Jersey Law 5/1999
DANGEROUS WILD ANIMALS (JERSEY)
LAW 1999
____________
ARRANGEMENT OF
ARTICLES
____________
1.
|
Interpretation
|
2.
|
Application of this Law
|
3.
|
Restrictions on keeping dangerous wild animals
|
4.
|
Applications for licences
|
5.
|
Notice to Connétables
|
6.
|
Restrictions on grant of licences
|
7.
|
Determination of applications
|
8.
|
Conditions of licences
|
9.
|
Issue of licences
|
10.
|
Duration of licences
|
11.
|
Amendment of conditions
|
12.
|
Revocation of licences
|
13.
|
Death of licensee
|
14.
|
Inspections
|
15.
|
Detention and disposal of dangerous wild animals
|
16.
|
Offences
|
17.
|
Defence of due diligence
|
18.
|
Expenses
|
19.
|
Appeals
|
20.
|
Restrictions on compensation
|
21.
|
Amendment of Schedules
|
22.
|
Relationship to other enactments
|
23.
|
Transitional provisions
|
24.
|
Short title and commencement
|
FIRST
SCHEDULE – Kinds of dangerous wild animals
|
SECOND
SCHEDULE – Forms
|
THIRD SCHEDULE – Application fee for a licence
|
DANGEROUS WILD ANIMALS (JERSEY)
LAW 1999
____________
A LAW to
regulate the keeping of dangerous wild animals, and for related purposes;
sanctioned by Order of Her Majesty in Council of the
10th day of MARCH
1999
____________
(Registered on the 9th day of April 1999)
____________
STATES OF JERSEY
____________
The 22nd day of
September 1998
____________
THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law –
ARTICLE
1
Interpretation
(1) In
this Law, unless the context otherwise requires –
“Committee” means the
Agriculture and Fisheries Committee;
“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 Committee; 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 Committee;
“dangerous wild animal”
means an animal described in the first column of the First Schedule;
“enactment” includes, for
the purposes of paragraph (3) of Article 4, paragraph (1) of Article 12 and
paragraph (2) of Article 23, any Act of Parliament, Order in Council or
statutory instrument in force in the United Kingdom or the Island;
“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, his personal representative;
“place” includes premises;
“well-being” includes, in
relation to an animal, maintenance of its good bodily condition.
(2) For
the purposes of this Law, a person keeps a dangerous wild animal –
(a) if
he has it in his possession; or
(b) if
the animal is not in anyone’s possession, but he is the last person to
have had it in his possession.
(3) However,
a person does not keep an animal if it is in his 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 is
the last person to have had it in his possession, he did so only for such a
purpose.
(4) The
second column of the First Schedule is included for information, but is not
definitive.
(5) In
this Law –
(a) a
reference to an Article or Schedule by number only is a reference to an Article
or Schedule in this Law;
(b) a
reference in an Article or Schedule to a paragraph by number or letter only is
a reference to a paragraph in that Article or Schedule;
(c) a
reference in a paragraph to any subdivision of a paragraph by number or letter
only is a reference to a subdivision in that paragraph; and
(d) a
reference to an enactment is a reference to that enactment as amended from time
to time.
ARTICLE
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
Agriculture and Fisheries Committee; and
(b) where
the exemption is granted on conditions, is complying with those conditions.
ARTICLE
3
Restrictions on keeping dangerous wild animals
No person shall keep a dangerous wild animal, except in accordance
with a licence.
ARTICLE
4
Applications for licences
(1) An
application for a licence shall be made in the form set out as Form 1 in the
Second Schedule, and shall be accompanied by the fee specified in the Third
Schedule.
(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 Committee 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.
ARTICLE
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 Committee on its 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 sub-paragraph (a) of paragraph
(1) refers; and
(b) by
the Committee, in any case to which sub-paragraph (b) or sub-paragraph (c) of
that paragraph refers.
(3) The
Committee shall inform the Connétable of its decision relating to a
matter to which paragraph (1) refers.
ARTICLE
6
Restrictions on grant of licences
(1) The
Committee shall not grant an application for a licence unless it is made in
accordance with Article 4.
(2) The
Committee 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 he thinks fit, he has
submitted a report of his inspection to the Committee;
(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 Committee, the report contains enough information to enable
it 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
Committee 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 Committee, there are exceptional circumstances why
sub-paragraph (a) need not apply.
