ANIMAL WELFARE ACT

CHAPTER 439

ANIMAL WELFARE ACT

To establish and consolidate the protection of animals kept for work, sport,

companionship and food.

8th February, 2002

ACT XXV of 2001, as amended by Legal Notice 426 of 2007; and Acts V

of 2007, V of 2011, XXXV of 2014 XXII of 2019, XXI of 2020, XXXIX of

2021 and LXIV of 2021, I of 2023, XXXVII of 2024 and XV of 2025.

Preliminary

(1)

The short title of this Act is the Animal Welfare Act.

(2) The scope of this Act is to establish and consolidate the

protection and well-being of animals kept for work, sports, shows,

commercial reasons, companionship, food, conservation, education, as

private collections, medical reasons and experimentation.

In this Act, unless the context otherwise requires -

"animal" means all living members of the animal kingdom, other

than human beings, and includes free-living larval and, or,

reproducing larval forms, but does not include foetal or embryonic

forms;

"animal experiment" means any use of any animal for

experimental or other scientific purposes which may cause it pain,

suffering distress or lasting harm, including any course of action

intended, or liable, to result in the birth of an animal in any such

condition. An animal experiment starts when an animal is first

prepared for use and ends when no further observations are to be

made for that experiment. The elimination of pain, suffering,

distress or lasting harm by the successful use of anaesthesia or

analgesia or other methods does not place the use of an animal

outside the scope of this definition;

"Authority" means the Food Safety and Security Authority as

established in article 4 of the Food Safety and Security Authority Act

and shall include, to the extent of the authority given by the

aforementioned Authority, any of its officers authorised in writing to

act on its behalf for the purposes of this Act;

"animal welfare officer" means an official appointed under

article 44 and also includes every member of the police or a

community officer;

"bred animals" means animals specifically bred for the use in

experiments in facilities approved by, or registered with, the

Council;

"circus" means any exhibition put on by exhibitors for profit, and

viewed by the public for entertainment which offers amusement and

display, and where animals are made to perform tricks or manoeuvres,

which do not reflect their natural behaviour or does not offer any

educational value;

"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;

''community officer'' means any community officer appointed

under the Private Guards and Community Officers Act;

"competent person" means those individuals designated as such

by the Minister for any purposes of this Act;

"Council" means the Council for Animal Welfare established by

article 4;

"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;

"Directorate" means the Animal Welfare Directorate;

"ill treatment", in relation to an animal, means causing the

animal to suffer, by any act or omission, pain or distress which in

its kind or degree, or in its object, or in circumstances in which it is

inflicted, is excessive or unnecessary;

"marking" in relation to an animal means

(a) marking that animal by any method for the purpose of

distinguishing that animal or animals of that type from

others; and

(b) includes affixing or applying to, or implanting in, that

animal for the purpose of distinguishing that animal or

animals of that type from others, any band, ring, clip,

tag, electronic identification device, or paint or any

other thing;

"Minister" means the Minister responsible for animal welfare

and includes, to the extent of the authority given by the said

Minister, any officer authorised in writing to act on his behalf for

the purposes of this Act

Provided that for food related matters and the Authority, the

Minister responsible shall be the Minister responsible for food;

"non-governmental organisation" means a voluntary organisation

t ha t has be en esta bl ish ed p ri ncipally with t he o bjective 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;

"prescribed" means prescribed by rules or regulations made by

the Minister under this Act;

"tether" means to restrain an animal by tying it to any stationary

object or structure, by any means, including but not limited to a chain,

rope, cord, leash, pulley or cable run, but shall not include the use of a

leash when walking a domestic animal in a public place;

"veterinary surgeon" means a person licensed by the President of

Malta to practice as a veterinary surgeon in Malta and registered in

the Veterinary Surgeons Register kept by the Veterinary Surgeons

Council;

"Veterinary Surgeons’ Council" means the Council established

under article 39 of the Veterinary Services Act.

Part I

Animal Welfare

(1) The State shall endeavour, in accordance with the

provisions of this Act, to protect the life of animals and to prevent

and punish acts of ill-treatment in their regard. In particular the

state shall protect such animals from undue labour and work

practices which are beyond and not consonant with their nature.

(2) The State recognises that animals are sentient beings and

that it has the duty to promote the welfare of animals, and that the

welfare of animals is to be protected through the intervention of the

State through its legislative, judicial and administrative organs.

