The Keeping of Wild Animals in Zoos Regulations, 2003

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L.N. 265 of 2003

ANIMAL WELFARE ACT

(ACT NO. XXV OF 2001)

The Keeping of Wild Animals in Zoos Regulations, 2003

IN exercise if the powers conferred by articles 7(2) and 8 of the Animal Welfare Act,

2001, the Minister for Rural Affairs and the Environment has made the following

regulations:-

Title and scope.

(1) The title of these regulations is the Keeping of Wild Animals in Zoos Regulations,

2003. (2) The objectives of these regulations are to protect wild fauna and to conserve

biodiversity by providing for the adoption of licensing and inspection of zoos on the

territory of Malta in order to strengthen the role of zoos in the conservation of biodiversity.

(3) The scope of these regulations is to implement the provisions found under

European Union Council Directive 1999/22/EC relating to the keeping of wild animals in

zoos.

Definitions

In these regulations unless the context requires otherwise-

"Zoos" means all permanent establishments where animals of wild species are kept for

exhibition to the public for 7 or more days a year, with the exception of circuses, pet

shops and establishments which the Veterinary Services exempts from the requirements

of these regulations on the grounds that they do not exhibit a significant number of

animals or species to the public and that the exemption will not jeopardise the objectives

of these regulations.

Furthermore “trading partner” shall have the same meaning as provided in article 2 of the

Veterinary Services Act and shall include Member States of the European Union.

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Requirements applicable to zoos.

The Veterinary Services shall take measures under regulations 4, 5 and 6 to

ensure all zoos implement the following conservation measures, that is to say -

(1) participating in research from which conservation benefits accrue to the species,

and, or training in relevant conservation skills, and, or the exchange of information relating

to species conservation and/or, where appropriate, captive breeding, repopulation or

reintroduction of species into the wild,

(2) promoting public education and awareness in relation to the conservation of

biodiversity, particularly by providing information about the species exhibited and their

natural habitats,

(3) accommodating their animals under conditions which aim to satisfy the

biological and conservation requirements of the individual species, inter alia, by providing

species specific enrichment of the enclosures; and maintaining a high standard of animal

husbandry with a developed programme of preventive and curative veterinary care and

nutrition,

(4) preventing the escape of animals in order to avoid possible ecological threats to

indigenous species and preventing intrusion of outside pests and vermin,

(5) keeping of up-to-date records of the zoo's collection appropriate to the species

recorded.

Licensing and inspection.

(1) The Director, on the advice of the Animal Welfare Council, shall adopt

measures for licensing and inspection of existing and new zoos in order to ensure that the

requirements of regulation 3 are met.

(2) Every zoo shall have a licence within four years after the entry into force of

these regulations or, in the case of new zoos, before they are open to the public.

(3) Each licence shall contain conditions to enforce the requirements of regulation 3.

Compliance with the conditions shall be monitored inter alia by means of regular inspection

and appropriate steps shall be taken to ensure such compliance.

(4) Before granting, refusing, extending the period of, or significantly amending a

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licence, an inspection by animal welfare officers shall be carried out in order to determine

whether or not the licensing conditions or proposed licensing conditions are met.

(5) If the zoo is not licensed in accordance with these regulations or the licensing

conditions are not met, the zoo or part thereof –

(a) shall be closed to the public by the Veterinary Services;

and, or

(b) shall comply with appropriate requirements imposed by the Veterinary Services

to ensure that the licensing conditions are met.

Should these requirements not be complied with within an appropriate period to be

determined within one year, the Veterinary Services shall withdraw or modify the licence

and close the zoo or part thereof.

Closure of zoos.

In the event of a zoo or part thereof being closed, the Veterinary Services shall

ensure that the animals concerned are treated or disposed of under conditions granted by

this same Division and consistent with the purposes and provisions of these regulations.

Penalty for non-fulfilment of obligations.

(1) Subject to the provisions of these regulations and of the Animal Welfare

Act, 2001, a person who infringes any of the provisions arising from these regulations,

shall, on conviction, be liable to a fine (multa) of not less than Lm10, 000.

(2) Without prejudice to the provisions of sub-regulation (1) of this regulation, the

Court may also order any person who is found guilty of committing an offence under these

regulations, to pay for the expenses incurred by the Veterinary Services as a result of the

said offence, the revocation of the permit issued under these regulations and the

confiscation, retention and disposal of the corpus delicti.

Mitbug] fl-Istamperija tal-Gvern — Printed at the Government Printing Press