Dangerous Wild
Animals (Jersey) Law 1999[1]
A LAW to regulate the keeping of
dangerous wild animals, and for related purposes
Commencement
[see endnotes]
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“to
contravene”, in relation to a person who must comply with any requirement
in or under this Law, includes to fail to so comply;
“current
insurance policy”, in respect of liability for an animal kept under a
licence, means an insurance policy that –
(a) is
current;
(b) is
approved by the Minister; and
(c) insures
the licensee and each other person who may keep or handle the animal under the
licence against liability for each of the following things caused by that animal,
namely –
(i) the
death or injury of any human being,
(ii) the
death or injury of any other animal (whether or not it is a dangerous wild
animal), and
(iii) damage
to property,
in an amount approved
by the Minister;
“dangerous
wild animal” means an animal described in the first column of Schedule 1;
“enactment”
includes, for the purposes of Articles 4(3) and 12(1) any Act of
Parliament, Order in Council or statutory instrument in force in the United
Kingdom or Jersey;
“licence”
means a licence that is issued under Article 9 and is in force;
“licensee”
includes, in the case where a licence continues in force under Article 13
after the death of a licensee, the licensee’s personal representative;
“Minister”
means the Minister for the Environment;
“place” includes
premises;
“well-being”
includes, in relation to an animal, maintenance of its good bodily condition.[2]
(2) For
the purposes of this Law, a person keeps a dangerous wild animal –
(a) if he
or she has it in his or her possession; or
(b) if
the animal is not in anyone’s possession, but he or she is the last person
to have had it in his or her possession.
(3) However,
a person does not keep an animal if it is in his or her possession temporarily,
and for the purpose only –
(a) of
being prevented from harming human beings or animals, or of being prevented
from causing damage;
(b) of
being restored lawfully to another person who is its owner;
(c) of
undergoing veterinary treatment; or
(d) of
being transported lawfully on behalf of another person,
or, if the animal is not
in anyone’s possession, but he or she is the last person to have had it
in his or her possession, he or she did so only for such a purpose.
(4) The
second column of Schedule 1 is included for information,
but is not definitive.
(5) In
this Law a reference to an enactment is a reference to that enactment as
amended from time to time.
2 Application of this Law
Nothing in this Law
applies to any zoo or circus that –
(a) is
for the time being exempted in writing from the provisions of this Law by the
Minister; and
(b) where
the exemption is granted on conditions, is complying with those conditions.
3 Restrictions on keeping dangerous wild animals
No person shall keep a
dangerous wild animal, except in accordance with a licence.
4 Applications for licences
(1) An
application for a licence shall be made in the form set out as Form 1 in Schedule 2, and shall be accompanied by the fee specified in Schedule 3.
(2) The
application shall show separately –
(a) each
species of dangerous wild animal for which the licence is sought;
(b) the
number of animals of each species to be kept; and
(c) the
place where each animal will normally be held,
and shall include the
other information specified in Form 1 and such other information as the
Minister may reasonably require.
(3) No
person who –
(a) is
under the age of 20 years; or
(b) is
disqualified under any enactment from keeping an animal (whether or not it is a
dangerous wild animal),
shall be capable of
applying for a licence.
5 Notice to Connétables
(1) The
Connétable of a parish in which it is proposed to normally hold a
dangerous wild animal, or in which such an animal is normally held under a
licence, shall be informed –
(a) of
any application or appeal under this Law relating to the animal;
(b) of
any proposal by the Minister on his or her own initiative to amend the
conditions of the licence or to revoke the licence; and
(c) of
the exercise of any power under Article 15,
and the Connétable
shall be allowed a reasonable opportunity to be heard on the matter.
(2) Notice
to the Connétable shall be given –
(a) by
the applicant or appellant, in any case to which paragraph (1)(a) refers;
and
(b) by
the Minister, in any case to which paragraph (1)(b) or (c) refers.
(3) The
Minister shall inform the Connétable of the Minister’s decision
relating to a matter to which paragraph (1) refers.
6 Restrictions on grant of licences
(1) The
Minister shall not grant an application for a licence unless it is made in
accordance with Article 4.
(2) The
Minister shall not grant an application for a licence unless –
(a) the
States Veterinary Officer has inspected the place at which each animal to be
kept under the licence will normally be held;
(b) after
consulting such other persons and bodies (if any) as the States Veterinary
Officer thinks fit, the States Veterinary Officer has submitted a report of his
or her inspection to the Minister;
(c) the
report describes the condition of the place and of each animal found there
(whether or not it is a dangerous wild animal), and of each other thing found
there that is relevant to the purposes of this Law; and
(d) in
the opinion of the Minister, the report contains enough information to enable
him or her to decide whether the animal to be kept under the licence can be
suitably held there, having regard to the considerations in paragraph (4).
