by notice in the Gazette—
(a)declare an area to be an infected area; and
(b)for the purpose of preventing a notifiable disease or the spread of a notifiable disease, prohibit the movement of all animals or of a particular animal or class of animal from, to, through or within an infected area or another specified area.
(2)In an infected area—
(a)no animals shall be removed from or into the area, or from place to place to place within the area, without the written permission of the Chief Veterinary Officer;
(b)no animal shall be moved from the area unless previously treated in the manner directed by the Chief Veterinary Officer;
(c)all animals shall be herded as far as possible from roads;
(d)the Chief Veterinary Officer may require the owner or person in charge of an animal to isolate that animal from other animals within the area, or to remove that animal from the area;
(e)no person shall leave the area unless he complies with such reasonable precautions for preventing the spread of a notifiable disease as may be required by the Inspector in charge of the area; and
(f)he carcass of animals infected with a notifiable disease shall be disposed of in accordance with any general or specified instructions issued by an Inspector.
(3)The Minister may by regulations make further provisions for the control of animals or persons in infected areas.
(4)A person who contravenes any provision of, or made under, subsection (1), (2) or (3) is guilty of an offence.

Part III – Inspectors etc

6. Inspectors

(1)For the purposes of this Act the Minister may by notice in the Gazette appoint such number of Inspector as he may consider necessary.
(2)Every Veterinary Officer in the employment of the Government shall be an Inspector for the purposes of this Act.

7. Inspection and testing

An Inspector may for the purpose of inspecting for, detecting or diagnosing a notifiable disease—
(a)clinically examine an animal, carcase or animal product;
(b)cause a specimen to be taken from an animal, carcase or animal product; or
(c)apply or cause to be applied to an animal, carcase or animal product any test which he may consider necessary.

8. Identification marks

For the purpose of this Act, an Inspector may apply or cause to be applied an identification mark to an animal, carcase, animal product, container, premises, equipment, vehicle or aircraft.

9. Power of entry

(1)For the purpose of this Act, where an Inspector or a police officer has reasonable grounds for doing so he may enter any land, premises, vehicle, vessel or aircraft and may take with him such persons and things as he considers necessary for those purposes and may—
(a)search for animals, carcases or animal products;
(b)exercise powers of inspection and testing under section 7;
(c)find out whether that land, premises, vehicles, vessels or aircraft has been cleansed and disinfected in accordance with this Act or any statutory instrument, direction, prohibition or condition made or imposed under this Act; or
(d)do any other thing authorized under this Act.
(2)The owner or occupier of land, premises, a vehicle, vessel or aircraft which is entered under sub-section (1) shall render such reasonable assistance as may be required of him by the Inspector or police officer.
(3)A person who contravenes subsection (2) is guilty of an offence.

10. Search and detention of suspects

An Inspector or police officer may without warrant, stop, detain and search any person where he has reasonable grounds to suspect that the person is contravening this Act.

11. Seizing of animals etc.

(1)An Inspector or police officer may seize any animal, carcase or animal product, in respect of which he has reason to suspect that an offence under this Act is being or has been committed, and may remove that animal, carcase or animal product to a place selected by an Inspector, and there detain that animal, carcase or animal product subject to this section.
(2)An animal, carcase or animal product seized under sub-section (1) shall be detained subject to the directions of the Chief Veterinary Officer pending the conclusion of any proceedings in respect of the offence concerned.
(3)If the person who is alleged to have committed the offence is unknown or cannot be found, the animal, carcase or animal product shall be forfeited to the Government.

12. Obstruction of Inspectors etc.

(1)No person shall prevent, hinder or obstruct an Inspector or police officer in the performance of his functions under this Act.
(2)A person who contravenes subsection (1) is guilty of an offence.

