KEEPING OF ANIMALS IN ZOOS REGULATIONS

SUBSIDIARY LEGISLATION 439.29

KEEPING OF ANIMALS IN ZOOS REGULATIONS

27th October, 2024

LEGAL NOTICE 199 of 2024, as amended by Legal Notice 136 of

2025.

(1)

The title of these regulations is the Keeping of

Animals in Zoos Regulations.

(2)

These regulations shall come into force within two (2)

months from the date of their publication in the Gazette.

(3)

The objectives of these regulations are

(a)

to transpose and implement Council Directive

1999/22/EC of 29 March 1999 relating to the keeping of wild

animals in zoos;

(b)

to protect wild fauna and to conserve biodiversity

by providing for the licensing, registration and inspection of

zoos in the territory of Malta in order to strengthen the role of

zoos in the conservation of biodiversity;

(c)

to protect the health and well-being of animals;

and

(d)

to protect the public from these animals.

(4)

These regulations shall apply to

(a)

zoo licence holders;

(b)

zoos which are not licensed in accordance with

these regulations and this limitedly for enforcement purposes;

(c)

animals found in a licensed zoo or found on any

site being operated as a zoo which is not licensed in accordance

with these regulations;

(5)

Any of the circumstances not covered by these

regulations shall be regulated by the Owning and Keeping of

Dangerous Animals Regulations.

(6)

Existent licensed zoos are being granted a transitional

period of one (1) year from the coming into force of these regulations,

to fulfil their obligations in terms of regulation 5 of these regulations.

(1)

For the purposes of these regulations and unless

the context otherwise requires, the following definitions shall apply

KEEPING OF ANIMALS IN ZOOS

"Act" means the Animal Welfare Act;

"animal" shall have the same meaning as that assigned to

it in article 2 of the Act;

"animal health control programme" means the animal

health control programme as established in regulation 79(2) of

the Veterinary Medicinal Products Regulations;

"applicant" means a person who intends to manage,

organise, set-up or operate a zoo;

"captive breed" means an animal bred outside of its

natural environment in restricted conditions such as farms, zoos

or other closed facilities;

"captive rearing" means an animal reared outside its

natural environment under restricted conditions such as farms,

zoos or other closed facilities;

"captive wild animal" means an animal that has a

phenotype not significantly affected by human selection but

that is captive or otherwise lives under direct human

supervision or control, including zoo animals and pets;

"dangerous animal" means any species of animal as

specified in the Schedule;

"Director" means the Director responsible for animal

welfare and includes, to the extent of the functions given, any

public officer so authorised by the Director for any of the

purposes of these regulations;

"enclosure" means any confined space within which an

animal is to be kept according these regulations;

"exotic animal" means an animal that is not indigenous to

the territory of Malta and that is not regularly reared or bred as

a farm animal in Malta;

"licence holder" means a person who holds a licence of a

zoo in accordance to these regulations;

"Malta" means the island of Malta and all its constitutive

islands;

"register" means the Dangerous Animals in Zoos

Register which shall be kept by the Director and which shall

include a list of all the dangerous animals found in the Schedule

and kept in a licensed zoo.

"veterinary surgeon" means any veterinary surgeon

authorised to practice the veterinary profession in accordance

with the Veterinary Services Act and contracted by the licence

holder as the person responsible for drawing up and supervising

of a programme of veterinary medicine and, or surgery and for

the health of the animals kept on site;

"wild animal" means an animal that has a phenotype

unaffected by human selection and lives independently of direct

human supervision or control;

"zoo" means all permanent establishments where

dangerous, exotic and, or wild animals are kept for exhibition to

the public whether or not an admission fee is charged, with the

exception of pet shops

Provided that the Director may grant exemptions

from the requirements of these regulations with due

consideration to guidelines that may be published by the

Director, depending on the number and species of the animals

in question and according to a risk assessment, as long as the

exemption will not prejudice the objectives of these regulations.

(2)

Unless the context otherwise requires, words and phrases

used in these regulations which are not herein defined shall have the

same meaning as that assigned to them in the Act.

(1)

No person or entity shall manage, organise, set-up

or operate a zoo without a licence.

(2)

Any person or entity falling within the scope of sub-

regulation (1) or who intends to manage, organise, set-up or operate a

zoo shall apply to the Director for a licence by means of the appropriate

form as may be issued by the Director.

(1)

A licence holder shall hold only one (1) zoo

licence at any given time.

