[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/diaai1933470.txt

[New search] [Help]

DESTRUCTIVE IMPORTED ANIMALS ACT (NORTHERN IRELAND) 1933

DESTRUCTIVE IMPORTED ANIMALS ACT (NORTHERN IRELAND) 1933 - LONG TITLE

An Act to make provision for prohibiting or controlling the
importation into and the keeping within Northern Ireland of
destructive non-indigenous animals, for exterminating any such animals
which may be at large, and for purposes connected with the matters
aforesaid.{1}
[28th March 1933]
1932 c.12

And whereas it is enacted by sub-section (2) of section twelve of
the said Act that the said Act shall not extend to Northern
Ireland, and that for the purposes of the Government of Ireland
Act, 1920, the enactment of legislation for purposes similar to the
purposes of the said first-mentioned Act shall not be deemed to be
beyond the powers of the Parliament of Northern Ireland by reason
only of the restrictions on those powers contained in section four
of the Government of Ireland Act, 1920:

DESTRUCTIVE IMPORTED ANIMALS ACT (NORTHERN IRELAND) 1933 - SECT 1
Power to prohibit or control the importation or keeping of musk
rats.

1.(1) The Ministry of Agriculture may prohibit by order either
absolutely, or except under a licence granted under this Act, the
importation into and the keeping within Northern Ireland of any
animal of the species designated Fiber zibethicus or Ondatra
zibethica, and commonly known as the musk rat, or musquash.

An order made under this sub-section may prohibit absolutely the
importation of musk rats notwithstanding that the keeping of them is
not prohibited absolutely.

(2) Every order made under sub-section (1) of this section shall,
so soon as may be after it is made, be laid before each House of
Parliament. If either House of Parliament, within the statutory
period next after any order made as aforesaid has been laid before
such House, resolves that the order shall be annulled, the order
shall, after the date of the resolution, be void, but without
prejudice to the validity of anything previously done thereunder or
to the making of a new order.

DESTRUCTIVE IMPORTED ANIMALS ACT (NORTHERN IRELAND) 1933 - SECT 2
Power to make regulations and prescribe form of licences.

2. For the purpose of enabling effect to be given to orders made
under the foregoing section of this Act, the Ministry of Agriculture
may

(a)make regulations with respect to the ports and other places at
which musk rats may be imported under a licence, the form of
container to be used for their transport from place to place, the
nature of the premises upon which, and the manner in which, musk
rats may be kept under a licence, and the precautions to be taken
against their escape;

(b)prescribe the forms of licences to be used under this Act, the
duration of such licences and the conditions to be attached thereto;
and

(c)with the approval of the Ministry of Finance, prescribe the fees
to be charged in respect of the grant or renewal of such licences.

DESTRUCTIVE IMPORTED ANIMALS ACT (NORTHERN IRELAND) 1933 - SECT 3
Grant and revocation of licences.

3. The Ministry of Agriculture may at its discretion

(a)upon payment by an applicant of the prescribed fee, grant to him
a licence in the prescribed form authorising him to import and
keep, or to keep, musk rats in accordance with the conditions of
the licence and with the regulations, and from time to time renew
any licence so granted; and

(b)revoke any such licence, if it is shown to the satisfaction of
the said Ministry that the holder thereof has failed to comply with
any condition of the licence or with any of the regulations, or
has been convicted of an offence under this Act.

DESTRUCTIVE IMPORTED ANIMALS ACT (NORTHERN IRELAND) 1933 - SECT 4
Power of inspection.

4. While an order under section one of this Act is in force, any
authorised officer or other authorised person shall at all reasonable
times be permitted, on production of his authority if so required,
to enter and inspect any land occupied by a person holding a
licence under this Act and any other land in a case where he has
reason to believe that musk rats are being kept or may be found
thereon.

DESTRUCTIVE IMPORTED ANIMALS ACT (NORTHERN IRELAND) 1933 - SECT 5
Provisions as to musk rats found on land or premises.

5. At any time while an order under section one of the Act is in
force, the following provisions shall have effect:

(a)The occupier of any land who knows that musk rats, not being
musk rats kept by him under a licence, are to be found on such
land shall forthwith give notice to the Ministry of Agriculture;

(b)The Ministry of Agriculture, so soon as the said Ministry becomes
aware that musk rats, not being musk rats kept under a licence,
are to be found on any land, may take such steps as the said
Ministry considers necessary for the destruction of the musk rats,
and for that purpose it shall be the duty of the occupier of the
land to afford all such facilities as are within his power to any
authorised officer or other authorised person;

(c)The Ministry of Agriculture may authorise a committee of the
council of any county (including a county borough) to exercise
within that county, on behalf and at the expense of the said
Ministry, the powers of the said Ministry under paragraph (b) of
this section;

(d)No criminal prosecution shall be brought, and no action for
damages shall lie, in respect of the killing or wounding of any
musk rat which is found at large.

DESTRUCTIVE IMPORTED ANIMALS ACT (NORTHERN IRELAND) 1933 - SECT 6
Provisions as to offences.