(3) The
Minister shall not grant an application for a licence unless –
(a) the
applicant both owns and possesses, or intends both to own and possess, each
animal to be kept under the licence; or
(b) in
the opinion of the Minister, there are exceptional circumstances why sub-paragraph (a)
need not apply.
(4) The
Minister shall not grant an application for a licence unless satisfied as to
all of the following matters –
(a) that
it is not contrary to the public interest, on the grounds of the safety of
human beings or animals (whether or not they are dangerous wild animals) or of
nuisance or on any other grounds, to grant the application;
(b) that
the applicant is a suitable person to hold a licence;
(c) that
every person (other than the licensee) who –
(i) is
proposed by name as a person who may keep an animal under the licence, or
(ii) is
proposed by name or description as a person who may handle an animal under the
licence,
is a suitable person to
do so;
(d) that
each animal to be kept under the licence will be held in secure accommodation
that prevents its escape;
(e) that
such other precautions will be taken, while the animal is kept under the
licence, as are necessary or prudent for the safety of human beings;
(f) that
the accommodation, in its construction, size, ventilation and drainage, and in
temperature and cleanliness, and in its social and environmental facilities, is
suitable for the well-being of the animal;
(g) that,
for its well-being, the animal will be supplied with adequate and suitable food
and drink and (if appropriate) bedding material, and will be visited at
suitable times;
(h) that
while the animal is at the place where it will normally be held, its
accommodation is such that it can take sufficient exercise for its well-being;
(i) that
appropriate steps will be taken at all times for the protection of the animal
in case of fire or of any other emergency; and
(j) that
all reasonable precautions will be taken, at all times while the animal is kept
under the licence, to prevent and control the spread of infectious diseases of
human beings and infectious diseases of animals.
7 Determination of applications
(1) Subject
to the other provisions of this Law, the Minister may grant or refuse to grant
an application for a licence.
(2) There
shall be a right of appeal, in accordance with Article 19, against a
decision of the Minister to refuse to grant an application for a licence.
8 Conditions of licences
(1) The
following conditions are conditions of every licence –
(a) no person
may keep an animal under the licence unless he or she is specified in it by
name as a person who may do so;
(b) no person
may handle an animal kept under the licence unless he or she is specified in it
by name or description as a person who may do so;
(c) each
animal shall normally be held at the place specified for that purpose in the
licence;
(d) the
animal shall not be moved from that place, except in such circumstances (if
any) as are specified in the licence;
(e) the
licensee shall forthwith notify –
(i) the
Minister, and
(ii) the
Connétable of the parish in which the animal is normally held,
of the birth of any
offspring of the animal;
(f) the
licensee shall forthwith notify –
(i) the
Minister, and
(ii) the
Connétable of the parish in which the animal is normally held,
of the escape of the
animal;
(g) at
all times while any animal is kept under the licence, the licensee shall hold a
current insurance policy in respect of liability for the animal; and
(h) the
licensee shall make a copy of the licence available at all reasonable times,
for inspection by each other person who may keep or handle any animal under the
licence.
(2) In
granting an application for a licence, the Minister –
(a) shall
specify the matters to which paragraph (1)(a), (b) and (c) refer; and
(b) may
specify circumstances to which sub-paragraph (d) of that paragraph refers.
(3) In
granting an application for a licence the Minister shall specify, as additional
conditions of the licence, conditions providing for such other matters as in
his or her opinion are necessary or desirable for the purpose of securing the
objectives in paragraph (1).
(4) Subject
to paragraphs (1), (2) and (3), the Minister may specify other conditions
of a licence in granting the application for the licence.
(5) There
shall be a right of appeal, in accordance with Article 19, against a
decision of the Minister to specify any matter, circumstances or condition
under this Article in a licence.
9 Issue of licences
(1) On
granting an application for a licence, the Minister shall issue to the
applicant a licence in the form set out as Form 2 in Schedule 2.
(2) No
licence is transferable.
10 Duration of licences
(1) Every
licence shall cease to be in force on the expiry of the 31st
December in the year for which the licence is issued.
(2) However –
(a) if
the licensee applies in accordance with Article 4 for another licence,
before his or her licence ceases to be in force; and
(b) the
application is made in respect of an animal that is being kept under the
licensee’s licence,
it shall continue in force
in respect of that animal until the application is determined or withdrawn.