(2)

A zoo licence issued in accordance with these regulations

shall have a validity of one (1) year from the date of its issue

Provided that a licence holder who on the date of

publication of these regulations is managing or operating a zoo shall

apply for the renewal of the zoo licence within a year (1) from the date

of publication of these regulations and shall thereafter renew his

licence on a yearly basis.

(3)

A copy of the licence and, or the renewed licence shall

be placed in a prominent area at the main entrance of the zoo premises

and the licence number shall always be included on any promotional

material issued by the zoo and, or any third parties promoting and, or

KEEPING OF ANIMALS IN ZOOS

advertising the zoo.

(4)

An application for the renewal of a zoo licence or for the

issuance of a licence shall be duly completed and sent to the Director

on the appropriate form. This application shall be endorsed by a

veterinary surgeon prior to being processed for consideration by the

Director.

(5)

Dangerous animals which are found at a zoo before the

coming into force of these regulations shall be registered in the register

after the Director confirms that the appropriate animal welfare and

husbandry conditions are met.

(6)

Applicants and licence holders shall submit to the

Director all the details required on the appropriate form, including but

not limited to the

(a)

irreversible means of identification of the animals

in accordance with regulation 6;

(b)

appropriateness of the site and enclosure for the

animals in accordance with these regulations;

(c)

the measures to be taken by the applicant or the

licence holder to secure the safety and well-being of the animal

and the general public, including first aid facilities for visitors;

(d)

all the necessary permits as may be required from

any governmental or national authority and proof of compliance

therewith;

(e)

any other details or documentation that may be

requested by the Director from time to time and published in

the Gazette by means of a Government notice;

(f)

all the training information and certification held

by the licence holder, contractors and staff involved in the

handling of wild and dangerous animals

Provided that the Director may at his discretion

issue from time to time a list of minimum training requirements

for all persons handling zoo animals, including but not limited

to animal first aid, use of restraining equipment, the use of

tranquiliser guns and equipment including the type and dosage

of the tranquilisers to be used. This list shall be published in the

Gazette by means of a Government notice;

(g)

all the details and information on the members of

staff and contractors involved in the handling of animals and

zoo handling

Provided that any change in staff members or of

the contractor involved in the handling of animals shall be

notified in writing to the Director within five (5) working days

from such change, which notification shall include all the

details and information on the new zoo staff member or

contractor

Provided further that the Director may request at

any time, from the applicant or the licence holder, any other

relevant information or additional documentation which may be

deemed necessary for the purpose of these regulations. Any

processing of personal data pertaining to natural persons shall

be in compliance with the principles of processing of personal

data pursuant to Article 5 of Regulation (EU) 2016/679.

(7)

The Director may refuse an application from an applicant

and, or for renewal of a zoo licence for any reason which he may deem

reasonable and in particular, for reasons related to animal health or

welfare and the safety of the general public.

(8) The Director may only accept an application from an

applicant or renew an application for a licence of a zoo, following

payment of the relevant fees as established in the Fees (Keeping of

Animals in Zoos) Regulations and where he is satisfied that the

applicant and, or the licence holder, as the case may be, and members

of the staff or contractor of the zoo dealing with animals

(a)

are sufficiently knowledgeable and, or their

experience is commensurate to their responsibility;

(b)

are sufficiently knowledgeable as to the proper

organisation and running of the zoo, the proper handling of

animals and are capable of satisfying their physiological and

behavioural needs during the entirety of their keeping in the

zoo;

(c)

are sufficiently knowledgeable and, or

experienced in relation to the conditions required to prevent any

animal from escaping, with due consideration to the

aggressiveness of any animal and to the possible risk for human

safety and health;

(d)

are able to fulfil the requirements of these

regulations and any other applicable laws or regulations, as well

as any condition which may be imposed upon them;

(e)

have not been found guilty, at any time, of any

offence involving the ill-treatment of animals or any other

offence against the Act and, or the regulations made thereunder

Provided that the Director may publish guidelines

in the Gazette as to how the licence holder or members of staff

or contractor of the zoo dealing with animals, are to be assessed

in relation to their knowledge and experience of the species of

animals in the zoo.

(9)

No dangerous animal listed in the Schedule shall be

introduced into a zoo by a licence holder

Provided that this regulation shall not apply to the

introduction of a dangerous animal into a licensed zoo, if that

dangerous animal is to be part of a research and conservation

programme as established in regulation 11

Provided further that this regulation shall not apply to

transfers of dangerous animals from one zoo to another. However, in

such circumstances the Director’s approval shall always be necessary

before said transfer.

(10) The Director may refuse the introduction of an animal in

a zoo for any reason which he may deem reasonable and in particular,

for reasons related to animal health or welfare or the safety of the

general public.

