ACT No. XXXV of 2014 AN ACT to amend the Animal Welfare Act, Cap.439.

I assent.

M ARIE L OUISE

(L.S.)

C OLEIRO P RECA

President

21st October, 2014

ACT No. XXXV of 2014

AN ACT to amend the Animal Welfare Act, Cap.439.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows:-

(1) The short title of this Act is the Animal Welfare

(Amendment) Act, 2014, and this Act shall be read and construed as

one with the Animal Welfare Act, hereinafter referred to as "the

principal Act".

(2) This Act shall come into force on such date as the Minister

may by notice in the Gazette establish, and different dates may be so

established for different provisions of this Act.

(3) A notice under sub-article (2) may make such transitional

provisions as appear to the Minister to be necessary or expedient in

connection with the provisions thereby brought into force.

Article 2 of the principal Act shall be amended as follows

(a) immediately after the definition "bred animals"

there shall be added the following new definitions

" "circus" means any place where animals are

introduced for the purpose of performance, manoeuvres

and shows or otherwise and shall include any place where

animals used in such circuses are kept or trained;

"circus operator" means the owner of a circus, or

any person responsible for the operations of a circus, or the

administrator or agent thereof;

"circus promoter" means any person responsible

for the organisation or promotion of a circus in Malta, or

the administrator or agent thereof;

"Commissioner" means the Commissioner for

Animal Welfare as appointed under this Act and includes

any officer assigned to assist the Commissioner and

authorised by him in that behalf;";

(b)

the definition "Director" shall be deleted;

(c)

immediately after the definition "Department" there

shall be added the following new definitions

"Director for Animal Welfare" means the Director

for Animal Welfare appointed under this Act and shall

have the functions, powers and duties as are vested in him

under this or by this Act or any regulations made

thereunder;

"Director for Veterinary Services" means the

Director for Veterinary Services as defined in the

Veterinary Services Act and includes, to the

extent of the authority given, any officer

authorised by him, in writing, to act in that

behalf for any of the purposes of this Act;";

(d) immediately after the definition "Minister" there

shall be added the following new definition

" "non-governmental organisation" means a

voluntary organisation that has been established

principally with the objective of promoting and

advocating for animal welfare, animal rights or

caring of animals, and which has been enrolled

with the Commissioner for Voluntary

Organisations under the Voluntary Organisations

Act;"; and

(e)

immediately after the definition "veterinary

surgeon" there shall be added the following new definition

" "Veterinary Surgeons’ Council" means

the Council established under article 39 of the

Veterinary Services Act.".

In sub-article (2) of article 3 of the principal Act, for the

words "The State recognises" there shall be substituted the words

"The State recognises that animals are sentient beings and".

Article 4 of the principal Act shall be substituted by the

following

" Council for

4. (1)

There shall be a Council, to

Animal

be known as the Council for Animal Welfare,

Welfare.

consisting of a Chairman and eleven

members, which shall exercise and perform

the functions assigned to it by this Act or by

any other law.

(2) The Council for Animal Welfare

shall be composed as follows

(a)

a Chairman, appointed by

the Prime Minister, after consultation

with the Minister;

(b) the Director for Veterinary

Services or his representative;

(c)

the Director for Animal

Welfare or his representative;

(d) a representative of the

Ministry responsible for veterinary

services;

(e)

one veterinary surgeon,

employed in the public service, with

experience in animal health medicine;

(f)

one veterinary surgeon,

employed in the public service, with

experience in farm animals’ matters;

(g) one veterinary surgeon with

experience in private practice on small

animals appointed after consultation

with bodies representing private

veterinary surgeons in Malta;

(h) two persons from non-

governmental organisations;

(i)

one person from amongst

such persons or groups representing the

interests of animal welfare and animal

rights; and

(j)

two persons representing the

interests of livestock breeders and

animal sport groups.

(3) The members referred to in sub-

article (1)(b) to (j), both inclusive, shall be

appointed by the Minister for such terms as

the Minister shall decide from time to time.

