5.—(1) This regulation applies if the Department is of the opinion that—
(a)the avian influenza virus of the H5 subtype is present in a wild bird or the carcase of a wild bird in Northern Ireland or the Republic of Ireland; and
(b)either—
(i)it suspects that the neuraminidase type may be N1, or
(ii)the neuraminidase has been confirmed as N1.
(2) If the wild bird or carcase was found in Northern Ireland, the Department must declare—
(a)a wild bird control area; and
(b)a wild bird monitoring area.
(3) If the wild bird or carcase was found in the Republic of Ireland—
(a)subject to sub-paragraphs (b) and (c), the Department may declare a wild bird control area or a wild bird monitoring area;
(b)the Department must, if the wild bird or carcase was found within three kilometres of the border with Northern Ireland, declare a wild bird control area of such size, shape and location as is necessary to complete the wild bird control area centred on the outbreak point in the Republic of Ireland; and
(c)the Department must, if the wild bird or carcase was found within ten kilometres of the border with Northern Ireland, declare a wild bird monitoring area of such size, shape and location as is necessary to complete the monitoring area centred on the outbreak point in the Republic of Ireland.
(4) Paragraphs (2), (3)(b) and (3)(c) do not apply if the Department is satisfied, pursuant to a risk assessment, that—
(a)H5N1 is not present in poultry, other captive birds or wild birds in the area which would otherwise be declared as the wild bird control area or the wild bird monitoring area; and
(b)the infected wild bird or carcase did not present a risk of spreading that virus to such birds in that area.
(5) The risk assessment under paragraph (4) must take into account any geographical and ecological considerations.
(6) An area remains a wild bird control area until—
(a)the Department amends the declaration made under paragraphs (2)(a), (3)(a) or (3)(b) so that the area within its boundaries becomes part of the wild bird monitoring area; or
(b)the Department withdraws the declaration.
(7) An area shall remain a wild bird monitoring area until the Department withdraws the declaration made under paragraph (2)(b), (3)(a) or (3)(c).
(8) Subject to paragraph (9), premises which are only partly in a wild bird control area or a wild bird monitoring area are deemed to be wholly within that area.
(9) Premises which are partly in a wild bird control area and partly in a wild bird monitoring area are deemed to be wholly in the wild bird control area.
(10) Nothing in this regulation or regulation 6 which requires the Department to declare the extent of an area has the effect of requiring the Department to include land in the Republic of Ireland in such a area.
Commencement Information
I1Reg. 5 in operation at 24.3.2007, see reg. 1