(4) The
Committee shall not grant an application for a licence unless it is 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.
ARTICLE
7
Determination of applications
(1) Subject
to the other provisions of this Law, the Committee 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 Committee to refuse to grant an application for a licence.
ARTICLE
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 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 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
Committee; 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
Committee; 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 Committee –
(a) shall
specify the matters to which sub-paragraphs (a), (b) and (c) of paragraph (1)
refer; and
(b) may
specify circumstances to which sub-paragraph (d) of that paragraph refers.
(3) In
granting an application for a licence the Committee shall specify, as
additional conditions of the licence, conditions providing for such other
matters as in its opinion are necessary or desirable for the purpose of
securing the objectives in paragraph (1).
(4) Subject
to paragraphs (1), (2) and (3), the Committee 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 Committee to specify any matter, circumstances or condition under this
Article in a licence.
ARTICLE
9
Issue of licences
(1) On
granting an application for a licence, the Committee shall issue to the
applicant a licence in the form set out as Form 2 in the Second Schedule.
(2) No
licence is transferable.
ARTICLE
10
Duration of licences
(1) Every
licence shall cease to be in force on the expiry of the 31st day of 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 licence ceases to be in force; and
(b) the
application is made in respect of an animal that is being kept under his
licence,
it shall continue in force in respect of that animal until the
application is determined or withdrawn.
ARTICLE
11
Amendment of conditions
(1) On
its own initiative or on the application of the licensee, the Committee may
amend the conditions of a licence in any of the following ways, but not
otherwise –
(a) if
a condition applies by reason of paragraph (1) of Article 8, by varying any
matter or circumstances that the Committee is required or permitted by
paragraph (2) of that Article to specify;
(b) if
a condition has been specified by the Committee under paragraph (3) of Article
8, 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 Committee under paragraph (4) of Article
8, by varying that condition or by revoking it.
(2) Before
amending the conditions of a licence on its own initiative, the Committee shall
allow the licensee a reasonable opportunity to be heard.
(3) An
amendment shall take effect at such time as the Committee shall specify.
(4) The
Committee shall not specify a time that occurs –
(a) before
the amendment is made;
(b) before
the Committee has informed the licensee of the terms of the amendment; or
(c) in
any case in which the Committee has amended the conditions on its own
initiative, before the licensee has had reasonable time to comply with the
conditions as so amended.
(5) If
the Committee amends the conditions of a licence –
(a) the
licensee shall deliver it to the Committee within 48 hours after being informed
of the terms of the amendment; and
(b) the
Committee shall alter the licence accordingly and return it to him.
(6) There
shall be a right of appeal, in accordance with Article 19, against a decision
of the Committee to amend or to refuse to amend the conditions of a licence.
ARTICLE
12
Revocation of licences
(1) If
the Committee is satisfied –
(a) that
a licensee has contravened this Law; or
(b) that
a licensee has been convicted of an offence for which he 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 his licence should remain in force,
it may revoke his licence.
(2) Before
doing so, the Committee shall allow the licensee a reasonable opportunity to be
heard.
(3) The
revocation of a licence shall take effect –
(a) as
soon as the Committee informs the licensee of the revocation, if the Committee
does not specify a later date; or
(b) if
it does specify a later date when informing him 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 Committee to revoke a licence.
(5) This
Article applies notwithstanding Article 10 or Article 13.
ARTICLE
13
Death of licensee
Notwithstanding paragraph (1) of Article 10 –
(a) on
the death of a licensee, his licence shall remain in force for three months as
if it had been issued to his 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.
ARTICLE
14
Inspections
(1) The
States Veterinary Officer or any person who is authorized in writing for the
purposes of this Article by the Committee 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 suspects on
reasonable grounds that such an animal is held;
(c) inspect
any place to which sub-paragraph (a) or sub-paragraph (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 authority to do so.
ARTICLE
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 Committee may take and detain the animal on
behalf of the Committee.
(2) If
an animal is detained under this Article, the Committee may do any of the
following things –
(a) retain
the animal in its possession;
(b) destroy
it; or
(c) dispose
of it in any other lawful manner.