(4) The members referred to in sub-

article (1)(h) to (j), both inclusive, shall be

appointed by the Minister from such persons

who, in the opinion of the Minister, best

represent the persons, groups or non-

governmental organisations.

(5) The Minister shall appoint a

Deputy Chairman from amongst the members

of the Council.

(6) The Minister shall appoint a

secretary to the Council.

(7) Subject to the provisions of this

Act and to any regulations made thereunder

the Council shall regulate its own

proceedings

Provided that the Council may act

notwithstanding any vacancy amongst its

members.

(8) The Council shall have the power

to co-opt, without the right to vote, or allow

the presence of persons who are not members

of the Council.

(9) The Council, with the concurrence

of the Minister, shall have the power to

appoint sub-committees to deal with specific

matters including farm animal housing

systems,

biotechnology

and

animal

experiments.

(10) The Minister may terminate the

appointment of a member of the Council, and

in the case of the Chairman of the Council the

Prime

Minister

may

terminate

the

appointment thereof, if he is satisfied that

(a)

without the consent of the

Council, he failed to attend the meetings

during a continuous period of four

months;

(b) he is an undischarged

bankrupt or has made an arrangement

with his creditors, or is insolvent or has

been found guilty of an offence

affecting public trust or any offence

under this Act or any regulations made

thereunder;

(c)

if, being a member chosen

on the basis of his representative status,

he ceases to retain such representative

status

Provided that this sub-article shall

not be construed to restrict the powers of the

Minister and Prime Minister to terminate the

appointment of any member or the Chairman

of the Council at any time if deemed

appropriate.".

In paragraph (e) of article 5 of the principal Act, for the

words "the Minister, in issuing regulations,", there shall be

substituted the words "advise the Minister, in issuing regulations,".

In article 6 of the principal Act, the words "Subject to the

provisions of such regulations and of this Act, the Council may

regulate its own procedures." shall be deleted.

Immediately after sub-article (3) of article 8 of the

principal Act, there shall be added the following new sub-article

"(4) Any person shall take such steps as are reasonable in

all the circumstances to ensure that the needs of an animal for

which he is responsible or for which he agrees to look after shall

be met to the extent required by good practice and in pursuance

to the good health and well-being of the animal. For the

purposes of this sub-article, animal needs include the provision

of suitable environment, provision of a healthy diet, allowance

for the animal to exhibit normal behavioural patterns, provision

of suitable housing, segregation from other animals where

necessary and protection from pain, suffering, injury and

diseases.".

In sub-article (1) of article 9 of the principal Act, for the

words "other than for curative purposes, shall be illegal.", there shall

be substituted the words "other than for curative purposes, shall be

illegal, unless otherwise prescribed in regulations made under this

Act.".

In sub-article (1) of article 13 of the principal Act, for the Amendment of

words "or another competent person", there shall be substituted the article

principal Act.

words "or another competent person as specified in regulations made

under this Act".

In sub-article (2) of article 15 of the principal Act, for the Amendment of

word "Director" there shall be substituted the words "Director for article

principal Act.

Veterinary Services".

Sub-article (1) of article 17 of the principal Act shall be Amendment of

article 17 of the

amended as follows

principal Act.

(a)

for the word "Director" there shall be substituted the

words "Director for Veterinary Services"; and

(b)

the words "on the advice of the Council" shall be

deleted.

Article 19 of the principal Act shall be amended as Amendment of

article 19 of the

follows

principal Act.

(a)

for the word "Director" there shall be substituted the

words "Director for Veterinary Services"; and

(b) in paragraph (b) thereof, for the words "of the

Council" there shall be substituted the words "of the Director

for Veterinary Services".

In paragraph (c) of sub-article (1) of article 23 of the Amendment of

principal Act, for the word "Director" there shall be substituted the article

principal Act.

words "Director for Veterinary Services".

In article 25 of the principal Act, for the word "Director" Amendment of

there shall be substituted the words "Director for Veterinary article

principal Act.

Services".

Sub-article (1) of article 26 of the principal Act shall be Amendment of

article 26 of the

substituted by the following

principal Act.

"(1) During the transportation of animals, the transporter

shall, at all times, carry appropriate documentation issued in

accordance with article 23.".

