COMPENSATION FOR SLAUGHTERED ANIMALS REGULATIONS

COMPENSATION FOR SLAUGHTERED ANIMALS

SUBSIDIARY LEGISLATION 36.18

COMPENSATION FOR SLAUGHTERED ANIMALS

REGULATIONS

26th May, 1961

LEGAL NOTICE 29 of 1961, as amended by Legal Notices 62 of 1972,

50 of 1973 and 76 of 1988.

The title of these Regulations is Compensation for

Slaughtered Animals Regulations.

(Regulation 4)

Compensation for the slaughter of bovines affected by

Tuberculosis or Brucellosis

1. In this Schedule, unless the context otherwise requires -

"disease" means tuberculosis or brucellosis and "diseased" shall

be construed accordingly;

"herd" means a herd of bovines and includes one bovine.

2. Where a diseased bovine is slaughtered under the

provisions of article 76 of the Ordinance, the Director may either

pay the owner financial compensation or give him a milch cow or a

pregnant heifer in exchange for such bovine.

3. Where the Director pays financial compensation -

(a) such compensation shall in no case exceed the current

cost of a milch cow or a pregnant heifer; and

(b) where the diseased bovine is either less than one year

old or is a bull, such compensation shall be the market

value which such bovine had on the date of slaughter.

4. Where the Director exchanges a milch cow or a pregnant

heifer for a diseased bovine -

(a) such cow or pregnant heifer shall not, without the

written authority of the Director, be slaughtered,

disposed of or in any way transferred within the next

COMPENSATION FOR SLAUGHTERED ANIMALS

following eighteen months; and

(b) the Director shall not be responsible for the health of

such cow or pregnant heifer after the date of the

exchange, if on that date a government veterinary

surgeon declares it to be free from disease.

5. The foregoing provisions of this Schedule shall not apply

and no compensation whatsoever shall be paid -

(a) in respect of the slaughter of such number of diseased

bovines forming part of a herd as exceeds two-thirds

of the total number of such herd where more than two-

thirds of the herd are diseased; and

(b) in respect of the slaughter of diseased bovines forming

part of a herd where bovines are introduced into the

herd -

(i)

without the written authorisation of the Director

while the herd is in the process of being tested,

analysed or otherwise examined with a view to

the issue by the Director of a certificate to the

effect that the herd is free from disease; or

(ii)

after the issue of such certificate if the bovines

are introduced into the herd, without being

certified by a government veterinary surgeon to

be free from disease.

In these Regulations, unless the context otherwise

requires -

"Director" means the Director of Agriculture and Fisheries;

"Minister" means the Minister responsible for the Department of

Agriculture;

"the Ordinance" means the Prevention of Disease Ordinance;

"government veterinary surgeon" means a veterinary surgeon in

the employment of the government.

(1) The compensation payable in respect of animals, other

than those declared to be affected with anthrax, slaughtered under

the provisions of article 75 of the Ordinance shall be

(a) in the case of animals affected with cattle plague or

pleura-pneumonia, the market value of the carcase as

fit for industrial purposes only; and

(b) in the case of animals affected with glanders, the

market value of the animals if sold as still serviceable

at the initial stage of the disease.

(2) Compensation shall not be payable in respect of animals

suffering from anthrax.

The compensation payable in respect of animals

slaughtered under the provisions of article 76 of the Ordinance

shall be

(a) in the case of bovines affected with tuberculosis or

brucellosis, such compensation as may be determined

in accordance with the provisions of the Schedule

hereto; or

(b) in the case of animals other than bovines affected with

tuberculosis or brucellosis the full market value of the

animals

Provided that no person shall receive, within any

period of twelve months, in respect of slaughtered

animals more than two-thirds of the total value of the

herd, flock or other type of animals owned by him at

the time of the slaughter

COMPENSATION FOR SLAUGHTERED ANIMALS

Provided further that when the Director declares

that there is in the country an epidemic of any animal

disease, the rate of compensation payable shall be

determined by the Minister with the concurrence of the

Minister responsible for Finance.

Compensation shall not be payable in respect of animals

imported from foreign parts if any such animal is slaughtered after

it has been found to be affected width disease while under

observation at a quarantine station or within ten days from the date

of its landing in Malta or of its release from the quarantine station.

No compensation shall be payable under these Regulations

to any owner of the animals if -

(a) in the opinion of the Director, such owner has not

taken all the necessary precautions to prevent the

disease; or

(b) such owner has not been registered with the Director;

or

(b) such owner has not submitted to the Director, when so

requested, a return giving all the information required

by the Director.