(3) Except
in the case of an emergency, the Committee shall forthwith inform the licensee
of a decision by it 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 Committee under paragraph (2) to retain, destroy or dispose of an
animal.
ARTICLE
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
not exceeding 12 months or to a fine not exceeding level 4 on the standard
scale or to both.
(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 not exceeding 12 months or to a fine not exceeding level 4 on the standard
scale or to both.
(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 knows to be
false, or does not believe to be true, shall be guilty of an offence and liable
to imprisonment for a term not exceeding 12 months or to a fine not exceeding
level 4 on the standard scale or to both.
(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
Committee,
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 not exceeding six months or to a fine not exceeding level 4 on the
standard scale or to both.
(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.
ARTICLE
17
Defence of due diligence
In any proceedings for an offence under paragraph (2) of Article
16, it shall be a defence for the person charged to prove that he took all
reasonable precautions and exercised due diligence to avoid the commission of
the offence.
ARTICLE
18
Expenses
(1) The
Committee 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 Committee
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 Committee 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
Committee may refuse to consider an application further until any amount owing
to the States under this Article by the applicant is paid.
ARTICLE
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 Committee under paragraph (1)
of Article 7 to grant his application;
(b) an
applicant for a licence, in respect of any matter or circumstances that the
Committee specifies under paragraph (2) of Article 8 in granting his
application;
(c) an
applicant for a licence, against any condition that the Committee specifies
under paragraph (3) or paragraph (4) of Article 8 in granting his application;
(d) a
licensee, against a refusal by the Committee to amend any condition of his
licence under paragraph (1) of Article 11 on his application;
(e) a
licensee, against the amendment of any condition of his licence by the
Committee under paragraph (1) of Article 11 (other than an amendment in terms
sought by the licensee);
(f) a
licensee, against the revocation of his licence by the Committee under
paragraph (1) of Article 12; and
(g) a
licensee, against a decision by the Committee under paragraph (2) of Article 15
to retain, destroy or dispose of any animal specified in his licence.
(2) An
appeal shall be brought within 21 days after the appellant is served by the
Committee 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 Committee, 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
Committee, and may make such order as to the costs of the appeal as it thinks
fit.
ARTICLE 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 Committee, the States Veterinary Officer or any
person who is authorized in writing for the purposes of Article 14 by the
Committee.
ARTICLE
21
Amendment of Schedules
(1) The
States may by Regulations –
(a) amend
the First Schedule by adding, deleting, substituting or varying any description
of dangerous wild animal 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
Committee may by Order –
(a) subject
to the other provisions of this Law, amend a form set out in the Second
Schedule; or
(b) amend
the Third Schedule by increasing or reducing the fee specified in that Schedule.
(3) The
Subordinate Legislation (Jersey) Law 1960 shall apply to Orders made under paragraph (2).
ARTICLE
22
Relationship to other enactments
The provisions of this Law do not derogate from the requirements of
any other enactment.
ARTICLE
23
Transitional provisions
(1) Notwithstanding
any other provision in this Law, if any person is lawfully keeping a dangerous
wild animal immediately before this Law comes into force –
(a) he
may continue to do so for the period of three months commencing on the date on
which this Law comes into force; and
(b) if
an application for a licence in respect of the animal is made in accordance
with Article 4 before the expiry of that period, and the application is not
determined or withdrawn before the expiry of that period, he may continue to do
so until it is determined or withdrawn.
(2) If
a person who is keeping a dangerous wild animal under paragraph (1) is
disqualified under any enactment from keeping an animal (whether or not it is a
dangerous wild animal), paragraph (1) shall cease to apply to him.
ARTICLE
24
Short title and commencement
This Law may be cited as the Dangerous Wild Animals (Jersey) Law 1999 and shall come into force on the seventh
day following its registration.
G.H.C. COPPOCK
Greffier of the States.
