S.I. No. 244/2019 - Diseases of Poultry (Compensation) Regulations 2019

1. These Regulations may be cited as the Diseases of Poultry (Compensation) Regulations 2019.

2. In these Regulations-

“Act” means Animal Health and Welfare Act 2013;

“poultry” means birds that are reared or kept in captivity for the production of meat or eggs for consumption, the production of other products, for restocking supplies of game birds or for the purposes of any breeding programme for the production of these categories of birds.

3. The value, for the purpose of compensation, of poultry killed or destroyed under section 30 (1) of the Act, shall be assessed using poultry valuations approved by the Minister which take account, as appropriate, of factors such as species, type, age, sex and husbandry system operated in respect of the poultry to which an application for compensation relates.

4. If the Minister or the owner of poultry or other captive bird, or a product of poultry, poultry feed or other thing relating to poultry, is dissatisfied with a valuation, he or she may, not later than 7 days of the date of that valuation, request that a second valuation be carried out by a person appointed under Regulation 5.

5. The Minister may appoint in writing such persons as he or she considers appropriate for the purposes of section 32 (5) of the Act.

6. The Minister may appoint in writing such persons as he or she considers appropriate for the purposes of section 33 of the Act.

7. Compensation is not payable in respect of a pet bird, the product of a wild bird, or eggs of pigeons, doves, peafowl, swans or birds of the species

psittaciforme

.

8. The following are revoked

(

a

) Part 16 of the European Communities (Control of Avian Influenza) Regulations 2006 (No. 701 of 2006), as amended by the European Union (Control of Avian Influenza) Regulations 2006 (Amendment) (No. 2) Regulations 2014 (No. 570 of 2014), and

(

b

) Regulations 16, 17, 18 and 19 of the European Communities (Newcastle Disease) Regulations 2012 (No. 57 of 2012).

GIVEN under my Official Seal,

29 May 2019.

MICHAEL CREED

Minister for Agriculture, Food and the Marine.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations provide for the determination of the method of assessment, for the purpose of compensation, of the value of poultry affected by disease.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

7

th June,

2019.

I, Michael Creed, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by

sections 32

and

34

of the

Animal Health and Welfare Act 2013

(No. 15 of 2013), and, in relation to Regulation 8 of these Regulations,

section 3

of the

European Communities Act 1972

(No. 27 of 1972), hereby make the following regulations