Immediately after article 31 of the principal Act, there

shall be added the following new Part and new articles

"Part X A

Circuses

It shall not be lawful for any person to

Prohibition of

use of animals in

use animals for performances, exhibitions, shows

circuses.

or for the training thereof in circuses.

It shall not be lawful for any person,

Prohibition of

promotion of

including circus operators and circus promoters,

circuses using

animals.

to promote, advertise or allow the promotion or

advertisement of circuses using animals in Malta.

If a circus operator or circus promoter

Contravention or

failure to

contravenes or fails to comply with the

comply with this

Part.

provisions of this Part or of any regulations made

thereunder, without prejudice to the provisions of

Part XIV of this Act, the Director for Veterinary

Services shall be authorised to

(a)

order the cancellation of

permits or licences for the establishment

and operation of circuses in Malta;

(b) order the closure of the circus

or part thereof; and

(c)

issue any temporary measure as

the Director for Veterinary Services may

deem necessary to ensure the welfare of

animals in circuses, including orders for the

treatment, relocation or forfeiture of

animals, which temporary orders shall

remain in force until such time the Court

makes any order under this Act.

Without prejudice to the provisions of

Treatment,

relocation or

Part XIV of this Act, the Court may issue such

forfeiture of

animals used in

orders for the treatment, relocation or forfeiture

circuses.

of animals used in circuses or kept for the

purpose of use in circuses.

The provisions of this Part shall not

Exemption.

apply to zoos licensed under this Act on the

grounds that the exemption does not jeopardise

the objectives of the provisions of this Act.

The Minister may make regulations to

Power of

Minister to make

provide for the enforcement of any restriction

regulations.

imposed on the use of animals in circuses referred

to in this Act.".

17. In sub-article (1) of article 32 of the principal Act, for the Amendment of

words "on the advice of the Council", there shall be substituted the article

principal Act.

words "on the advice of the Council, in conjunction with the Director

for Veterinary Services,".

18. In paragraph (b) of sub-article (3) of article 37 of the Amendment of

principal Act, for the words "for a continuous period of one year." article

principal Act.

there shall be substituted the words "for a continuous period of one

year;", and immediately thereafter there shall be added the following

new paragraph

"(c) the person for whom the licence is issued has been

found guilty of an offence under this Act or an offence affecting

public trust.".

19. Sub-article (2) of article 43 of the principal Act shall be Amendment of

article 43 of the

substituted by the following

principal Act.

"(2) Save as may otherwise be prescribed, aggressive

animals shall not be kept in stock and may be slaughtered or

culled if this is deemed to be necessary or expedient by the

Director for Veterinary Services or Director for Animal

Welfare.".

20. For the heading of Part XIII of the principal Act there shall Substitution of

heading of Part

be substituted the following

XIII of the

principal Act.

"Commissioner for Animal Welfare and

Animal Welfare Officers".

21. Article 44 of the principal Act shall be substituted by the Substitution of

article 44 of the

following

principal Act.

"44. (1) The Minister may make regulations to provide

for and to regulate the duties and powers of officials, hereinafter

referred to as "animal welfare officers".

(2) Without prejudice to the provisions of sub-article

(1), every member of the Malta Police Force and any local

warden shall, by virtue of his office, be deemed to be an animal

welfare officer appointed to act generally for the purposes of

this Act.

(3) Animal welfare officers shall act under the direction

of the Director for Animal Welfare in the exercise and

performance of their powers, duties, and functions conferred or

imposed upon them under this Act.".

22. Immediately after article 44 of the principal Act there shall

Addition of new

article to the

be added the following new article

principal Act.

" Commissioner

(1) There shall be a Commissioner

for Animal

for Animal Welfare who shall be appointed by

Welfare.

the Prime Minister after consultation with the

Minister.