11 Amendment of conditions
(1) On
his or her own initiative or on the application of the licensee, the Minister
may amend the conditions of a licence in any of the following ways, but not
otherwise –
(a) if a
condition applies by reason of Article 8(1), by varying any matter or
circumstances that the Minister is required or permitted by paragraph (2)
of that Article to specify;
(b) if a
condition has been specified by the Minister under Article 8(3), by
varying that condition for any of the purposes specified in that paragraph, or
by substituting any other condition for the same purpose; and
(c) if a
condition has been specified by the Minister under Article 8(4), by
varying that condition or by revoking it.
(2) Before
amending the conditions of a licence on his or her own initiative, the Minister
shall allow the licensee a reasonable opportunity to be heard.
(3) An
amendment shall take effect at such time as the Minister shall specify.
(4) The
Minister shall not specify a time that occurs –
(a) before
the amendment is made;
(b) before
the Minister has informed the licensee of the terms of the amendment; or
(c) in
any case in which the Minister has amended the conditions on his or her own initiative, before the licensee has had reasonable time to
comply with the conditions as so amended.
(5) If
the Minister amends the conditions of a licence –
(a) the
licensee shall deliver it to the Minister within 48 hours after being
informed of the terms of the amendment; and
(b) the
Minister shall alter the licence accordingly and return it to the licensee.
(6) There
shall be a right of appeal, in accordance with Article 19, against a
decision of the Minister to amend or to refuse to amend the conditions of a
licence.
12 Revocation of licences
(1) If
the Minister is satisfied –
(a) that
a licensee has contravened this Law; or
(b) that
a licensee has been convicted of an offence for which he or she may be
disqualified under any enactment from keeping an animal (whether or not it is a
dangerous wild animal);
(c) that
it is contrary to the public interest, on the grounds of the safety of human
beings or animals (whether or not they are dangerous wild animals) or of
nuisance or on any other grounds, that the licensee’s licence should
remain in force,
the Minister may revoke the
licensee’s licence.
(2) Before
doing so, the Minister shall allow the licensee a reasonable opportunity to be
heard.
(3) The
revocation of a licence shall take effect –
(a) as
soon as the Minister informs the licensee of the revocation, if the Minister
does not specify a later date; or
(b) if
the Minister does specify a later date when informing the licensee of the
revocation, on that later date.
(4) There
shall be a right of appeal, in accordance with Article 19, against a
decision of the Minister to revoke a licence.
(5) This
Article applies notwithstanding Article 10 or 13.
13 Death of licensee
Notwithstanding Article 10(1) –
(a) on
the death of a licensee, his or her licence shall remain in force for 3 months
as if it had been issued to his or her personal representative; and
(b) if,
while that licence is still in force by reason of paragraph (a), an
application for another licence is made in accordance with Article 4 by
the personal representative, in respect of an animal kept under the existing
licence, the licence shall then continue in force in respect of that animal
until the application is determined or withdrawn.
14 Inspections
(1) The
States Veterinary Officer or any person who is authorized in writing for the
purposes of this Article by the Minister may in accordance with this Article do
any of the following things –
(a) enter
any place at which it is proposed to hold an animal under a licence;
(b) enter
any place at which a dangerous wild animal is held, or at which he or she
suspects on reasonable grounds that such an animal is held;
(c) inspect
any place to which sub-paragraph (a) or (b) refers; and
(d) inspect
any animal found there (whether or not it is a dangerous wild animal), or any
other thing found there that is relevant to the purposes of this Law.
(2) The
powers under this Article may be exercised to ascertain any of the following
things –
(a) whether
an application for a licence should be granted and, if so, on what conditions;
(b) whether
the conditions of a licence should be amended;
(c) whether
a licence should be revoked; and
(d) whether
this Law has been or is being contravened.
(3) The
powers under this Article may be exercised at any reasonable time, or at any
time in an emergency.
(4) If
so required, a person (other than the States Veterinary Officer) who is seeking
to exercise or is exercising any power under this Article or Article 15 shall
produce a copy of his or her authority to do so.
15 Detention and disposal of dangerous wild animals
(1) If
any dangerous wild animal is kept in contravention of this Law, the States
Veterinary Officer or any other person who is authorized in writing for the
purposes of Article 14 by the Minister may take and detain the animal on
behalf of the Minister.
(2) If
an animal is detained under this Article, the Minister may do any of the
following things –
(a) retain
the animal in his or her possession;
(b) destroy
it; or
(c) dispose
of it in any other lawful manner.
(3) Except
in the case of an emergency, the Minister shall forthwith inform the licensee
of a decision by the Minister under paragraph (2) to retain, destroy or
dispose of the animal.
