Animal Health and Welfare Act 2013

34.

Limitation on compensation.

34.— In relation to a farm animal, animal product, animal feed or other thing relating to a farm animal killed or destroyed under section 30 or that dies before being killed, if the Minister is of the opinion that—

( a) a balance should be struck between the public good and the requirement to pay compensation,

( b) it would be unreasonable or unfair for the taxpayer to be liable for the payment of an amount of compensation, or

( c) the value of an animal, animal product, animal feed or other thing relating to a farm animal killed or destroyed under section 30 or that dies before being killed is based on factors other than its food producing capacity,

he or she may by regulations provide—

(i) that compensation or a portion of it is not payable—

(I) in respect of animals of a particular breed, species, class or type, animal product, animal feed or other thing,

(II) where the killing or destruction related to a particular disease or diseases,

(III) for particular activities, including dealing in animals or agistment, or

(IV) for particular methods of husbandry specified in the regulations,

or

(ii) for the limitation of the eligibility of a person for compensation in whole or in part in respect of an animal, animal product, animal feed or other thing relating to a farm animal to which the regulations relate.

Annotations:

Editorial Notes:

E15

Power pursuant to section exercised (29.05.2019) by Diseases of Poultry (Compensation) Regulations 2019 (S.I. No. 244 of 2019).

E16

Power pursuant to section exercised (2.06.2016) by Animal Health and Welfare (Bovine Tuberculosis) (Amendment) Regulations 2016 (S.I. No. 309 of 2016).

E17

Power pursuant to section exercised (1.04.2015) by Animal Health and Welfare (Bovine Tuberculosis) Regulations 2015 (S.I. No. 58 of 2015), in effect as per reg. 1(2).