No. 2/1945:

DISEASES OF ANIMALS ACT, 1945

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Extension and amendment of section 10 of the Principal Act.

3 Extension of the cases in which compensation is payable.

4 Extension of power under sub-section (7) of section 20 of the Principal Act.

5 User of ground for reception and slaughter of animals and burial of carcases.

6 Seizure and isolation of animals.

7 Increase of penalty under section 51 of the Principal Act.

8 Compensation for certain losses.

9 Payments from General Cattle Diseases Fund to Exchequer.

10 Repeals.

11 Short title, collective citation and construction.

AN ACT TO AMEND AND EXTEND THE DISEASES OF ANIMALS (IRELAND) ACTS, 1894 TO 1938.

[21st February, 1945.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act—

the expression "the Principal Act" means the Diseases of Animals Act, 1894, as amended or adapted by or under subsequent enactments,

the expression "the Minister" means the Minister for Agriculture.

2.—(1) Sub-section (1) of section 10 of the Principal Act is hereby amended by the deletion therefrom of the words "other than cattle plague, pleuro-pneumonia, or foot-and-mouth disease", and sub-section (2) of the said section 10 is hereby amended by the deletion therefrom of the words "as well as a place or area declared infected with cattle plague, pleuro-pneumonia, or foot-and-mouth disease", and accordingly the said section 10 shall apply and have effect in relation to places and areas infected with cattle plague, pleuro-pneumonia, or foot-and-mouth disease in like manner as it applies and has effect in relation to places infected with other diseases.

(2) Sub-section (5) of section 10 of the Principal Act shall apply and have effect in relation to a notice served in pursuance of a direction of the Minister or a local authority by virtue of an order made under that section in like manner as it applies and has effect in relation to an order of the Minister or a local authority.

3.—(1) The obligation imposed by subsection (3) of section 7 of the Principal Act on the Minister to pay compensation for animals slaughtered under that section shall extend to animals which have been directed to be slaughtered under the said section and have been valued for that purpose but die before they can be slaughtered and also to carcases intended for human consumption which, consequent upon an outbreak of disease, have been destroyed on behalf of the Minister, and the said subsection shall apply and have effect accordingly in relation to such animals and carcases.

(2) The obligation imposed by subsection (3) of section 14 of the Principal Act on the Minister to pay compensation for animals slaughtered under that section shall extend to animals which have been directed to be slaughtered under the said section and have been valued for that purpose but die before they can be slaughtered and also to carcases intended for human consumption which, consequent upon an outbreak of disease, have been destroyed on behalf of the Minister, and the said sub-section shall apply and have effect accordingly in relation to such animals and carcases.

(3) The obligation imposed by subsection (2) of section 15 of the Principal Act on the Minister to pay compensation for animals slaughtered under that section shall extend to animals which have been directed to be slaughtered under the said section and have been valued for that purpose but die before they can be slaughtered and also to carcases intended for human consumption which, consequent upon an outbreak of disease, have been destroyed on behalf of the Minister, and the said subsection shall apply and have effect accordingly in relation to such animals and carcases.

(4) The obligation imposed by subsection (2) of section 16 of the Principal Act on the Minister to pay compensation for animals slaughtered under that section shall extend to animals which have been directed to be slaughtered under the said section and have been valued for that purpose but die before they can be slaughtered and also to carcases intended for human consumption which, consequent upon an outbreak of disease, have been destroyed on behalf of the Minister, and the said sub-section shall apply and have effect accordingly in relation to such animals and carcases.

4.—The power vested in the Minister by virtue of subsection (7) of section 20 of the Principal Act to withhold, either wholly or partially, compensation or other payment shall—

( a ) extend to animals which have been directed to be slaughtered under the Principal Act and have been valued for that purpose but die before they can be slaughtered, and

( b ) be exercisable in relation to an animal slaughtered or directed to be slaughtered whether such animal was or was not diseased, and

( c ) be exercisable in relation to an animal slaughtered or directed to be slaughtered (in addition to the cases mentioned in the said subsection) where the Minister is of opinion that the owner or person in charge of such animal did not take, in relation to the relevant outbreak of disease, adequate precautions to prevent the spread of disease, and

( d ) extend to every case in which compensation could be paid by virtue of section 3 of this Act in respect of a carcase (whether diseased or not diseased) where the Minister is of opinion that the owner or person in charge of the carcase has been guilty, in relation to the carcase, of an offence against the Principal Act or any Act amending that Act or did not take, in relation to the relevant outbreak of disease, adequate precautions to prevent the spread of disease.

5.—Where any animals have been directed by the Minister to be slaughtered under the Principal Act and a veterinary inspector after making such inquiries as he considers necessary is satisfied that no such ground as is mentioned in subsection (4) of section 20 of the Principal Act will be available for the burial of their carcases, the Minister may use for the reception and slaughter of the animals and the burial of their carcases any convenient ground suitable in that behalf.