(3) The State recognises that it is its duty to collaborate with

voluntary organisations in the field of animal welfare, and that it is

its duty to promote the culture of respect towards animals.

Part II

Establishment of a Council for Animal Welfare

(1) There shall be a Council, to be known as the Council

for Animal 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) Deleted by Act XV.2025.38.

(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.

(11) No person shall be qualified to be a member of the Council

for Animal Welfare if such person

(a) is a Member of the House;

(b) is serving as a judge or magistrate;

(c) is legally incapacitated or interdicted;

(d) is an undischarged bankrupt, having been adjudged or

otherwise declared bankrupt under any law in force in

Malta, or has made composition or arrangement with

his creditors;

(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 and, or regulations made thereunder and, or an

offence against the Veterinary Services Act and, or

regulations made thereunder.

The Council shall -

(a) have the duty to advise the Minister on any matter -

(i)

related to the making of regulations under any of

the provisions of this Act; and

(ii) affecting the animal and veterinary public health

in Malta, as may be required by the Minister;

(b) have the power to recommend the adoption or the

implementation of any measures, enquiries or

scientific investigations as, in its opinion, may be

conducive to, and in the interests of, the well-being of

animals;

(c) advise the Minister on all matters related to

biotechnology in animals and animal experiments and

with respect to the issue of licences under Part XI of

this Act;

(d) advise the Minister on all matters related to the

keeping of farm animal housing systems and on the

issue or otherwise of permits under Part VII of this

Act; and

(e) advise the Minister, in issuing regulations, orders or

rules under this Act, shall consult the Council.

The Minister may make, vary or revoke regulations for the

proper conduct of the business of the Council.

Part III

Keeping of Animals

(1) Animals shall not -

(a) be kept;

(b) be kept for the purpose of producing animal products;

or

(c) be kept tethered, in buildings, pens, cages or the like,

unless they belong in each case to the species or categories of

animals specified in regulations prescribed.

(2)

The Minister may make regulations -

(a) providing for the conditions under which animals

shall, in each case, be kept;

(b) providing for the manner in which species or

categories of animals as may be prescribed are to be

kept, including -

(i)

the manner in which animals shall be tied or

tethered;

(ii) the manner in which animals shall be segregated

according to age, sex, or species;

(iii) the space which animals shall be allowed;

(iv) for matters relative to the hygiene of the animal,

its housing and other measures to ensure the

health of the animal;

(c) providing for the listing of the categories and the

species of animals for which the regulations are

applicable; and

(d) for any other matter that may or is to be prescribed.

Part IV

Caring of Animals

(1) The Minister may make regulations providing for the

manner in which such species of animals as may be prescribed shall be

cared for, fed, medicated, watered, treated and trained, and the

qualifications of persons who shall be responsible thereof.

(2)

No animal shall be caused any unnecessary pain, suffering

or distress or subjected to any activities which are not in his nature. No

animal shall be abandoned

Provided that for the purposes of this sub-article, the words

"activities which are not in their nature" shall also include activities of

a sexual nature between a person and an animal, whether by any part

of the body or by any object, unless that object is used for medical

intervention and medical purposes.

(3) Any person who keeps any animal or who agrees to look

after an animal shall be responsible for its health and welfare.

(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.

Part V

Surgical Operations on Animals

(1) Surgical operations for the purpose of modifying the

appearance of an animal by which any part of the animal’s body is

removed or damaged, other than for a curative purpose, shall be

illegal, unless otherwise prescribed in regulations made under this

Act. Surgical operations shall be carried out by a veterinary

surgeon or pursuant to a Minister’s order issued in consultation

with the Veterinary Surgeons Council.

(2)

The Minister may make regulations -

(a) establishing the manner and cases in which surgical

operations may be performed; and

(b) regulating embryo transplantation in animal species or

categories of species as may be therein indicated.

Animals which have undergone a surgical operation which

is prohibited under the provisions of article 9 shall not be -

(a) entered for or admitted to shows or inspections or

competitions; and

(b) kept in stock, to be sold, offered for sale sold or

bought.

Part VI

Killing of Animals

The Minister may make regulations -

(a) specifying the cases in which it shall be permissible to

kill animals, and the manner in which such killing may

take place;

(b) providing for the manner in which, and the person by

whom an animal may be killed; and

(c) prescribing the

facilities

and

equipment

of

slaughterhouses.