(11) All zoo licence holders shall be obliged to have insurance

coverage on the zoo against potential loss or damage that might be

caused to third parties.

(12) The Director may impose any conditions he deems fit on

the licence holder with regard to the animals and any other relevant

matters falling within the scope of these regulations.

(1)

All animals kept in accordance with these

regulations shall be kept in an adequate and safe enclosure that

respects the specific and individual animals’ physiological,

psychological, conservational, and behavioural requirements. In

particular, the enclosures shall be suitable with respect to

(a)

adequate space for movement, exercise, resting

and for the animal to exhibit his normal behavioural patterns.

The size of the enclosures shall be related to the species of

animals it houses and according to guidelines that may be

issued by the Director in the Gazette by means of a Government

Notice which may be reviewed at any time at his discretion;

(b)

hygiene;

(c)

comfort and well-being;

(d)

lighting levels;

(e)

climatic conditions;

(f)

appropriate enrichment measures and facilities,

according to the animal’s needs and social behaviour;

(g)

affording susceptible animals’ protection from

direct public gaze;

(h)

preventing the public from having direct contact

with animals listed in the Schedule;

(i)

controlling of the feeding of the animals by the

public.

(2)

The enclosure shall be regularly maintained and updated

according to species specific requirements as may be determined from

time to time by the Director.

(3)

The enclosure housing the animals shall be built of

sturdy and durable material in a manner that limits the possibility of

harm to any animal within them as well as the possibility of escape.

(4)

Only staff authorised by the licence holder and those

persons notified to the Director shall have access to the enclosure.

(5)

Zoos which house the animals listed in the Schedule shall

devise written measures for the prevention and recovery of escapees.

Staff shall also be trained in evacuation of the public in emergency

situations

Provided that in the event where a dangerous animal

escapes from the zoo, such events shall be reported by the licence

holder to the Director without delay and by not later than twenty-four

(24) hours from the escape

Provided further that the respective competent authorities

responsible for public safety shall be notified as soon as the dangerous

animal escapes.

(6)

The enclosure may, depending on the animal being or

intended to be housed within them, be required by the Director to

(a)

have an ante-room with a double door system that

cannot be opened simultaneously with a separate door made of

material which is strong and durable whereby each door shall

be easily lockable for the animal’s custodian to lock and unlock

it with ease;

(b)

have animal proof locks;

(c)

comprise an animal restraining system as required

to access the enclosure for feeding, cleaning, the administration

of medication or otherwise.

(7)

The enclosure shall be monitored by closed circuit

television systems (CCTV) for twenty-four (24) hours a day, seven (7)

days a week with recordings for the previous five (5) days remaining

available and accessible upon request by the Director in a manner

consistent with the requirement to ascertain the health conditions and

behaviour of the animal.

(8)

The enclosure shall have sufficient and appropriate

lighting to be used only for verifying the well-being of the animals.

(9)

The construction, expansion and, or substantial

modification of an animal enclosure shall be notified by the licence

holder to the Director at least one (1) month in advance.

(10) The animal enclosure shall be inspected and approved by

the Director who shall, in particular, ascertain its appropriateness with

regard to conditions as stipulated in this regulation.

(11) An animal kept in accordance with these regulations

shall not be housed in a different enclosure other than that intended for

its housing, except where it is deemed necessary and with the prior

written approval of the Director

Provided that in cases of emergencies, a dangerous

animal may be relocated, as long as the safety of the public and of the

animal is not compromised, and the licence holder shall inform the

Director within twenty-four (24) hours from relocation

Provided further that where maintenance of an enclosure

or veterinary care of an animal is required, except for dangerous

animals, the licence holder need not obtain the approval of the Director

to relocate the animal in question to another suitable and appropriate

enclosure in the same zoo, and such maintenance shall not take more

than one (1) week to be finalised from the date when the animal is

housed in another enclosure.

(12) Signage related to the safety of the area shall be

prominently displayed near each enclosure, especially in areas where

direct contact with the animals takes place. The Director may at his

discretion, issue rules on the content of these signs by means of a

Government Notice published in the Gazette.

(1)

A licence holder in terms of these regulations

shall be solely and fully responsible for all the animals kept in a zoo

and for any matter relating to the health, safety and welfare of the

animals and the health and safety of the general public visiting the zoo.

(2)

All those animals which are required to be identified

under the Act and the Veterinary Services Act, including all those

dangerous animals already present in the zoo shall undergo a method

of irreversible means of identification. Such irreversible means of

identification of the animals shall be in the form of a tattoo, an intra-

capsular device that complies with ISO-standard 11784, or Annex A

ISO-standard 11785, and, or a DNA profile, depending on which

method is best suited to the animal or any other means that the

Director may where necessary, deem appropriate. The Director may

require a DNA test from an ISO 17025 accredited laboratory for the

species indicated in the Schedule, which shall be at the expense of the

licence holder.