FIRST SCHEDULE
(Articles 1(1) and (4), and 21(1))
Kinds of dangerous wild animals
First Column
|
Second Column
|
Scientific name
|
Common name or names
|
Mammals
|
|
Aardvark
|
|
Orycteropidae
|
The aardvark
|
Carnivores
|
|
Ailuropodidae (Ailuridae)
|
The giant panda and the red panda
|
Canidae (except the species of the genera Alopex,
Dusicyon, Otocyon, Nyctereutes and Vulpes and the species Canis familiaris)
|
Jackals, wild dogs, wolves and the coyote (except
foxes, the raccoon-dog and the domestic dog)
|
Felidae (except the species Felis catus)
|
The bobcat, caracal, cheetah, jaguar, lion, lynx,
ocelot, puma, serval, tiger and all other cats (except the domestic cat)
|
Hyaenidae (except the species Proteles oristatus)
|
Hyaenas (except the aardwolf)
|
Mustelidae of the species of the genera Arctonyx,
Aonyx, Enhydra, Lutra (except Lutra lutra), Melogale, Mydaus, Pteronura and
Taxidea and of the species Eira barbara, Gulo gulo, Martes pennanti and
Mellivora capensis
|
Badgers (except the Eurasian badger), otters (except
the European otter), and the tayra, wolverine, fisher and ratel (otherwise
known as the honey badger)
|
Procyonidae
|
Cacomistles, raccoons, coatis, olingos, the little
coatimundi and the kinkajou
|
Ursidae
|
Bears
|
Viverridae of the species of the genus Viverra and of
the species Arctictis binturong and Cryptoprocta ferox
|
The African, large-spotted, Malay and large Indian
civets, the binturong and the fossa
|
Edentates
|
|
Bradypodidae
|
Sloths
|
Dasypodidae of the species Priodontas giganteus
(otherwise known as Priodontes maximus)
|
The giant armadillo
|
Myrmecophagidae of the species Myrmecophaga tridactyla
|
The giant anteater
|
Elephants
|
|
Elephantidae
|
Elephants
|
Even-toed ungulates
|
|
Antilocapridae
|
The Pronghorn
|
Bovidae (except any domestic form of the genera Bos
and Bubalus, of the species Capra aegagrus (hircus) and the species Ovis
aries)
|
Antelopes, bison, buffalo, cattle, gazelles, goats and
sheep (except domestic cattle, goats and sheep)
|
Camelidae (except the species Lama glama and Lama
pacos)
|
Camels, the guanaco and the vicugna (except the
domestic Hama
and alpaca)
|
Cervidae of the species Alces alces and Rangifer
tarandus (except any domestic form of the species Rangifer tarandus)
|
The moose or elk and the caribou or reindeer (except
the domestic reindeer)
|
Giraffidae
|
The giraffe and the okapi
|
Hippopotamidae
|
The hippopotamus and the pygmy hippopotamus
|
Suidae (except any domestic form of the species Sus
scrofa)
|
Old World pigs
(including the wild boar and the wart hog, but not including the domestic
pig)
|
Tayassuidae
|
New World pigs
(otherwise known as peccaries)
|
Hybrids
|
|
Any hybrid animal of which one or both parents are of
any kind of mammal specified in this column
|
Hybrid animals of which one or both parents are
mammals that are dangerous wild animals
|
Hyraxes
|
|
Procaviidae
|
Tree and rock hyraxes (otherwise known as dassies)
|
Marsupials
|
|
Dasyuridae of the species Sarcophilus harrisi
|
The Tasmanian devil
|
Macropodidae of the species Macropus fuliginosus,
Macropus giganteus, Macropus robustus and Macropus rufus
|
Grey kangaroos, the euro (or wallaroo) and the red
kangaroo
|
Odd-toed ungulates
|
|
Equidae (except the species Equus asinus, Equus
caballus and Equus asinus x Equus caballus)
|
Asses, horses and zebras (except the donkey, the
domestic horse and domestic hybrids)
|
Rhinocerotidae
|
Rhinoceroses
|
Tapiridae
|
Tapirs
|
Pinnipedes
|
|
Odobenidae, Otariidae and Phocidae (except Phoca
vitulina and Halichoerus grypus)
|
The walrus, eared seals, sealions and earless seals
(except the common seal and grey seals)
|
Primates
|
|
Callitrichidae of the species of the genera
Leontophithecus and Saguinus
|
Tamarins
|
Cebidae
|
New World monkeys
(including the capuchin, howler, saki, spider, squirrel, titi, uakari and
woolly monkeys and the night monkey (otherwise known as the douroucouli))
|
Cercopithecidae
|
Old World monkeys (including the baboons, drill,