The Minister may make rules to regulate stunning methods

and derogations therefrom: provided that such methods shall bring

animals into a state of unconsciousness which lasts until they are

slaughtered.

(1) Except in cases of an emergency which visibly indicate

extreme pain conducive to death, only a veterinary surgeon or

another competent person as specified in regulations made under

this Act shall be permitted to kill an animal of a domesticated breed

or any wild animal which has been domesticated, except animals

bred for the production of food.

(2) In the case where it is necessary to terminate an animal’s

life, this shall be done with the minimum of physical and mental

suffering as in the circumstances is appropriate.

(3)

Except in an emergency, the method chosen shall either -

(a) cause immediate loss of consciousness and death; or

(b) begin with the induction of deep general anaesthesia to

be followed by a step which will ultimately cause

death.

(4) The person responsible for the killing shall make sure that

the animal is dead before the carcass is disposed of.

(5)

The following methods of killing shall be prohibited -

(a) drowning and other methods of suffocation which do

not produce the effects required by subarticle (3)(b);

(b) the use of any poisonous substance or drug, the dose

and application of which cannot be controlled so as to

give the effect mentioned in subarticle (3);

(c) electrocution, unless preceded by immediate induction

of loss of consciousness.

(1) Subject to the provisions of article 13 it shall be lawful

to slaughter or kill injured or diseased animals on the spot.

(2) The Minister, after consulting the Council may make rules

authorizing the transport of injured or diseased animals for the

purposes of slaughter, provided that such transport does not entail

further suffering for the animals.

Part VII

Housing of Animals

(1) The Minister may, on the advice of the Council, make

regulations -

(a) to provide for conditions in which animals may be

housed;

(b) to provide for the categories of persons authorised to

keep and house those categories and species of

animals; and

(c) to establish procedures in respect of applications for a

housing system.

(2) Applications may be approved subject to such conditions

and restrictions as the Authority may deem fit to impose; the grant

or revocation of any permit shall be published in the Gazette.

(1) Animal housing systems shall not be manufactured,

kept in stock, sold, delivered or in any manner made use of in

respect of animals, unless such systems are built and maintained,

and conform with such minimum facilities for the welfare of

animals as may be prescribed.

(2) Mass-produced animal housing systems shall not be kept in

stock to be sold, delivered or used for species or categories of

animals except as provided for in the regulations referred to in

subarticle (1).

(1) The Authority may grant permission for a housing

system following an application from the manufacturer, the

importer or the retailer.

(2) A report, drawn up by or on behalf of the manufacturer,

describing how the system benefits animal welfare, shall be

attached to every application for permission for a housing system.

(1) Housing systems which have been kept in stock to be

sold, delivered or in use prior to the entry into force of any rules

referred to in article 17 shall be permitted to continue to be so kept

only for such period as may be prescribed.

(2) The rules referred to in article 17 may also provide for

transitional periods within which such breeders shall conform

therewith.

The Authority may revoke a permit where -

(a) the information submitted at the time of the

application was incorrect or misleading in such

manner that, had the information been known at the

time the permit was granted, the application would

have been rejected;

(b) in the opinion of the Authority, circumstances exist

which are detrimental to the welfare and safety of

animals;

(c) the permit has been granted for a housing system for a

purpose which is different from that for which that

housing system is intended to serve.

Part VIII

Breeding of Animals

(1) The Minister may make regulations providing for the

breeding of animals, including the method of breeding as well as

the species and categories of animals which may be used for

breeding purposes.

(2) The Minister may make regulations prescribing that the

young of such species or categories of animals, as may be specified

in the regulations, shall not be separated from their parent until

they have reached such age as may be prescribed.

(3) All persons involved in the breeding of animals shall be

responsible for the anatomical, physiological and behavioural

characteristics of such animals, which are likely to put at risk the

health and welfare of either the offspring or the parents.

No animal, as is referred to in article 20(2), shall be sold,

kept in stock to be sold, offered for sale, let or delivered for trade,

unless in accordance with regulations prescribed under this Act.

Part IX

Transport of Animals

The Minister may make regulations concerning the manner

in which transport of animals by road, by sea or by air shall be

carried out.

