S.I. No. 292/1973:

TRANSIT OF ANIMALS (GENERAL) ORDER, 1973.

TRANSIT OF ANIMALS (GENERAL) ORDER, 1973.

I, MARK CLINTON, Minister for Agriculture and Fisheries, in exercise of the powers conferred on me by sections 3 , 11 , 28 and 29 of the Diseases of Animals Act, 1966 (No. 6 of 1966), hereby order as follows:--

1. (1) This Order may be cited as the Transit of Animals (General) Order, 1973.

(2) The collective citation "the Transit of Animals Orders, 1927 to 1973" shall include this Order.

2. This Order shall come into operation on the 1st day of December, 1973.

Interpretation

3. (1) In this Order, except where the context otherwise requires--

"the Act" means the Diseases of Animals Act, 1966 (No. 6 of 1966);

"airport "means any place in the State at which animals are loaded into or unloaded out of an aircraft, or at which an aircraft calls while transporting animals;

"animals" means all mammals (except man), fish, reptiles, crustaceans and all other cold-blooded creatures and birds of any species;

"attendant" includes the driver of a road vehicle, the guard of a train, and a member of the crew of any vessel or aircraft so far as any such person is designated to act as an attendant in respect of animals being transported;

"captain", in relation to transport by air, means the member of the flight crew designated as captain of an aircraft by the operator thereof, or, failing such designation, the person who is for the time being the pilot of the said aircraft;

"container" means a crate, box or other suitable receptacle used for the transport of animals which is not an integral part of a vessel, aircraft or vehicle;

"master" means any person having charge or command of a vessel, other than a pilot;

"port" means any place in the State at which animals are loaded into or unloaded out of a vessel, or at which a vessel call while transporting animals;

"unfit" includes aged, infirm, ill, injured and fatigued;

"vehicle", in relation to the transport of animals by road, means any vehicle, including a trailer of any description, constructed or adapted for use on a road, whether drawn or propelled by animal or mechanical power, and, in relation to the transport of animals by rail, rolling stock of any description;

"vessel" includes hovercraft.

(2) In relation to transport by sea or air, the provisions of this Order shall apply to animals being transported on any vessel or aircraft to or from a port or airport in the State whether or not such animals are loaded or unloaded at such port or airport.

4. In order to provide further for the protection of animals in transit, to extend for that purpose the application of sections 28, 29, 42, 43 and 46 of the Act and all other sections (including sections relating to offences and legal proceedings) containing provisions relative to or consequent on those sections, Parts I and II of the First Schedule to the Act shall, for the purposes of this Order, have effect as if all animals were specified therein.

Application of existing Orders

5. Nothing in this Order shall be construed as in any way restricting or otherwise affecting the operation of the provisions for the time being in force of the Orders specified in the Schedule hereto in their application to the transport by road, rail and sea of the several species of animals to which they apply, and in so far as any provision of this Order is inconsistent with any provision of an Order specified in the said Schedule, the provisions of the Order so specified shall prevail.

Protection of animals from injury and unnecessary suffering during loading, unloading and transport

6. (1) It shall be the duty of the carrier or other person in charge of any animal to ensure that the following provisions of this Order are applied to the animal in the manner appropriate to its species.

(2) ( a ) No person shall load any animal into a vessel, aircraft or vehicle, or cause or permit any animal to be so loaded, in such a way as is likely to cause injury or unnecessary suffering to the animal;

( b ) No person shall unload any animal out of a vessel, aircraft or vehicle or cause or permit any animal to be so unloaded in such a way as is likely to cause avoidable injury or unnecessary suffering to the animal.

(3) No person shall transport any animal by sea, air, road or rail, or cause or permit any animal to be so transported, in such a way as is likely to cause injury or unnecessary suffering to the animal.