13. Indemnity

(1)No action shall lie against the Government, an Inspector, a police officer or any other public officer for any act done or ordered to be done in good faith in pursuance of this Act.
(2)Subject to section 21, no compensation shall be payable to any person for any act done under this Act

Part IV – Import and quarantine

14. Import prohibited except stock or poultry under licence

(1)Subject to subsections 2 and 3, no person shall import an animal, carcase, egg or semen.
(2)
(a)Stock, poultry, or the carcase, egg or semen of stock or poultry;
(b)a dog or cat, or the semen of a dog or cat;
(c)other animals on a temporary basis in exceptional circumstances,
may be imported under and in accordance with a licence issued by the Chief Veterinary Officer.
(3)No animal or substance being imported under a license under subsection (2) shall be deemed to be imported until the Chief Veterinary Officer has certified that all the conditions of that licence have been complied with.
(4)An animal, carcase, egg or semen which has been or is about to be imported without a licence may be seized and detained by an Inspector who may direct that the animal, carcase, egg or semen shall be immediately re-exported by the person importing or attempting to import it.
(5)Where a direction for re-export under subsection (4) is contravened, an Inspector or police officer shall confiscate that animal, carcase, egg or semen.
(6)A person who contravenes—
(a)subsection (1)
(b)a condition of a licence issued under subsection (2); or
(c)a direction under subsection (4)
is guilty of an offence and any animal, carcase, egg or semen in respect of which that offence is committed may be seized by an Inspector or a police officer and, on conviction, shall be forfeited to the Government.

15. Animal Quarantine Stations

The Minister may, by notice in the Gazette, appoint Animal Quarantine Stations in such places as he may consider necessary.

16. Quarantine of animals

(1)Every animal imported under a licence issued under section 14(2) shall be
(a)removed, as the Chief Veterinary Officer may direct, to an Animal Quarantine Station; and
(b)subject to any regulations made under this Act and to the conditions of the licence, kept in quarantine there in such manner and for such period as the Chief Veterinary Officer may direct.
(2)Notwithstanding the expiry of the period of quarantine directed by the Chief Veterinary Officer and subject to subsection (3), no person shall remove animal from an Animal Quarantine Station without the prior written authorization of the Chief Veterinary Officer, which may be subject to such conditions as may be specified.
(3)The release from quarantine of an animal shall depend on the results of re-inspection, of any diagnostic examination and of any tests which the Chief Veterinary Officer may consider necessary.
(4)The expenses of and incidental to keeping an animal in quarantine shall be borne by the person importing the animal.
(5)An animal shall be kept in an Animal Quarantine Station at the risk of the person importing the animal.
(6)If an animal kept in Animal Quarantine Station develops or, in the opinion of the Chief Veterinary Officer, shows symptoms of a notifiable disease, the animal may, with the approval of the Chief Veterinary Officer, be destroyed.
(7)No person shall enter an Animal Quarantine Station except with the permission of the Chief Veterinary Officer.
(8)A person who contravenes subsection (2), (4) or (7) or any conditions of an authorization under subsection (2) is guilty of an offence.

17. Control of import and movement of fodder etc.

(1)No person shall remove fodder or litter from—
(a)a vessel or aircraft in which it has been imported; or
(b)an Animal Quarantine Station,
except to dispose of it as directed by the Chief Veterinary Officer.
(2)No person shall remove a kennel, crate or any animal clothing from—
(a)a vessel or aircraft in which it has been imported; or
(b)an Animal Quarantine Station,
unless—
(i)the Chief Veterinary Officer has given permission for the removal; and
(ii)the kennel, crate or animal clothing has been cleaned and disinfected as directed by the Chief Veterinary Officer.
(3)A person who contravenes subsection (1) or (2) or any direction given under those subsections is guilty of an offence.

Part V – Vaccines and drugs

18. Control of import of vaccines and drugs

(1)Subject to section 19, no person shall import for use for an animal any vaccine, serum, toxin, antitoxin or antigen except under and in accordance with a licence issued by the Chief Veterinary Officer.
(2)Any substance specified in subsection (1) which has been or is about to be imported without a licence may be seized and detained by an Inspector who may direct that the substance shall be immediately re-exported by the person importing or attempting to import it.
(3)where a direction for re-export under sub-section (2) is contravened, an Inspector or a police officer shall confiscate that substance.
(4)A person who contravenes—
(a)subsection (1);
(b)a condition of a licence issued under subsection (1);
(c)a direction under subsection (2),
is guilty of an offence and any vaccine, serum, toxin. Antitoxin or antigen in respect of which that offence is committed may be seized by an Inspector or a police officer and on conviction shall be forfeited to the Government.