colobus monkeys, gelada, guenons, langurs, leaf monkeys, macaques, mandrill,
mangabeys, patas and proboscis monkeys and talapoin)
|
Indriidae
|
Leaping lemurs (including the indri, sifakas and
woolly lemur)
|
Lemuridae (except the species of the genus Hapalemur)
|
Large lemurs (except the broad-nosed gentle lemur and
the grey gentle lemur)
|
Pongidae
|
Anthropoid apes (including chimpanzees, gibbons,
gorilla and orang-utan)
|
Birds
|
|
Cassowaries and emu
|
|
Casuariidae
Dromaiidae
|
Cassowaries
The emu
|
Ostrich
|
|
Struthionidae
|
The ostrich
|
Reptiles
|
|
Crocodilians
|
|
Alligatoridae
|
Alligators and caimans
|
Crocodylidae
|
Crocodiles and the false gharial
|
Gavialidae
|
The gharial (otherwise known as the gavial)
|
Lizards and snakes
|
|
Colubridae of the species of the genera Atractaspis,
Malpolon, Psammophis and Thelatornis and of the species Boiga dendrophila,
Dispholidus typus, Rhabdophis subminiatus and Rhabdophis tigrinus
|
Mole vipers and certain rear-fanged venomous snakes
(including the moila and montpellier
snakes, sand snakes, twig snakes (otherwise known as the yellow-ringed
catsnake), the boomslang, the red-necked keelback and the yamakagashi
(otherwise known as the Japanese tiger-snake))
|
Elapidae
|
Certain front-fanged venomous snakes (including
cobras, coral snakes, the desert black snake, kraits, mambas, sea snakes and
all Australian front-fanged venomous snakes (including the death adders))
|
Helodermatidae
|
The gila monster and the (Mexican) beaded lizard
|
Viperidae and Crotalidae
|
Certain front-fanged venomous snakes (including
adders, the barba amarilla, the bushmaster, the copperhead, the fer-de-lance,
moccasins, rattlesnakes and vipers)
|
Invertebrates
|
|
Scorpions
|
|
Buthidae
|
Buthid scorpions
|
Spiders
|
|
Ctenidae of the species of the genus Phoneutria
|
Wandering spiders
|
Dipluridae of the species of the genus Atrax
|
The Sydney
funnel-web spider and its close relatives
|
Lycosidae of the species Lycosa raptorial
|
The Brazilian wolf spider
|
Sicariidae of the species of the genus Loxosceles
|
Brown recluse spiders (otherwise known as violin
spiders)
|
Theridiidae of the species of the genus Latrodectus
|
The black widow spider (otherwise known as the redback
spider) and its close relatives
|
[Note: See Article 1(4) for the effect
of the second column of this Schedule.]
|
SECOND SCHEDULE
(Articles 4(1), 9(1) and 21(2)(a))
Forms
FORM 1
|
DANGEROUS WILD ANIMALS (JERSEY) LAW
1999
|
Application for licence to keep dangerous wild animals
|
PART A (TO BE COMPLETED BY
OR ON BEHALF OF APPLICANT)
|
1.
|
Name of applicant ................................................................................
|
2.
|
Date of birth of
applicant ...................................................................
|
3.
|
Address ................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
|
|
Telephone
No. ..............................
|
4.
|
Animals to be kept –
|
|
|
Species
|
Adult
|
Young
|
|
Male
|
. . .
|
. . .
|
. . .
|
|
Female
|
. . .
|
. . .
|
. . .
|
|
Total
|
. . .
|
. . .
|
. . .
|
|
Please show each
species, by numbers, sex, maturity and totals, as indicated.)
|
5.
|
Please
specify the address at which each animal will normally be held.
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
|
6.
|
Will
you both own and possess all the animals listed in paragraph 4? YES/NO (If NO, please give details of ownership and
possession
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
|
7.
|
Is it
intended to breed or to attempt to breed from the animals? YES/NO
(If YES, please
give details, including your proposals for dealing with any offspring)
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
|
8
|
Please
give the name, age and address of each person who will keep any animal under
the licence.
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
|
9
|
Please
give the name, age and address of, or specify by description, each person who
will handle any animal under the licence.