(4) Without prejudice to the generality of the foregoing provisions of this Article, it shall be the duty of any person in charge of an animal which is being loaded into, unloaded from or transported in a vessel, aircraft or vehicle to ensure--

( a ) in case the animal is being so loaded or transported, that it is not and will not be caused injury or unnecessary suffering, and

( b ) in case the animal is being so unloaded, that it is not and will not be caused avoidable injury or unnecessary suffering, by reason of--

(i) inadequately constructed or insecure fittings in that part of the vessel, aircraft or vehicle, or in the container, in which the animal is to be or is being transported or from which it is being unloaded, or

(ii) contact with any fitting or other part of the vessel, aircraft or vehicle which has not been adequately padded or fenced-off, or with any obstruction; or

(iii) undue exposure to the action of the weather or the sea; or

(iv) an inadequate supply of fresh air, whether the vessel, aircraft or vehicle is stationary or in motion; or

(v) in the case of transport by air, exposure to undue fluctuations in temperature, humidity or air pressure, or from undue exposure to noises; or

(vi) any matter or thing.

(5) The duty imposed by the preceding paragraph in relation to an animal being loaded as specified therein shall extend to any period during which the animal is waiting to be so loaded and the duty so imposed in relation to an animal being unloaded as specified in that paragraph shall extend to any period during which the animal is waiting to be so unloaded.

(6) Where an inspector has reason to believe that an animal loaded in a vessel, aircraft or vehicle is likely, from whatever cause, to be caused injury or unnecessary suffering if transported therein, he may, by notice in writing served on the master of the vessel or the captain of the aircraft or, in the case of transport by road or rail, on the person in charge of the animal, prohibit the transport of the animal, and require it to be unloaded forthwith out of the vessel, aircraft or vehicle, and removed to such place as may be specified in the notice.

(7) Animals shall not be transported by sea or air if, in the judgment of the master or, as the case may be, the captain, there are grounds for believing that, due to adverse weather conditions, the voyage or flight will be attended by serious risk of injury to, suffering by or loss of life among the said animals.

Feeding, watering and general care of animals during transport

7. It shall be the duty of the owner or charterer of a vessel or aircraft in which animals are being transported by sea or air, and of the carrier or other person in charge of animals being transported by road or rail, to ensure that--

( a ) the animals are adequately fed and watered and, if necessary, milked at suitable intervals, including any period during which the animals are waiting to be loaded or unloaded;

( b ) where necessary, adequate supplies of food and water appropriate to the species of animals being transported are available in the vessel, aircraft or vehicle;

( c ) an attendant is available while the animals are being transported who shall be responsible for carrying out feeding, watering and milking, as required by paragraph (a) of this Article and for the general care of the animals in accordance with the provisions of this Order; and

( d ) where necessary, suitable access to the animals is readily available for the purpose of feeding and watering and otherwise attending to them as required by this Order and adequate lighting is available for the proper tending of the animals.

Unfit animals and animals likely to give birth during transport

8. (1) Subject to the following provisions of this Article, where the owner of an animal or his agent, or the consignor, carrier or other person in charge thereof, has reason to believe that the animal is unfit, or that it is likely to give birth during transport or has given birth during the preceding 48 hours, he shall not permit the said animal to be loaded into a vessel, aircraft or vehicle, or to be transported therein.

(2) Where an inspector is satisfied that the condition of an animal intended to be transported is such that--

( a ) it cannot, by reason of unfitness, be so transported withour unnecessary suffering, or

( b ) it is likely to give birth while being so transported,

he may serve on the owner or other person in charge of the said animal a notice in writing--

(i) prohibiting absolutely or for such period as may be specified in the notice the transportation or, as the case may be, the further transportation of the animal; or

(ii) prohibiting the transportation or, as the case may be, the further transportation of the animal unless such conditions as may be specified in the notice are complied with,

(3) The person in charge of an animal which is to be transported by sea, air, road or rail shall render such assistance as may be necessary to enable an inspector to examine the animal for the purposes of this Article, and shall comply with all reasonable requirements of the inspector in connection therewith, and with the provisions of a notice served under the preceding paragraph.

Accommodation of animals during transport

9. (1) Animals shall be loaded only into vessels, vehicles, aircraft or containers of which the areas where the animals are confined have been thoroughly cleaned and disinfected.