(4) There
shall be a right of appeal, in accordance with Article 19, against a
decision by the Minister under paragraph (2) to retain, destroy or dispose
of an animal.
16 Offences
(1) Any
person who, not being authorized to do so under a licence, keeps a dangerous wild
animal shall be guilty of an offence and liable to imprisonment for a term of
12 months and a fine.[3]
(2) If
any condition of a licence is contravened –
(a) the
licensee; and
(b) any person
who contravenes the condition,
shall each be guilty of an
offence and liable to imprisonment for a term of 12 months and a fine.[4]
(3) Any
applicant who, in or in connection with any application under this Law, makes
any material statement or provides any material information that he or she
knows to be false, or does not believe to be true, shall be guilty of an
offence and liable to imprisonment for a term of 12 months and a fine.[5]
(4) Any
person who intentionally and without reasonable excuse obstructs –
(a) the
States Veterinary Officer; or
(b) any person
who is authorized in writing for the purposes of Article 14 by the
Minister,
in the exercise or
attempted exercise of any power under that Article or Article 15 shall be
guilty of an offence and liable to imprisonment for a term of 6 months and
a fine.[6]
(5) Any
person who aids, abets, counsels or procures the commission of an offence under
this Article shall be liable to be dealt with, tried and punished as a
principal offender.
17 Defence of due diligence
In any proceedings for an
offence under Article 16(2), it shall be a defence for the person charged
to prove that he or she took all reasonable precautions and exercised due
diligence to avoid the commission of the offence.
18 Expenses
(1) The
Minister may require –
(a) an
applicant for a licence; or
(b) a
licensee,
to pay to the States the
reasonable costs of the exercise of any power under Article 14 in respect
of the application or licence.
(2) If
any power is exercised under Article 15 in respect of an animal, the
Minister may require any person by whom the animal was kept in contravention of
this Law to pay to the States the reasonable costs of exercising the power.
(3) Any
amount that the Minister may require to be paid to the States under this Article
may be recovered in any court of competent jurisdiction as a civil debt due to
the States.
(4) The
Minister may refuse to consider an application further until any amount owing
to the States under this Article by the applicant is paid.
19 Appeals
(1) The
following persons shall have a right of appeal to the Royal Court under this Law –
(a) an
applicant for a licence, against a refusal by the Minister under Article 7(1)
to grant his or her application;
(b) an
applicant for a licence, in respect of any matter or circumstances that the
Minister specifies under Article 8(2) in granting his or her application;
(c) an
applicant for a licence, against any condition that the Minister specifies
under Article 8(3) or (4) in granting his or her application;
(d) a
licensee, against a refusal by the Minister to amend any condition of his or
her licence under Article 11(1) on his or her application;
(e) a
licensee, against the amendment of any condition of his or her licence by the
Minister under Article 11(1) (other than an amendment in terms sought by
him or her);
(f) a
licensee, against the revocation of his or her licence by the Minister under Article 12(1);
and
(g) a
licensee, against a decision by the Minister under Article 15(2) to
retain, destroy or dispose of any animal specified in his or her licence.
(2) An
appeal shall be brought within 21 days after the appellant is served by
the Minister with a written copy of the decision to which the appeal relates,
or within such further time as the Court may allow.
(3) The
lodging of an appeal shall not operate to stay the effect of the decision of
the Minister, pending the determination of the appeal, unless the Court so
orders.
(4) On
hearing the appeal, the Court may confirm, reverse or vary the decision of the
Minister, and may make such order as to the costs of the appeal as it thinks
fit.
20 Restrictions
on compensation
No person shall be
entitled to compensation in respect of the lawful exercise of any power under
this Law in respect of any dangerous wild animal by or on behalf of the
Minister, the States Veterinary Officer or any person who is authorized in
writing for the purposes of Article 14 by the Minister.
21 Amendment of Schedules
(1) The
States may by Regulations –
(a) amend
Schedule 1 by adding, deleting, substituting or varying any description of
dangerous wild animals in either column of that Schedule; and
(b) for
that purpose make such transitional provisions for the
application of this Law to animals of that description as appear to the States
to be necessary or expedient.
(2) The
Minister may by Order –
(a) subject
to the other provisions of this Law, amend a form set out in Schedule 2; or
(b) amend
Schedule 3 by increasing or reducing the fee specified in that Schedule.
(3) [7]
22 Relationship to other enactments
The provisions of this Law
do not derogate from the requirements of any other enactment.
23 Citation
This Law may be cited as
the Dangerous Wild Animals (Jersey) Law 1999.