The Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No 2) Order 2006

Size of zones E+W

29.—(1) A protection zone declared under paragraphs (1), (2) or (3) of article 28 must (subject to paragraph (8))—

(a) be centred on the outbreak point; and

(b) have a radius of at least 3 kilometres.

(2) A surveillance zone declared under paragraphs (1), (2) or (3) of article 28 must (subject to paragraph (8))—

(a) be centred on the outbreak point; and

(b) have a radius of at least 10 kilometres.

(3) A restricted zone must—

(a) either

(i) be centred on the outbreak point; or

(ii) be adjacent to the surveillance zone or to another restricted zone; and

(b) be of such size as the National Assembly considers necessary.

(4) The National Assembly must take account of the criteria set out in paragraph (5) when deciding—

(a) what size zones to declare under paragraphs (1), (2) and (3) of article 28; and

(b) whether to declare restricted zones under paragraph (5) of article 28.

(5) The criteria referred to in paragraph (4) are—

(a) the results of veterinary inquiries;

(b) the geographical features of the area around the infected premises;

(c) the location and proximity of other premises containing poultry and other captive birds in the area;

(d) patterns of movement of and trade in poultry and other captive birds in the area;

(e) the facilities and personnel available to control movements within the zone (including any movement of poultry or other captive birds off premises for slaughter and disposal).

(6) Protection zones and surveillance zones declared under paragraph (4) of article 28 must be centred on the outbreak point, and must be of such size as the National Assembly considers necessary to reduce the risk of the spread of avian influenza.

(7) The “outbreak point” means, in relation to any premises where avian influenza has been confirmed, the part of the premises from which the National Assembly considers controlled zones should be measured, given the nature of that case of avian influenza.

(8) Where this article or article 56 requires the National Assembly to declare a zone of a minimum area and such an area would include land in England, it must declare a zone of such part of that area as is in Wales.