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
|
10.
|
(a)
|
Please
indicate whether you or any other person specified in paragraph 8 or
specified by name in paragraph 9 has ever been disqualified under any
enactment in Jersey or the United Kingdom from keeping any animal (whether or
not it is a dangerous wild animal). YES/NO
(If YES, please
give details of every person so disqualified)
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
|
|
(b)
|
Please
indicate whether you or any other person specified in paragraph 8 or
specified by name in paragraph 9 has ever been convicted anywhere of any
offence relating to the welfare of any animal (whether or not it is a
dangerous wild animal). YES/NO
(If YES, please give details of every
person so convicted)
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
|
|
(c)
|
Please
give details of your training and/or practical experience and that of each
other person specified in paragraph 8 or specified by name in paragraph 9 in keeping
and handling animals under the licence.
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
|
11
|
Please give the following information about the
accommodation in which each animal will be held –
|
|
(a)
|
Construction
(include fencing and other security arrangements) –
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
|
|
(b)
|
Size
–
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
|
|
(c)
|
Arrangements
for lighting –
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
|
|
(d)
|
Arrangements for
-
|
|
|
(i)
|
ventilation
.........................................................................................
.........................................................................................
.........................................................................................
.........................................................................................
|
|
|
(ii)
|
drainage
(including, if animals are to be held in the open, details of soil type and
field drainage)
.........................................................................................
.........................................................................................
.........................................................................................
.........................................................................................
|
|
|
(iii)
|
temperature
control
.........................................................................................
.........................................................................................
.........................................................................................
.........................................................................................
|
|
|
(iv)
|
cleanliness
.........................................................................................
.........................................................................................
.........................................................................................
.........................................................................................
|
|
(e)
|
Social
and environmental facilities (including facilities to enable animals to
exhibit natural behaviour) –
.....................................................................................................
.....................................................................................................
.....................................................................................................
.....................................................................................................
|
|
(f)
|
Arrangements for –
|
|
|
(i)
|
the provision, storage and preparation
of food and drink
.........................................................................................
.........................................................................................
.........................................................................................
.........................................................................................
|
|
|
(ii)
|
bedding
material
.........................................................................................
.........................................................................................
.........................................................................................
.........................................................................................
|
|
|
(iii)
|
visiting
at suitable intervals
.........................................................................................
.........................................................................................
.........................................................................................
.........................................................................................
|
|
|
(iv)
|
sufficiency
of exercise
.........................................................................................
.........................................................................................
.........................................................................................
.........................................................................................
|
|
|
(v)
|
protection
of the animals in case of fire or other emergency (including details of
arrangements for supervision in the absence of the licensee)
.........................................................................................
.........................................................................................
.........................................................................................
.........................................................................................
|
|
|
(vi)
|
prevention
and control of infectious diseases of human beings and infectious diseases of
animals (including the name of the veterinary surgeon you intend to use)
.........................................................................................
.........................................................................................
.........................................................................................
.........................................................................................
|
12
|
Have all necessary
planning and other permissions been obtained? YES/NO (If YES, please quote reference numbers
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
|
13
|
Please give details of
the insurance proposed against liability for death or damage caused by the
animal(s).
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
(This must insure you and every other person who may keep or
handle any of the dangerous wild animals under the licence against all deaths
and injuries (of human beings and animals), and damage to property, caused by
any of the dangerous wild animals.)
|
14.
|
Please include with this application –
|
|
(a)
|
a location plan (scale 1:2500);
|
|
(b)
|
a site plan showing all structures, shelters,
enclosures and fencing (scale 1:500); and
|
|
(c)
|
a full veterinary report commenting on the proposals
for husbandry, accommodation and security of the animals, and the suitability
of every person (by name, or description, as the case requires) who is to
keep or handle the animals under the licence.
|
|
|
|
|
|
|
|
PART B (WHEN PART A HAS BEEN COMPLETED, AND YOU
ARE SATISFIED THAT IT IS CORRECT, PLEASE READ AND COMPLETE PERSONALLY THE
FOLLOWING STATEMENT)
1.
|
I have read Part A of this application and the accompanying
documents, and confirm that to the best of my knowledge and belief the
information set out in them is true.
|
2.
|
I apply for a licence under the Dangerous Wild Animals (Jersey) Law 1999 and enclose the application fee of
£......
|
..............................................................
|
..............................................................