ANIMAL WELFARE

(1) Species and categories of animals, as may be

prescribed, may not be transported, whether locally from one place

to another or abroad, unless -

(a) the animals are accompanied by a certificate issued by

an official appointed by the Minister stating that he has

found the animals fit for transport; and

(b) the animals are provided with or accompanied by the

identification marks or documents indicated in the

certificate; and

(c) unless under such conditions and restrictions, as the

Authority may deem fit to impose; and

(d) the transport is in accordance with prescribed

regulations.

(2) The provisions of subarticle (1)(a) and (b) shall not apply

to transport carried out in the course of or for the benefit of one’s

work or enterprise, provided that this is in conformity with the

prescribed regulations.

(3) The provisions of subarticle (1) shall not apply to the

transport abroad of animals which have not been loaded for

transportation purposes, in Malta.

The official referred to in article 23 shall only issue a

certificate after having inspected the animals before loading and

shall not issue a certificate -

(a) if the animals are not properly provided with or

accompanied by the identification marks or documents

referred to in article 23,

(b) if the animals have given birth forty-eight hours prior

to departure;

(c) if he is of the opinion that the animals are likely to

give birth during carriage;

(d) if he is of the opinion that the animals are ill or injured

or unfit for transport, taking into account the nature of

the means of transport, the nature, manner or duration

of that journey or the circumstances under which

transport is to take place; and

(e) if he is of the opinion that the observance of the

conditions laid down by or in pursuance of this article

cannot be ensured during transport.

The Authority may revoke a certificate issued in accordance

with article 23 if it has reason to believe that circumstances have

occurred or have become known under which, had they been known

or had they occurred at the time the certificate was issued, the

certificate would not have been issued.

(1) During the transportation of animals, the transporter

shall, at all times, carry appropriate documentation issued in

accordance with article 23.

(2)

Animals which fall ill or are injured during transport shall

receive first-aid treatment as soon as possible; they shall be given

appropriate veterinary treatment and, if necessary, undergo

emergency slaughter in a way which does not cause them any

unnecessary suffering.

Part X

Use of Animals at Competitions

Competitions which test the speed or strength of an animal

shall not be organised, nor shall animals be entered for such

competitions, unless the competitions are held in accordance with

regulations made under this article.

The Minister may make regulations concerning the keeping

of animals for the purposes of recreation, sports, instruction,

education, public display, shows, exhibitions, sale at markets and

auctions or for any other similar purposes.

The Minister may make regulations to regulate the

administration or otherwise of substances which may be used on

animals participating in competitions.

(1) Animals shall not be entered for competitions or take

part in competitions if, on inspection, the animal’s body is found to

contain one or more of the substances specified in the prescribed

regulations, the ingredients whereof or the metabolites of which

exceed the maximum quantity established in the said regulations.

(2) The Minister may make regulations to provide for the

manner in which inspections referred to in subarticle (1) shall be

carried out.

Animal fights shall not be organized, and nor shall animals

be entered for animal fights.

Part X A

Circuses

It shall not be lawful for any person to use animals for

performances, exhibitions, shows or for the training thereof in

circuses.

It shall not be lawful for any person, including circus

operators and circus promoters, to promote, advertise or allow the

promotion or advertisement of circuses using animals in Malta.

If a circus operator or circus promoter breaches or fails to

comply with the provisions of this Part or of any regulations made

thereunder, without prejudice to the provisions of Part XIV, the Director

for Animal Welfare 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 Animal

Welfare 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 that the Court

issues any order under this Act.

Without prejudice to the provisions of Part XIV of this Act,

the Court may issue such orders for the treatment, relocation or

forfeiture of animals used in circuses or kept for the purpose of use

in circuses.

The provisions of this Part shall not apply to zoos licensed

u nd er th is A ct on t he groun ds th at t he exe mp ti on do es n ot

jeopardise the objectives of the provisions of this Act.

The Minister may make regulations to provide for the

enforcement of any restriction imposed on the use of animals in

circuses referred to in this Act.

The provisions of this Part shall not apply to the use of animals

as props or extras in artistic, theatrical, or cinematic performances,

sporting competitions or any other event which does not compromise in

any way the protection or the welfare of the animals which may be

approved by the Authority under the conditions that he deems fit.

