The Zoos Licensing Regulations (Northern Ireland) 2003

Welfare of animals following closure of a zoo

21.—(1) As soon as reasonably practicable after the date from which this regulation applies, the operator shall give to the Department a plan of the arrangements he proposes to make in relation to all the animals kept in the zoo –

(a) for their future care; or

(b) for their disposal and for their care until they are disposed of.

(2) The operator shall supply the Department with any information it may require by notice in writing about the care or disposal of animals kept in the zoo.

(3) Where the Department notifies the operator in writing that it approves a plan prepared under paragraph (1), he shall implement it under the supervision of the Department.

(4) Except with the agreement of the Department, the operator shall not –

(a) dispose of any animal kept in the zoo before a plan prepared under paragraph (1) has been approved by the Department;

(b) dispose of any animal kept in the zoo other than in accordance with a plan so approved;

(c) make arrangements for the future care of any animal kept in the zoo which do not comply with a plan so approved.

(5) Where –

(a) the Department is not satisfied with a plan prepared under paragraph (1);

(b) the Department is not satisfied with the way in which such a plan is being implemented;

(c) the operator of the zoo has not prepared such a plan within a reasonable period after the date from which this regulation applies; or

(d) the Department considers that urgent steps need to be taken by the operator to safeguard the welfare of animals kept in the zoo,

the Department may, after giving the operator an opportunity to be heard, make a direction in such terms as it sees fit as to the future care of animals kept in the zoo or for their disposal and for their care until they are disposed of.

(6) Where –

(a) the zoo operator has not complied with a direction under paragraph (5) to the satisfaction of the Department; or

(b) the Department considers that urgent steps need to be taken by it to safeguard the welfare of animals kept in the zoo,

the Department shall, after giving the operator an opportunity to be heard, make arrangements for the future care of the animals kept in the zoo, or for their disposal and for their care until they are disposed of.

(7) Where the Department is satisfied, after reasonable enquiries have been made, that the operator of the zoo cannot be found, it shall make arrangements for the future care of the animals kept in the zoo, or for their disposal and for their care until they are disposed of.

(8) Subject to regulation 22 and paragraph (9) of this regulation, for the purpose of giving effect to arrangements under paragraphs (6) or (7) the Department may –

(a) care for any animal on the premises of the zoo, or

(b) remove any animal found on the premises of the zoo and either retain it in the Department’s possession or dispose of it, by sale, gift or otherwise.

(9) The Department may dispose of any animal in pursuance of paragraph (8)(b) if –

(a) after making reasonable inquiries it is satisfied that the animal is owned by the operator of the zoo;

(b) after making reasonable enquiries it is unable to identify or unable to find the owner of the animal;

(c) it has obtained the consent of the owner of the animal;

(d) the owner of the animal has been asked for his consent in writing before a date specified in the request, but that date has passed and the Department has not received it, and the owner has not arranged to take possession of the animal or arranged for such possession to be taken by another person; or

(e) the owner has arranged to take possession of the animal or for its possession to be taken by another person, but the date for implementation of the arrangements has passed and they remain unimplemented.

(10) Where an animal is disposed of under paragraph (9), any person to whom the animal is sold or given shall have a good title to it.

(11) Paragraphs (12) to (16) apply when the Department has sold all the animals which are to be sold under paragraph (9).

(12) Subject to paragraph (15), the Department shall pay to the operator of the zoo a sum equal to the total proceeds of the sales of animals falling within paragraph (13), less any part of the fees or charges which the Department is entitled to make under regulation 15 which has not been paid, and less the costs incurred by it in connection with the sale and in caring for the animals before the sale.

(13) An animal falls within this paragraph if the Department is satisfied that it was owned by the operator of the zoo immediately before its sale under paragraph (9), whether or not it was so satisfied when it exercised its power of sale under that paragraph.

(14) Where the Department has identified a person other than the operator who it is satisfied was the owner of an animal immediately before its sale under paragraph (9), it shall (subject to paragraph (15)) pay to that person a sum equal to the proceeds of the sale of that animal, less the costs incurred by it in connection with the sale and in caring for the animal before the sale.

(15) If the person to whom the Department is required to make a payment under paragraph (12) to (14) cannot be found before the end of the period of four months beginning with the date of the sale of the last animal which is to be sold under paragraph (9), the proceeds of sale shall vest in the Department.

(16) Any remaining proceeds of any sales under paragraph (9) shall vest in the Department.

(17) The Department shall make any payment it is required to make under paragraph (12) or (14) before the end of the period of four months beginning with the date of the sale of the last animal which is to be sold under paragraph (9), but it shall not make such a payment before the end of the period of one month beginning with the date of that sale.

(18) Nothing in this regulation shall prevent the Department from making arrangements for an animal to be put down without delay where it is necessary or expedient to do so in the interests of its welfare.

(19) Arrangements for the care or disposal of animals under this regulation shall not be prejudicial to the protection of wild animals and the conservation of biodiversity.

(20) The Department may make a direction varying or revoking a direction under paragraph (5) (including such a direction as varied by a direction under this paragraph), but unless it is satisfied, after reasonable enquiries have been made, that the operator cannot be found, it shall not do so without first giving him an opportunity to be heard.

(21) Where this regulation applies by virtue of regulation 20(2), references in this regulation to a zoo shall be read as references to that section of the zoo which is closed to the public.