(2) The Commissioner shall have the

following functions

(a)

promote the implementation of

and compliance with the provisions of this

Act;

(b) promote and advocate for

animal welfare and the highest standards of

health, keeping and treatment of animals;

(c)

promote educational campaigns

and social dialogue on issues relating to

animal welfare;

(d) cooperate

and

make

arrangements with entities or persons

interested in animal welfare to enable him

to better monitor the implementation of and

compliance with the provisions of this Act;

(e)

to make recommendations to

the Minister and the Council on the making

of standards, guidelines and regulations

relating to animal welfare;

(f)

review and investigate, either

out of his own motion or following a

complaint received by him, the functions

and workings of the Council, the

Directorate of Veterinary Services, or the

Directorate responsible for Animal

Welfare;

(g) prepare and publish a report of

the findings in any formal investigation and

shall include in it such recommendations

and redress as appears to be necessary or

expedient; and

(h) the performance of such other

functions as may from time to time be

assigned to the Commissioner by the

Minister.

(3) No person shall be qualified to hold

the office of Commissioner if such person

(a)

is a Member of the House of

Representatives; or

(b) is serving as a judge or

magistrate; or

(c)

is legally incapacitated or

interdicted; or

(d) is an undischarged bankrupt,

having been adjudged or otherwise

declared bankrupt under any law in force in

Malta, or has made a composition or

arrangement with his creditors; or

(e)

is interdicted or incapacitated

for any mental infirmity or for prodigality

by a court in Malta, or is otherwise

determined to be of unsound mind; or

(f)

has been convicted of a crime

affecting public trust or theft or fraud, or of

knowingly receiving property obtained by

theft or fraud, or an offence against this Act

or regulations made thereunder.

(4) The Minister may make regulations

generally concerning the office of the

Commissioner.".

23. Immediately after article 44A of the principal Act, there Addition of new

Part and new

shall be added the following new Part and new article

article to the

principal Act.

"Part XIII A

Enforcement Powers

(1) Notwithstanding the provisions

Enforcement

powers.

of any other law, for the purposes of carrying out

their functions under this Act, the Director for

Veterinary Services, the Director for Animal

Welfare, animal welfare officers or any such

officer or person as may be authorised by the

Director for Veterinary Services or Director for

Animal Welfare, shall have the right to

(a)

enter any premises, public or

private, at all reasonable times, and in the

case of a dwelling house after giving

reasonable notice of at least twenty-four

hours, to inspect, detect and investigate any

offence under this Act which has been or is

likely to be committed, to collect evidence

and, without prejudice to the generality of

the powers to examine under this Act, such

persons shall have the power to examine

any animal, food, medicine, structure,

animal housing system, enclosure, vehicle,

station,

documents,

equipment

or

laboratory. Any person entering any

premises in pursuance to this sub-article

shall produce his authority or his identity

prior to or upon entering such premises;

(b) seize any animal which has

been subject or likely to be subject to ill

treatment or in relation to which an offence

under this Act has been or is likely to be

committed and to forfeit, seal off and

render non-functional any equipment,

apparatus or materials used in offences;

(c)

inspect all records, licences,

permits and notifications issued under this

Act or required to be kept or preserved

under this Act;

(d) carry out inspections, elevate

samples, take photographs, film, video

recording or electronic image in order to

verify compliance with this Act or any

conditions subject to which a licence or

permit is issued under this Act;

(e)

be

furnished

with

such

information as such person may reasonably

require with respect to any matter regulated

by this Act;

(f)

monitor any activity, elevate

samples, take photographs, a film, video

recording or electronic image in pursuance

to any investigations of offences under this

Act; and

(g) generally ensure compliance

with the provisions of this Act.

(2) For the purpose of performance of any

functions under this Act, the Director for

Veterinary Services, Director for Animal

Welfare, animal welfare officers or any other

such officer or person as may be authorised by

the Director for Veterinary Services or Director

for Animal Welfare may request the assistance of

the Malta Police Force, any local council, any

department of Government or any agency of

Government.

(3) The provisions of sub-article (1) shall

be without prejudice to the powers of the Police,

local wardens, the Comptroller of Customs, the

Director for Veterinary Services or of any other

authority under the Criminal Code or other law.