Part XI

Biotechnology and Animal Experiments

(1) Only persons who have been issued a licence by the

Authority, acting on the advice of the Council, may carry out any of the

following practices

(a) the alteration of the genetic material of animals in a

manner which ignores the natural barriers of sexual

reproduction and of recombination;

(b) the application of biotechnological technology to

animals or embryos; and

(c) the administration of such substances, as may be

prescribed by regulations made under this article,

which alter the functioning of an animal forming part

of such species or categories of animals as may be

listed in the said regulations.

(2) Animals or animal products which have been subjected to

the practices referred to in subarticle (1) shall not be produced,

transported, put at another person's disposal, sold, bought, kept in

stock to be sold, disposed of or introduced in Malta, without the

written authority of the Director, or in breach of any condition

attached to such authority.

(3) The licence referred to in subarticle (1) may be issued,

suspended, modified or revoked by the Director.

(1) The licence referred to in article 32 shall be issued

only when the practices in question will not affect the health or

welfare of animals, and such practices shall not be in breach of

ethical rules and standards which may be drawn up by the Council.

(2) The licence shall specify the practice for which it is

required and it may include any conditions and restrictions which

the Minister may deem necessary.

The Minister may make regulations for governing the

procedures to be followed for licences, referred to in article 32, to

be issued.

(1) No animal experiment may be conducted without a

licence issued by the Director acting on the advice of the Council or

any of its sub-committees delegated by it.

(2) Licences issued by the Director shall permit experiments in so

far as they are intended to benefit, either directly or indirectly, the health

or nutrition of human beings or animals as well as for any other purpose

deemed by the Director to be of sufficient value.

(3) The Minister may make regulations specifying the

information required for the issue of a licence for carrying out

animal experiments, the fees payable for the filing of applications

for such licences as well as the grounds on which applications shall

be refused.

(4) Licences may be issued subject to such conditions and

restrictions, as the Director may deem fit to impose.

(1) The Minister may make regulations providing for

procedures to be followed in the case of experiments involving an

animal.

(2) Experiments to which such regulations refer must be

specifically declared to the Council and may not be held unless

authorised by the Council.

(3) Animal experiments may only be performed by competent

authorised persons, or under the direct responsibility of such a

person, and only if the experimental or other scientific project

concerned is authorised in accordance with the provisions of this

Act.

(1) A licence may be granted to competent persons subject

to such restrictions and conditions as the Minister may deem fit to

impose, and may be varied, supplemented or cancelled by the

Minister.

(2) A licence shall be revoked if the information submitted in

the application is incorrect, inaccurate or misleading such that a

different decision would have been taken if the correct information

had been available at the time when the application was under

consideration.

(3)

A licence may be revoked if -

(a) the licence holder does not comply with the conditions

of the licence;

(b) no use of the licence is made for a continuous period

of one year;

(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.

(4) A licence issued under this Part of this Act may be granted

to a natural or legal person but it shall not be transferable; if the

licence holder is a natural person, the licence shall expire upon the

death of the licence holder and shall not be transmitted to the heirs.

(1) It shall not be lawful to carry out an animal experiment

unless the way in which the experiment is to be conducted has been

determined by a person whose qualifications satisfy the

requirements laid down in regulations as may be prescribed.

(2)

No animal experiment shall be carried out -

(a) for a purpose which may also be achieved by means

other than an animal experiment, or by means of an

experiment using fewer animals or entailing less

distress than the experiment in question; or

(b) for a purpose the importance of which does not justify

the distress caused to the animal; or

(c) for such purposes as may be prescribed.

(1) It shall be unlawful to conduct an experiment on

animals which -

(a) were not bred in a licensed breeding establishment

operated by the licence holder; or

(b) were not obtained directly from another licensed

establishment in which animals are bred or used either

exclusively or mainly for animal experiments or

scientific research.

(2) For the purposes of subarticle (1) "breeding establishment"

means any establishment where animals are bred with a view to

their use in experiments.

(1) The holder of a licence under article 37 shall be

obliged to ensure that the animal suffers as little distress as possible

without defeating the object of the experiment.

(2) The licence holder shall ensure that, if the animal on which

the experiment is being carried out could experience distress as a

result of acts carried out without anaesthetic, a general or local

anaesthetic is administered to the animal to prevent such distress

Provided that this obligation shall not apply in cases where

the anaesthetic would defeat the object of the experiment.

(3) The licence holder shall ensure that any animal which, if

allowed to live, would suffer distress for more than a short period

as a result of an act performed as part of the experiment, is

immediately put to death. Should the object of the experiment thus

be defeated, the animal shall be put to death as soon as the

experiment permits.