6.—(1) Whenever any animal which is diseased or suspected of being diseased is found by a veterinary inspector in a market, fair, sale yard, or other public place, it shall be lawful for the inspector to cause to be seized any animal (whether it is or is not diseased or suspected of being diseased) in such market, fair, sale yard, or other place and to cause such animal to be placed and kept in isolation therein or to be removed therefrom and placed and kept in isolation in any convenient and suitable building, yard, paddock, field, or other enclosed place.

(2) The following provisions shall have effect in relation to an isolation under subsection (1) of this section:—

( a ) if a convenient and suitable place which is empty is not available for the isolation, the inspector may use therefor a place which is occupied by animals or goods and may require the animals or goods to be removed from such place;

( b ) an animal isolated under this section in a place shall be removed therefrom as soon as circumstances permit and, when every animal isolated has been so removed, the place shall be disinfected by or under the supervision of a veterinary inspector;

( c ) whenever an animal has been placed for isolation under this section in a place, no person shall, without the permission of a veterinary inspector, bring any animal into the place until the place has been disinfected under paragraph (b) of this subsection.

7.—Section 51 of the Principal Act is hereby amended as follows, that is to say:—

( a ) the fine which may be imposed under paragraph (i) of the said section shall be a fine not exceeding one hundred pounds, and

( b ) paragraphs (ii) and (iii) of the said section shall cease to have effect.

8.—(1) Where the owner or occupier of ground which has been used for the purposes of section 5 of this Act claims to have suffered loss by reason of such user, he may, within one month after such user, apply in writing to the Minister for compensation.

(2) Where the owner or occupier of a place which has been used for the purposes of section 6 of this Act claims to have suffered loss by reason of such user, he may, within one month after the disinfecting of the place in accordance with that section, apply in writing to the Minister for compensation.

(3) Where an application for compensation under this section is duly made—

( a ) the Minister shall consider the application and shall either, as he thinks proper, refuse the application or award such compensation as, with the concurrence of the Minister for Finance, he thinks reasonable,

( b ) if the applicant is aggrieved by (as the case may be) the refusal of the application or the amount of the compensation awarded, he may, by notice in writing sent to the Minister within fourteen days after receiving notification of the decision of the Minister, appeal against such decision,

( c ) the appeal shall be referred by the Minister to such person as may be agreed upon by the applicant and the Minister or, in default of agreement, to an official arbitrator for the purposes of the Acquisition of Land (Assessment of Compensation) Act, 1919, and the person to whom the appeal is so referred shall report on the matter to the Minister and shall send a copy of the report to the applicant,

( d ) the report shall (as the person making it thinks proper) confirm, reverse, or vary the decision of the Minister and, where appropriate, fix the compensation to be awarded to the applicant,

( e ) the report shall be binding on the Minister and the applicant,

( f ) the fee (as fixed by the Minister with the concurrence of the Minister for Finance) and the necessary expenses of the person making the report shall be paid by the Minister, but, if the report neither reverses the decision of the Minister nor varies it in favour of the applicant, the applicant shall be liable to the Minister for an amount equal to the aggregate of such fee, such expenses and the costs incurred by the Minister in connection with the appeal, and the Minister may apply the whole or part, of any compensation awarded to the applicant in or towards the discharge of such amount and, in default of obtaining in any other way such amount or any balance thereof, may recover such amount or balance as a simple contract debt in any court of competent jurisdiction,

( g ) if the report reverses the decision of the Minister or varies it in favour of the applicant, the Minister shall pay the costs incurred by the applicant in connection with the appeal.

(4) Without prejudice to paragraph ( f ) of subsection (3) of this section, compensation awarded under this section by the Minister or by the report on an appeal shall be paid by the Minister out of money provided by the Oireachtas to the person to whom such compensation is so awarded.

9.—(1) Notwithstanding anything contained in the Principal Act, the Minister may pay from the General Cattle Diseases Fund into or for the benefit of the Exchequer, at such time and in such manner as the Minister for Finance may direct, any sum paid into that Fund as a result of a prosecution under the Principal Act for an offence to which this section applies.

(2) This section applies to an offence related to foot and mouth disease which—

( a ) was committed after the 20th day of January, 1941, and before the passing of this Act, or

( b ) is committed after the passing of this Act.

10.—Sections 5, 6, 8, 9, and 12 of the Principal Act are hereby repealed.

11.—(1) This Act may be cited as the Diseases of Animals Act, 1945.

(2) The Diseases of Animals (Ireland) Acts, 1894 to 1938, and this Act may be cited together as the Diseases of Animals (Ireland) Acts, 1894 to 1945.

(3) This Act shall be read and construed as one with the Diseases of Animals (Ireland) Acts, 1894 to 1938.