(4) The Director for Veterinary Services,

the Director for Animal Welfare, animal welfare

officers or any other officers appointed or

authorised under this Act shall, notwithstanding

any other law, have the right to assist the Police

in the conduct of prosecution under this Act or

regulations made thereunder and to plead the

case before the court.

(5) Any person who hinders, obstructs,

molests or interferes with or attempts to hinder,

obstruct, molest or interfere with the Director for

Veterinary Services, Director for Animal

Welfare, any animal welfare officer or such other

person appointed by the Director for Veterinary

Services or Director for Animal Welfare, or any

officer of the Malta Police Force, local warden,

or public officer, employee or servant of any

department of Government or of any

Government agency in the execution of duties

under this Act or regulations made thereunder or

fails to comply with any reasonable requirement

demanded of him by any such person as

aforesaid or otherwise to assist him in the

carrying out the said duties, or who knowingly

furnishes such person with false or misleading

information or neglects or refuses to give any

information required for the purpose of the

aforesaid shall be guilty of an offence under this

Act.".

24. Article 45 of the principal Act shall be substituted by the

following

"45. (1) Any person who acts in violation of this Act or in

breach of regulations made thereunder shall

(a) on first conviction, be liable to a fine (multa)

of not less than one thousand euro (€1,000) but not

exceeding fifty five thousand euro (€55,000) or to a term

of imprisonment for a period not exceeding three years or

to both such fine and imprisonment;

(b) on a second or subsequent conviction, be

liable to a fine (multa) of not less than five thousand euro

(€5,000) but not exceeding eighty thousand euro (€80,000)

or to a term of imprisonment for a period not exceeding

three years or to both such fine and imprisonment.

(2) The liability of an offender under sub-article (1)

shall be without prejudice to the powers of the Director for

Veterinary Services, Director for Animal Welfare or any other

officer to suspend or revoke any licence, permit or authorisation

issued under this Act or any regulations made thereunder.

(3) Without prejudice to the provisions of sub-article

(1), any person found guilty of committing an offence under this

Act may, in addition to the penalties prescribed under the last

foregoing sub-article, be ordered by the Court to pay for any

expenses incurred for the treatment, relocation or forfeiture of

animals from any place in Malta, the revocation of any permits

issued for the operation of any activity regulated under this Act

and for other reasonable expenses as the Court may deem fit.

(4) The provisions of this Act shall be without prejudice

to any criminal proceedings or any other proceedings that may

be instituted under other laws.".

25. In article 46 of the principal Act, for the words "fifty-eight

thousand two hundred and thirty-four euro and thirty-three cents

(58,234.33)" there shall be substituted the words "eighty thousand

euro (€80,000)".

26. Article 47 of the principal Act shall be amended as

follows

(a)

in sub-article (1) thereof, for the word "Director"

there shall be substituted the words "Director for Veterinary

Services or Director for Animal Welfare";

(b) in paragraph (c) of sub-article (2) thereof, for the

word "Director" there shall be substituted the words "Director

for Veterinary Services or Director for Animal Welfare";

(c)

in sub-article (3) and in its paragraph (a) thereof, for

the word "Director" there shall be substituted the words

"Director for Veterinary Services or Director for Animal

Welfare";

(d) in sub-article (4) and in its paragraph (b) thereof, for

the word "Director" there shall be substituted the words

"Director for Veterinary Services or Director for Animal

Welfare";

(e)

in sub-article (5) thereof, for the word "Director"

there shall be substituted the words "Director for Veterinary

Services or Director for Animal Welfare";

(f)

sub-article (7) thereof shall be deleted;

(g) sub-article (8) thereof shall be renumbered as sub-

article (7) thereof; and

(h) in sub-article (7) thereof, as renumbered, for the

word "Director" there shall be substituted the words "Director

for Veterinary Services or Director for Animal Welfare".

27. In sub-articles (1), (3), (4) and (6) of article 49 of the Amendment of

principal Act, for the word "Director", wherever it occurs, there shall article

principal Act.

be substituted the words "Director for Veterinary Services or Director

for Animal Welfare".

Passed by the House of Representatives at Sitting No. 187 of the

15th October, 2014.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€1.44