19. Prohibited vaccines and drugs

(1)The Minister my by notice published in the Gazette specify a vaccine or drug as a prohibited vaccine or prohibited drug for the treatment of an animal diseases in Seychelles.
(2)A person who knowingly supplies, sells, purchases, obtains or uses a prohibited vaccine or prohibited drug for the treatment of animal diseases is guilty of an offence.

Part VI – Compulsory slaughter

20. Slaughter of animals with notifiable disease

The Chief Veterinary Officer may slaughter or cause to be slaughtered—
(a)an animal affected or suspected of being affected with a notifiable disease; or
(b)an animal which has been in contact with an animal affected by a notifiable disease or has been otherwise exposed to the infection of a notifiable disease.

21. Compensation for slaughter

(1)No compensation shall be paid in respect of any animal slaughtered under this Act unless it is stock.
(2)Subject to subsections (5) and (6), compensation for stock slaughtered under this Act may be paid to the owner of the stock by the Government as follows—
(a)where the stock was affected with a notifiable disease, the lesser of—
(i)one half of its value immediately before it became so affected; or
(ii)one half of the maximum amount of compensation prescribes under subsection (4) for that type of stock;
(b)where the stock was not affected with a notifiable disease but was suspected of being affected with a notifiable disease, the lesser of—
(a)its value immediately before it was slaughtered; or
(b)the maximum amount of compensation prescribed under subsection (4) for that type of stock.
(3)The value of stock slaughtered shall be determined in accordance with Schedule 2.
(4)The Minister may, by regulations, prescribe the maximum amount of compensation payable under this section in respect of different types of stock.
(5)Compensation in respect of stock slaughtered under this Act, my be wholly or partially withheld where the owner of the stock has contravened this Act or an order, notice, direction, prohibition or condition made or imposed under this Act.
(6)No compensation shall be payable in respect of an animal slaughtered under this Act if the animal—
(a)was affected with disease when imported;
(b)becomes affected while in an Animal Quarantine Station; or
(c)was imported in contravention of this Act, or of an order, notice, direction, prohibition or condition made or imposed under this Act.

Part VII – Regulations

22. Regulations *

*Note: Subsidiary legislation made under the Animals (Diseases and Importations) Act (Cap 131 of 1972 Edition) and in force on the commencement of this Act are continued in force.The Minister may make regulations for the better carrying out of the objects and purposes of this Act, including, without prejudice to this generality, the following purposes—
(a)the prevention of the introduction of and the prevention and control of notifiable disease including—
(i)the control of establishments connected with animals and animals products; and
(ii)The prohibition, restriction or regulation of access of persons to specified places;
(b)the isolation, inoculation, removal and slaughter of animals affected with or suspected to be affected with or exposed to a notifiable disease;
(c)the burial or destruction of carcases;
(d)prescribing—
(i)ports and places for the import or export of animals, carcases, animal products, fodder or litter; or
(ii)conditions under which those imports may take place;
(e)prescribing periods of quarantine or imported animals or animals affected with or suspected to be affected with or exposed to a notifiable disease;
(f)controlling, prohibiting or regulating the movement of animals, carcases, animal products, fodder or litter into, within, or out of any specified place;
(g)controlling artificial insemination of animals;
(h)prescribing—
(i)the disinfection of places and premises in which animals affected by a notifiable disease have been kept;
(ii)the cleaning disinfection or disinfection of land, premises, a vehicle, vessel or aircraft in which an animal, carcase, animal product, fodder or litter has been placed, kept or carried;
(iii)the disinfection, cleansing or treatment of animals which have been in contact with animals affected with a notifiable disease or which have been in an infected area;
(iv)the examination, removal, transport, treatment, cleansing or disinfection of carcases, fodder, litter, dung and other things connected with animals;
(v)the disinfection of persons (and their clothing) coming into contact with or employed about animals affected with a notifiable disease, or suspected of being so affected or of being in an infected area;
(vi)standards for or the prohibition of the manufacture of locally manufactured biological or chemical products used for the control of any animal disease;
(vii)requiring persons in charge of vessels or aircraft arriving in Seychelles with animals to enter into sureties for compliance with this Act;
(i)making provisions for animals in transit through Seychelles.