(4) The Minister may make regulations prescribing that such

categories of treatment as may be specified in the regulations shall

in all cases be carried out under anaesthetic.

(1) The licence holder shall keep detailed records

concerning the procurement of animals for experiments as well as

the experiments conducted, and shall supply this information to the

Council.

(2) It shall be the duty of the licence holder to ensure the

services of a veterinary surgeon to supervise the welfare of the

animals undergoing experiments.

(1) The Minister may make regulations to regulate the

establishment, administration, upkeep and general maintenance of

any installation, building or group of buildings, premises or other

facilities intended for the carrying out of animal experiments.

(2) Animals may not be bred or supplied for the purpose of

experiments without a licence granted in accordance with

regulations made under subarticle (1).

Part XII

Aggressive Animals

(1) Save as may otherwise be prescribed, aggressive

animals which may present a danger to the safety of man or other

animals and which are classified as such by the Minister shall not

be bred, imported or sold in Malta.

(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 Authority or Director

for Animal Welfare.

The Minister may make regulations, when necessary, to

regulate certain animal breeds.

Part XIII

Commissioner for Animal Welfare

and Animal Welfare Officers

(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 community officer

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.

(1) There shall be a Commissioner for Animal Welfare

who shall be appointed by the Prime Minister after consultation

with the Minister.

(2)

The Commissioner shall have the following functions

(a) promote the implementation of and compliance with

ANIMAL WELFARE

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 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

and, or regulations made thereunder and the Veterinary

Services Act and, or regulations made thereunder.

(4) The Minister may make regulations generally concerning

the office of the Commissioner.

Part XIII A

Enforcement Powers

(1) Notwithstanding the provisions of any other law, for

the purposes of carrying out their functions under this Act, the

Authority, the Director for Animal Welfare, animal welfare officers or

any such officer or person as may be authorised by the Authority or

Director for Animal Welfare, shall have the right to

(a) enter any premises, public or private, at all times, and

in the case of a dwelling house after giving reasonable

notice of at least twenty-four (24) 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,

feed, 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

Provided that the twenty-four (24) hours notice to enter into

a dwelling house shall not be applicable if the Director himself and not

any other official acting under his delegated authority, considers that

there is reasonable suspicion, on the basis of substantiated grounds,

that an offence under the Act or the regulations made thereunder has

been committed or is about to be committed

Provided further that in the event that the owner of a private

property or any other premises cannot be identified or cannot be

identified despite reasonable efforts, the officer may enter by means of

force and without the consent or prior warning of the owner of said

private property, for the purposes of assisting, attending to, and caring

for an animal who is in distress and whose life or health, in the

discretion of the Director, is in serious jeopardy

Provided further that in all instances referred to in the

preceding two provisos, the Director shall within twenty-four (24) hours

from execution file an application before the competent Court therein

giving reasons for his actions, and that application shall be determined

by that Court after the Court has given any directives it deems

appropriate;

(b) (i) 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 or any regulations under the Act

has been or is likely to be committed;

(ii)

seize any equipment, medicine, animal product,

gear, instrument and, or appliance which he

believes have been used in the commission of such

offence or in respect of which he believes such

offence has been committed or that is the result of

an offence under this Act or any regulations under

this Act

(iii)

seize or take copies of any documents which he

believes are relevant to any such offence under this

Act or any regulations under the Act;

(c) forfeit, seal off and render non-functional any

equipment, apparatus or materials used in offences;

(d) inspect all records, licences, permits and notifications

issued under this Act or required to be kept or

preserved under this Act;

(e) 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;

(f)

be furnished with such information as such person may

reasonably require with respect to any matter

regulated by this Act;

(g

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

(h) generally ensure compliance with the provisions of

this Act.

(2) For the purpose of performance of any function under this Act,

the Authority, Director for Animal Welfare, animal welfare officers or

any other such officer or person as may be authorised by the Authority

or Director for Animal Welfare may request the assistance of the Malta

Police Force, any local council, any voluntary organisation or private

sector, any Authority of Government or any government agency.

(3) The provisions of sub-article (1) shall be without prejudice

to the powers of the Police, community officers, the Comptroller of

Customs, the Authority or of any other authority under the Criminal

Code or other law.

