Animal Health and Welfare Act 2013

71D.

F41[Compensation for licensees under Musk Rats Act 1933.

71D

71D. (1) A licensee may, subject to this Part and the regulations, make an application to the Minister for compensation for income losses, non-income losses and costs incurred by the licensee as a direct result of the licensee’s ceasing to carry on the business of the fur farming of mink by reason of the enactment of this Part.

(2) The Minister shall, on application by a licensee to him or her in accordance with subsection (1) and the regulations, pay the licensee such compensation as may be determined in accordance with this Part.

(3) For the purposes of this Part, the Minister may make regulations—

(a) specifying the income losses, non-income losses and costs in respect of which compensation shall be payable,

(b) providing for the basis of valuation for assessing income losses and non-income losses,

(c) providing, in respect of a particular income loss, non-income loss or type of costs—

(i) that a specified amount of compensation shall be payable, or

(ii) the basis on which the amount of compensation payable (which may be subject to a maximum amount) shall be determined,

(d) providing, subject to any conditions set out in the regulations, for the types of costs reasonably incurred for which compensation may be payable, including the following costs:

(i) costs of disposal of breeding mink;

(ii) demolition and clean-up costs in respect of the removal of any buildings, specialised fencing or other structures used for the fur farming of mink that cannot reasonably be used for any other purpose;

(iii) amounts paid by the applicant to any redundant workers in accordance with section 19 of the Act of 1967;

(iv) costs incurred by the applicant for services provided to the applicant—

(I) by a chartered accountant or a public relations professional, or both, for any representations to the Minister made on behalf of the applicant during the 12 month period immediately before the date of enactment of this Part and ending on the date immediately preceding that date in respect of proposals to prohibit the fur farming of mink, and

(II) by a chartered accountant or a valuation professional, or both, in the preparation of the applicant’s application and in providing assistance to the applicant during the course of the assessor’s consideration of the applicant’s application,

(e) authorising the Minister to make, in specified circumstances, an advance payment to an applicant in respect of any particular income loss, non-income loss or type of cost and providing for the manner, including the setting off or recovery of the advance payment against any compensation payments to be made under this Part, in which the advance payment is to be repaid,

(f) subject to section 71E, providing for the manner of appointment of an assessor and the terms and conditions of such an appointment,

(g) specifying the form and content of an application, the documents and other information that are to accompany it and the period within which an application is to be submitted,

(h)  specifying the procedures to be followed by the assessor in his or her consideration of an application, and

(i) providing for any other related matters including such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations.]

Annotations:

Amendments:

F41

Inserted (9.12.2022) by Animal Health and Welfare and Forestry (Miscellaneous Provisions) Act 2022 (4/2022), s. 7, S.I. 640 of 2022.

Editorial Notes:

E138

Power pursuant to section exercised (9.12.2022) by Animal Health and Welfare (Fur Farming Compensation Scheme) Regulations 2022 (S.I. No. 650 of 2022), in effect as per reg. 1(2).