|
(Signature
of applicant)
|
(Date)
|
Notes for information:
|
1.
|
You must serve
one copy of this application on the Connétable of every parish in
which any animal to which the application relates will normally be held.
|
2.
|
You must be at
least 20 years old to apply for a licence.
|
3.
|
A licence to
keep a dangerous wild animal cannot be granted to a person who is
disqualified under any enactment from keeping an animal (whether or not it is
a dangerous wild animal).
|
4.
|
Part B of this
application must be completed by you personally.
|
|
|
|
FORM 2
|
DANGEROUS WILD ANIMALS (JERSEY) LAW
1999
|
Licence to keep dangerous wild animals
|
1.
|
This licence is issued to ............................................................................
.................................................................................. (name
of licensee) of
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
.......................................................................................................................
..................................................................................................... (address).
|
2.
|
The person(s) named in Part
A of Schedule 1 to this licence may keep the dangerous wild animal(s) in
Schedule 2 to this licence, subject to the Dangerous Wild Animals (Jersey) Law 1999 and to the conditions in Schedule 3 to
this licence.
|
3.
|
The person(s) named or
described in Part B of Schedule 1 to this licence may handle the dangerous
wild animals in Schedule 2 to this licence, subject to that Law and to the
conditions in Schedule 3 to this licence.
|
4.
|
Subject to Articles
10(2) and 13 of the Law, this licence ceases to be in force on the expiry of
31st day of December 19 , unless sooner revoked.
|
|
Dated
the .................................... day of 19 .
|
|
For the Agriculture and Fisheries
Committee
|
|
.......................................................................
(Chief
Officer)
|
|
|
|
SCHEDULE 1
|
PART A.
|
Persons who may
keep dangerous wild animals under this licence [to be specified by name]:
|
|
............................................................................................................
............................................................................................................
............................................................................................................
|
PART B.
|
Persons who may
handle dangerous wild animals under this licence [to be specified by name or
description]:
|
|
............................................................................................................
............................................................................................................
............................................................................................................
|
SCHEDULE 2
|
Dangerous wild
animals that may be kept under this licence:
|
Species
|
Adult males
|
Adult females
|
Young
|
|
|
|
|
SCHEDULE 3
|
Conditions of
licence:
|
A.
|
Mandatory
conditions under Article 8(1) of the Law:
|
1.
|
No person may keep a dangerous wild animal under this
licence unless he is specified by name in Part A of Schedule 1 to this
licence as a person who may do so.
|
2.
|
No person may handle an animal kept under this licence
unless he is specified, by name or description, in Part B of Schedule 1 to
this licence.
|
3.
|
The place at which each animal shall normally be held
shall be as follows:
|
|
Dangerous wild animal
|
Place at which
it is normally to be held
|
|
|
|
4.
|
No such animal shall be moved from the place at which it
is normally to be held (except in the following circumstances:
...............................................................................................................
...............................................................................................................
...............................................................................................................
...............................................................................................................
|
|
[Delete words
within round brackets if not applicable.]
|
5.
|
The licensee shall forthwith notify –
|
(a)
|
the Committee; and
|
(b)
|
the Connétable of the parish in which each
animal kept under this licence is normally held,
|
of the birth of any offspring of the animal.
|
6.
|
The licensee shall forthwith notify –
|
(a)
|
the Committee; and
|
(b)
|
the Connétable of the parish in which the
animal is normally held,
|
of the escape of the animal.
|
7.
|
At all times while any animal is kept under this
licence, the licensee shall hold a current insurance policy that is approved
by the Agriculture and Fisheries Committee and insures him and each other
person who may keep or handle the animal under the licence against liability
for deaths and injuries (of human beings and animals), and damage to
property, caused by the animal, in an amount approved by the Committee.
|
8.
|
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 this licence.
|
B.
|
Mandatory conditions
under Article 8(3) of the Law:
...............................................................................................................
...............................................................................................................
...............................................................................................................
...............................................................................................................
|
C.
|
...............................................................................................................
...............................................................................................................
...............................................................................................................
...............................................................................................................
...............................................................................................................
...............................................................................................................
|
|
|
|
|
THIRD SCHEDULE
|
(Articles 4(1) and 21(2)(b))
|
Application fee for a licence
|
£200.
|