(4) The Authority, 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) At their discretion, the Director for Animal Welfare or the

Authority may not return to their owners any animals and, or

objects that are confiscated, impounded, seized or in any way

removed by the Director for Animal Welfare or the Authority

Provided that the Director for Animal Welfare or the

Authority may also dispose of such animals and, or objects in

accordance with regulations that the Minister may make

Provided further that any expenses related to the

confiscation, impounding, seizure and, or disposal of any animal

and or object shall be fully borne by the contravenor..

(6)

Any person who hinders, obstructs, molests or interferes

with or attempts to hinder, obstruct, molest or interfere with the

Authority, Director for Animal Welfare, any animal welfare officer or

such other person appointed by the Authority or Director for Animal

Welfare, or any officer of the Malta Police Force, community

officer, or public officer, employee or servant of any Authority 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.

Any animal welfare officer or any such officer or person

authorised by the Authority or the Director for Animal Welfare in the

performance of their functions under this Act or under any other law

administered by the Authority, shall not be liable for any loss or

damage suffered by any person by reason of anything done or omitted

to be done in good faith in the course of the administration of this Act

or of any other law.

Part XIV

Offences and Penalties

(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 two thousand euro (€2,000) but not

exceeding sixty five thousand euro (€65,000) or to a

term of imprisonment for a period not exceeding three

(3) 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 six thousand euro (€6,000)

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

a term of imprisonment for a period not exceeding

three (3) years or to both such fine and imprisonment

Provided that when a person is found guilty of a breach of the

provisions of this Act or the regulations made thereunder consisting of

ill-treatment of animals, the Court may when it deems it to be

appropriate, in addition to the punishment, prohibit the person found

guilty from keeping animals or from residing in a place where animals

are kept for such period as the Court may determine and shall order the

Registrar of the Criminal Courts and Tribunals to notify the

Commissioner with the judgement imposing such prohibition

Provided further that the Court, upon the request of the

prosecution, may issue a court decree during the course of proceedings

if it is satisfied that there is prima facie evidence for the issue of the

court order against a person charged with a breach of the provisions of

this Act or any of the regulations made thereunder consisting of ill-

treatment of animals in order to prohibit that person from keeping

animals until the judgment becomes res judicata and shall order the

Registrar of the Criminal Courts and Tribunals to notify the

Commissioner with the decree imposing such prohibition

Provided further that the Commissioner for Animal Welfare

shall maintain a register called the "Offenders of the Animal Welfare

Act and its Regulations" within which there shall be noted down the

name of any convicted person by the Court of a breach of the

provisions of this Act or any of the regulations made thereunder and

where it is declared by the Court that the convict shall be prohibited

from keeping animals for such period as the Court may determine. An

authentic copy of the relevant judgment or court decree, shall also be

kept in the register.

(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 or any of

the regulations made thereunder shall, in addition to the punishments

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, or the regulations made thereunder 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.

The Minister may prescribe regulations for the

enforcement of any restriction or obligation relating to the

protection of animals and animal welfare in general contained in a

Convention, Treaty or any other international agreement to which

Malta is a party and may provide in the prescribed regulations that

any contravention of any such restriction or obligation shall

constitute an offence against this Act and shall liable to such

penalty as may be prescribed, being a penalty of a fine (multa) not

exceeding eighty thousand euro (€80,000)

(1) When the Authority or the Director for Animal Welfare

have reasonable cause to believe that

(a) an offence against this Act and any regulations made

thereunder has been committed by any person; and

(b) it would be more appropriate to impose a penalty

under this article,

they may by means of a notice in writing in accordance

with sub-article (2) notify such person

Provided that in the case of a person who has already been

found guilty of an offence under this Act, the provisions of sub-

article (1) shall not apply and criminal proceedings shall be

instituted in case of a second offence under this Act.

(2)

A notice under subarticle (1) shall specify -

(a) the date and nature of the offence;

(b) a summary of the facts upon which the allegation that

an offence has been committed is based (being a

sufficient summary fully and fairly to inform the

person of the allegation against him);

(c) any other matters (not being previous convictions) that

the Authority or Director for Animal Welfare consider

relevant to the imposition of a penalty; and

(d) the amount of the penalty due, and where the penalty

due depends on a previous conviction, the date of such

conviction,

and shall be endorsed on a statement setting out the provisions of

this article.

