Animal Health and Welfare Act 2013

30.

Destruction and disposal.

30.—(1) The Minister may direct that an animal be killed or that a carcass, animal product, animal feed or other thing be destroyed or disposed of where, in the opinion of the Minister—

( a) it is affected with a disease or a disease agent,

( b) it may be or is suspected of being affected with a disease or a disease agent,

( c) it is at risk of being affected with a disease or a disease agent,

( d) it is a disease agent,

( e) it is because of its genetic makeup particularly susceptible to disease or a disease agent,

( f) it is, has been or may be in contact with or may have been in contact with or exposed to an animal, an animal product, animal feed or other thing to which paragraph (a), (b), (c), (d) or (e) relates,

( g) its killing or destruction is necessary, ancillary or supplementary to—

(i) preventing the risk or spread of disease or a disease agent, or

(ii) diagnosis or control (including eradication) of a disease or a disease agent,

( h) it is not identified in accordance with animal health and welfare regulations, regulations made under the European Communities Act 1972 or an act adopted by an institution of the European Union,

( i) it is being or has been brought unlawfully into the State,

( j) it is being or has been exported unlawfully,

( k) it is required under animal health and welfare regulations, regulations made under the European Communities Act 1972 or an act adopted by an institution of the European Union to be accompanied by a licence, permit, certificate or other record and is not accompanied by such, or

( l) its killing, destruction or disposal is necessary to safeguard or enhance animal welfare or protect public safety.

(2) If the Minister directs the killing of an animal or the destruction or disposal of an animal product, animal feed or other thing in accordance with subsection (1), he or she shall cause the animal, animal product, animal feed or other thing to be destroyed or disposed of in a manner that he or she considers appropriate.

(3) The costs (including ancillary costs) of the killing of an animal or destroying or disposing of an animal product, animal feed or other activity referred to in subsection (1)(h), (i), (j), (k) or (l) may be recovered by the Minister as a simple contract debt in a court of competent jurisdiction or by deducting the sum from any moneys due or becoming due from the Minister to the owner or person in possession or control of the animal, animal product, animal feed or other thing.

(4) Where the Minister proposes to recover costs under subsection (3), the Minister shall—

( a) inform by notice the person concerned of the costs (including, but not limited to, salaries, subsistence, hiring of vehicles, machinery or equipment, feeding and veterinary fees) the reason for the costs and that he or she may make representations in relation to the proposal not later than 14 days from the date of the notice,

( b) consider any representations duly made, and

( c) make a decision and inform by notice the person concerned, stating the decision and the reasons for the decision.

(5) Notwithstanding subsection (1), the Minister may reserve for observation, research, treatment or testing, an animal, animal product, animal feed or other thing (or a sample or part of them) liable to be killed or destroyed under this section.