6.(1) Any person who

(a)at a time when the importation of musk rats is prohibited
absolutely, imports or attempts to import any musk rat into Northern
Ireland, or, at a time when such importation is prohibited except
under a licence, imports or attempts to import any musk rat into
Northern Ireland without having in force a licence authorising such
person so to do; or

(b)at a time when the keeping of musk rats is prohibited
absolutely, keeps any musk rat in Northern Ireland, or, at a time
when the keeping of musk rats is prohibited except under a licence,
keeps any musk rat in Northern Ireland without having in force a
licence authorising such person so to do; or

(c)being the holder of a licence granted to such person under this
Act, acts in contravention of or fails to comply with any
regulation made under this Act, or any condition of his licence; or

(d)turns loose any musk rat, or wilfully allows any musk rat to
escape; or

(e)obstructs any authorised officer or other authorised person in the
execution of his duty under this Act; or

(f)wilfully fails to give a notice which he is required by
paragraph (a) of the last preceding section of this Act to give;

In the case of an offence under paragraph (a), paragraph (b), or
paragraph (d) of this sub-section, a fine of [#100], or if the
offence was committed in respect of more than four animals, a fine
of [#25] in respect of each animal;

In the case of an offence under paragraph (c) of this sub-section,
a fine of [#20] and a further fine of [#5] for each day on which
the offence continues after conviction therefor;

In the case of an offence under paragraph (e) of this sub-section,
a fine of [#50];

In the case of an offence under paragraph (f) of this sub-section,
a fine of [#20].

The court before which any person is convicted of an offence under
paragraph (a), paragraph (b), or paragraph (c) of this sub-section
may order any musk rats in respect of which the offence was
committed to be forfeited and destroyed.

(2) Any member of the Royal Ulster Constabulary, and any authorised
officer or other authorised person, may seize any musk rats with
respect to which such member, officer or person has reason to
believe that an offence under paragraph (a) of sub-section (1) of
this section has been committed, and may detain such rats pending
the determination of any proceedings to be instituted under the said
sub-section, or until the Ministry of Agriculture is satisfied that
no such proceedings are likely to be instituted.

DESTRUCTIVE IMPORTED ANIMALS ACT (NORTHERN IRELAND) 1933 - SECT 7
Saving in respect of animals kept for exhibition, etc.

7.(1) A person who desires to keep musk rats for exhibition, or
for purposes of scientific research or other exceptional purposes,
may apply to the Ministry of Agriculture, and the said Ministry at
its discretion may grant to him a special licence (which may be
revoked by the said Ministry at any time) authorising him to import
and keep such limited number of musk rats, in such manner and upon
such conditions, as may be specified in the licence.

(2) A special licence may be granted under this section and shall
have effect according to its tenor, notwithstanding that the acts
authorised by it are for the time being prohibited by an order
made under section one of this Act.

DESTRUCTIVE IMPORTED ANIMALS ACT (NORTHERN IRELAND) 1933 - SECT 8
Power to extend provisions of Act to destructive non-indigenous
animals other than musk rats.

8.(1) If at any time the Ministry of Agriculture is satisfied with
respect to animals of any non-indigenous mammalian species that by
reason of their destructive habits it is desirable to prohibit or
control the importation or keeping of them and to destroy any which
may be at large, the said Ministry may make with respect to
animals of that species any such order as the said Ministry is
empowered by sub-section (1) of section one of this Act to make
with respect to musk rats, and thereupon all the provisions of this
Act shall apply in relation to animals of that species as they
apply in relation to musk rats, subject, however, to such exceptions
and modifications, if any, as may be specified in the order:

Provided that, notwithstanding anything in sub-section (2) of section
one of this Act, an order made under this section shall be of no
effect until a resolution approving it has been passed by each
House of Parliament.

(2) In this section the expression "non-indigenous mammalian species"
means a mammalian species which at the date of the commencement of
this Act was not established in a wild state in Northern Ireland,
or had only become so established during the preceding fifty years:

Provided that nothing in this section shall apply to any species
which was at the said date commonly kept in Northern Ireland in a
domesticated state.

DESTRUCTIVE IMPORTED ANIMALS ACT (NORTHERN IRELAND) 1933 - SECT 9
Interpretation.

9. In this Act, unless the context otherwise requires, the following
expressions have the meanings hereby assigned to them, that is to
say:

"Authorised" means authorised by the Ministry of Agriculture:

"Land" includes land covered with water and any buildings and any
other erection on land and any cellar, sewer, drain, or culvert in
or under land:

"Occupier" means, in the case of land not occupied by any tenant
or other person, the owner of the land:

"Statutory period" means...

definition in 1954 c.33 (NI) s.41(2) substituted by 1979 NI12 art.10

DESTRUCTIVE IMPORTED ANIMALS ACT (NORTHERN IRELAND) 1933 - SECT 10
Short title.

10. This Act may be cited as the Destructive Imported Animals Act
(Northern Ireland), 1933.