(3) Any person on whom a notice under sub-article (1) is

served may, within thirty (30) days after such service by notice in

writing in the appropriate form, served on the Authority or Director

for Animal Welfare, require that proceedings in respect of the

alleged offence shall be dealt with by the Court, in which case the

following provisions shall apply

(a) no further proceedings shall be taken under this article

by the Authority or Director for Animal Welfare; and

(b)

this article shall not be construed to prevent the

institution of any proceedings in respect of the alleged

offence or the conviction of the person for the offence

by the Court or the imposition of any penalty or

forfeiture under this Act upon such conviction.

(4) Any person on whom a notice under sub-article (1) is

served who does not want that proceedings in respect of the alleged

offence shall be heard by the Court may by notice in writing served

on the Authority or Director for Animal Welfare

(a) admit the offence, and

(b) pay the amount of the penalty to the Authority or the

Director for Animal Welfare within thirty (30) days

after the notice of the penalty is served or after such

subsequent period as the Authority or Director for

Animal Welfare may determine.

(5) Where under this article a person admits an offence, the

Authority or the Director for Animal Welfare shall impose a monetary

penalty on that person in respect of the offence, being a penalty not

exceeding eighty thousand euro (€80,000).

(6) The penalty imposed under subarticle (5) shall be due as a

civil debt enforceable by the competent Court of civil jurisdiction

in favour of the Government and the declaration by the person on

whom the penalty is imposed that he admits the charge shall

constitute an executive title for the purposes of article 253 of the

Code of Organization and Civil Procedure in the same manner as if

it were a judgement of the competent Court of civil jurisdiction.

(7) Where a person on whom a notice under subarticle (1) is

served does not, within thirty days after the notice is served on him,

admit the offence, the Authority or Director for Animal Welfare shall

institute proceedings or cause proceedings to be instituted before the

Court in respect of the alleged offence.

The Minister may make regulations as shall be deemed

appropriate to provide for the establishment and imposition of

administrative penalties and other enforcement and administrative

measures as may be specified therein.

Part XV

Exceptions in relation to hunting or killing

Subject to the provisions of articles 32 to 42 (both

inclusive), the hunting or killing of any animal in a wild state; or

any wild animal or pest shall not be governed by the provisions of

this Act.

Part XVI

Appeals

(1) Where the Authority or Director for Animal Welfare

refuse the issuing of a permit or of a licence required by, or under this

Act, or modify such permit or licence or cancel the same, the person

applying for the permit or licence or the person holding the permit or

the licence, as the case may be, shall have the right, by not later than

twenty (20) days, to appeal against the decision of the Authority or

Director for Animal Welfare wherein that person shall specify the

reasons on the basis of which the decision of the Authority or the

Director for Animal Welfare should be cancelled or modified.

(2) Such appeal shall lie to the Administrative Review Tribunal

established in terms of article 5 of the Administrative Justice Act,

and the provision of this Act shall apply to such an appeal.

(3) The Administrative Review Tribunal shall, as soon as it

receives the appeal in accordance with sub-article (1), notify the said

appeal to the Authority or the Director for Animal Welfare so that,

within twenty (20) days, the Authority or the Director for Animal

Welfare may reply in writing thereto, wherein they shall specify the

reasons on the basis of which the appeal should be dismissed, however

the Authority or the Director for Animal Welfare may, where it appears

to them that the appeal is justified, modify their decision in accordance

with the appeal and inform the Tribunal, within the period granted to

them for their reply.

(4) When the Tribunal receives the reply of the Authority or

Director for Animal Welfare, or the time given for the reply shall

have elapsed without the receipt, the Tribunal shall hear the appeal

and in doing so it shall be composed of the Chairperson of the

Tribunal and those members of the Council appointed under article

4(1)(c), (d) and (e) and one of the members appointed in terms of

article 4(1)(f).

(5) The Tribunal shall, within five days of the receipt of the

appeal, study the case and hear any person whom it shall deem

appropriate, including both parties.

(6) After the Tribunal decides the appeal it shall give an order

in writing to the Authority or Director for Animal Welfare according

to its decision; a copy of the Tribunal’s decision shall also be sent

to the appellant.

Part XVII

Saving

Any regulations made under articles 38, 40, 62, 97, 125,

127 and Part VIII of the Code of Police Laws, which articles and

Part are repealed by this Act, shall continue to remain in force as if

made under this Act and may be amended, substituted or revoked

accordingly.