23. Fees and charges

The Minister may prescribe by regulations—
(a)fees for the issue of licences under this Act;
(b)fees for the examination of animals carried out under this Act;
(c)fees and charges for drugs or vaccines supplied by the Government for the treatment of animals;
(d)fees and charges for keeping animals in quarantine (including feeding); or
(e)fees and charges for or in connection with any services rendered under this Act.

Part VIII – Penalties etc

24. Penalties

(1)A person guilty of an offence against this Act is liable to imprisonment for 2 years and to a fine of R. 5,000.
(2)Where a person is convicted of an offence under this Act, the court may, in addition to or instead of imposing any other punishment, order that—
(i)the animal, carcase or animal product in respect of which that offence was committed shall be forfeited to the Government;
(ii)the person convicted or the owner of that animal, carcase or animal product, shall pay to the Government such sum as the court considers reasonable to cover the expenses of or connected with its removal to the place of detention, and in the case of an animal the cost of its maintenance during that detention, and unless that sum is paid within a reasonable time specified in the order, the animal, carcase or animal product shall be forfeited to the Government.

25. Disposal of forfeited or confiscated animals etc.

(1)Notwithstanding any other written law, an animal or thing forfeited or confiscated under this Act shall be disposed of in accordance with the instructions of the Minister.
(2)Where an animal or thing is disposed of in terms of this section, a person with any rights in that animal or thing shall not be entitled to an accounting or to compensation for its value.

Schedule 1 (Section 3)

Notifiable diseases

General

AnthraxBluetongueBrucellosisHeartwaterJohnes DiseaseFoot and Mouth DiseaseLeptospirosisMangeTuberculosisTrypanosomiasis

Horses etc

African Horse SicknessEpizootic and Ulcerative LymphangitisGlanders

Cattle etc.

Cattle Plague (Rinderpest)Contagious Bovine Pleuro-PnemoniaContagius Epididymitis and Cervico-Vaginitis of CattleBovine Virus Diarrhoea (Mucosal Disease)Cutaneous Streptothricosis (Dermatophilus Infection)Infectious Bovine Rhino tracheitis - Infectious Pustular VulvovaginitisLumpy Skin DiseaseBovine Skin DiseaseTheileriasis

Sheep etc.

Contagious Caprine Pleuro-PneumoniaNairobi Sheep DiseaseContagious Pustular DermatitisPox of Sheep and goatsSheep ScabScrapieSwine etcSwine Fever (Classical, Africal, and Hog Cholera)Swine Vesicular DiseaseSwine ErysipelasTransmissible Gastro Enteritis in Swine

Poultry etc.

Anatipestifer infection (duck septicaemia)Arizona InfectionAvian InfluenzaBicillary white diarrhea (Pullorum disease)Contagious bronchitis (Infectious bronchitis)Duck virus enteritis (duck plague)Duck virus hepatitisEastern Equine encephalomyelitisFowl cholera (pasteurellosis)Fowl pest in any of its forms including Newcastle disease and fowl plagueFowl paralysis (Marek's disease)Fowl PoxFowl typhoidGoose influenzaInfectious avian encephalomyelitisInfectious bursal disease (Gumboro disease)Infectious laryngo - tracheitisLeucosisMycoplaemosisOrnithesisPneumo-encephalitisSalmenellosisTransmissisable enteritis of turkeysTuberculosis and Vibrionic hepatitis

Schedule 2 (Section 21)

Valuation of slaughtered stock

1.An officer appointed by the Minister shall give written notice to the owner or his agent of his valuation of the animal based on current market value taking into account any residual value of the carcase (if returned to the owner).
2.Within 24 hours after the receipt of that notice the owner or his agent may give a written counternotice to the officer stating that the disputes the valuation and his reasons for so doing.
3.If counter-notice is not given in terms of paragraph 2, compensation shall be paid on that valuation.
4.If counter-notice is given in terms of paragraph 2, the value of the animal shall be determined after consideration of the first valuation and of the reasons in the counter-notice by a second officer appointed by the Minister, and his valuation shall be final.
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History of this document

01 July 2014
30 June 2012 this version
Consolidation
29 December 1981
Assented to
Commenced