(2) It shall be the duty of the carrier or other person in charge of animals being transported to ensure that any vessel, aircraft or vehicle, or any pen therein, or any container, in which the animals are transported, is not overcrowded, and that the animals being so transported are accommodated in such a way as to avoid any risk of injury or unnecessary suffering. Unless special conditions require to the contrary animals shall be provided with room to lie down.

(3) ( a ) Where animals of different species are being transported in the same vessel, vehicle or aircraft--

(i) they shall be segregated according to species;

(ii) care shall be taken to ensure that adverse reactions which might result from the transportation in the same consignment of species naturally hostile to each other do not occur.

( b ) Where animals of different ages are being transported in the same vessel, vehicle or aircraft, adult animals and young animals (excluding females travelling with young which they are suckling) shall be separated from each other.

( c ) When being transported in the same vessel, vehicle or aircraft--

(i) mature, uncastrated animals of the bovine, soliped or porcine species shall be separated from female animals of the same species,

(ii) adult boars shall be separated from each other, and

(iii) adult stallions shall be separated from each other.

(4) Goods which could prejudice the welfare of the animals shall not be placed in compartments in which animals are being transported.

Transport of animals in containers

10. It shall be the duty of the carrier or other person in charge of an animal to be transported in a container in a vehicle, vessel or aircraft to ensure that the container--

( a ) is soundly constructed and in a good state of repair;

( b ) is secured in such a manner as to prevent displacement by the motion of the vehicle, vessel or aircraft;

( c ) is so placed in the vehicle, vessel or aircraft as to permit unimpeded access thereto, and adequate ventilation thereof; and

( d ) is marked with a symbol, or has securely attached thereto a label or similar form of notice, clearly indicating the presence of live animals and the upright position of the container.

Animals injured during transport

11. (1) Where any animal is seriously injured during transportation by sea or air, the master or, as the case may be, the captain shall forthwith cause the said animal to be humanely slaughtered, unless he is of the opinion that it can be landed without cruelty.

(2) For the purposes of the preceding paragraph, where any animal being transported in a vessel or aircraft is one in respect of which it is appropriate that a humane killing instrument should be used in the event of its slaughter, it shall be the duty of the owner or charterer of the vessel or aircraft to ensure that--

( a ) a suitable instrument for use for the purpose of humane slaughter is carried on board;

( b ) such instrument is in proper working order, and a sufficient supply of suitable ammunition for its use is available; and

( c ) the attendant, or a member of the crew of the vessel or aircraft, is competent in such use.

(3) Where an animal is injured during transportation by road or rail, the person in charge of the animal shall ensure that it is transported with all practicable speed to a place for veterinary treatment.

Export Inspection

12. (1) Animals to which this Article applies shall, before being put on board a vessel or aircraft by which they are proposed to be exported, be inspected by an inspector and if the inspector is satisfied that the animals are fit for transportation, he shall issue a certificate to that effect.

(2) In this Article "animals to which this Article applies" means horses, cattle, sheep, goats, all other ruminating animals and swine that are brought to a port or airport for export.

SCHEDULE.

ORDERS REGULATING THE TRANSPORT BY SEA, ROAD, RAIL AND AIR OF CERTAIN ANIMALS.

Transit of Horses, Asses and Mules (Ireland) Order of 1913.

Animals (Transit and General) (Ireland) Order of 1913.

Amendment (Irish Free State) Order of 1923.

Conveyance of Live Poultry (Ireland) Order of 1919.

Exportation of Animals Orders, 1923 to 1931.

Transit of Animals Orders, 1927 to 1973 (other than this Order).

Transit of Greyhounds Order, 1954 ( S.I. No. 121 of 1954 ).

Horses (Carriage by Sea) Order, 1960 ( S.I. No. 227 of 1960 ).

Carriage of Pigs by Road Order, 1967 ( S.I. No. 257 of 1967 ).

GIVEN under my Official Seal, this 30th day of October, 1973.

MARK CLINTON,

Minister for Agriculture and Fisheries.

EXPLANATORY NOTE.

This Order introduces a number of general measures intended to safeguard the welfare of a wide variety of animals i.e. all mammals (except man), fish, reptiles, crustaceans, all other cold-blooded creatures and birds of any species during transport by sea, air, road and rail.