(3)

The licence holder shall be required to maintain a high

standard of animal husbandry with a programme on animal health,

nutrition and a welfare programme developed by a veterinary surgeon.

The Director may, at his discretion, issue from time to time minimum

standards relating to on-site health facilities. These minimum

standards shall be published in the Gazette through a Government

notice

Provided that the animal health facility shall operate

according to and be in conformity with the provisions of the Private

Veterinary Establishments (Licensing) Regulations.

(4)

No person shall deliberately release or attempt to release

an animal falling within the scope of these regulations into the

environment, or otherwise dispose of any such animal in his

possession unless this is duly authorised by the Director.

(1)

A dangerous animal shall be identified as listed in

the Schedule to these regulations

Provided that the Director may deem any animal to be a

dangerous animal.

(2)

If an animal is deemed to be a dangerous animal by the

Director and such animal has not been listed in the Schedule, the

Director may issue an emergency order which shall be published in the

Gazette and which shall have immediate effect on its publication.

(3)

An emergency order shall be valid for a period of six (6)

months from its date of publication in the Gazette and shall have the

same effect as if the dangerous animal were included in the Schedule.

The said order shall cease to have any effect on the expiration of the

aforesaid period unless the emergency order is renewed.

(4)

Any dangerous animal in a zoo may be transferred to

another licensed zoo if there is the Director’s prior written approval

Provided that in cases of transfer or confiscation of

dangerous animals, where the licence holder finds no other zoo able to

house such an animal, the Director may seek the assistance of another

licence holder, or confiscate that animal, or make any other

arrangements as he may deem necessary, which arrangements shall

observe the objectives stipulated in regulation 1(3).

(5)

Interaction with animals by members of the public,

excluding the licence holder or any staff member or contractor

involved in the handling of animals, shall in no instance be permitted,

unless such human interaction is allowed in accordance with the

guidelines which may be issued by the Director from time to time

Provided that when human interaction with animals is

allowed, it shall at all times be supervised by the licence holder or the

staff or contractor of the zoo and shall not include the feeding of

dangerous animals

Provided further that any allowable human interaction

with dangerous animals shall be limited to dangerous animals bred in

accordance with these regulations and where such human interaction

does not compromise the welfare of the animal and, or is not deemed to

be a danger to the health and safety to other animals.

(6)

Where the licence holder does not follow the instructions

and guidelines as issued by the Director with regard to human

interaction, the licence holder may have his licence revoked.

(7)

Any animal introduced in a licensed zoo shall have been

captive-bred and all details listed in regulation 15(2) shall be made

available upon request by the Director.

(1)

Any birth of offspring of any animal listed in the

Schedule which is found in a zoo, shall be notified to the Director

within four (4) days from birth through written communication sent by

registered mail or by email

Provided that for invertebrates listed under the Schedule

and for fish, an approximate number shall be sufficient.

(2)

The offspring of animals listed in the Schedule and other

animals found in the zoo shall be identified and registered with the

Director in accordance with the Act, the Veterinary Services Act and

with these regulations, within three (3) weeks from the date of birth

Provided that the Director shall be notified of any

eventual deaths of offspring of dangerous animals through an email

within three (3) working days from the date of such death, who may

carry out an inspection to verify same.

(3)

Any eventual deaths of animals listed in the Schedule,

other than deaths of offspring, shall be notified to the Director within

twenty-four (24) hours by registered mail or by email. The Director

may carry out an inspection and, or order a necropsy, as the case may

be.

The Director shall confiscate any animal which has been

subject or likely to be subject to ill treatment or in relation to which an

offence under the Act or these regulations, has been or is likely to be

committed. Confiscation of animals may also be carried out on site.

Disposal of an animal carcass shall be carried out in line

with Regulation (EC) No 1069/2009 of the European Parliament and

of the Council of 21October 2009 laying down health rules as regards

animal by-products and derived products not intended for human

consumption and repealing Regulation (EC) No 1774/2002 (Animal

by-products Regulation). The Director may witness the destruction of

any carcass from a zoo.

The Director shall take all the necessary measures under

these regulations to ensure that all zoos provide and abide by a

comprehensive programme of at least two (2) of the following

(a)

participating in research from which conservation

benefits accrue to the species and exchange of information

relating to species conservation;

(b)

training in relevant conservation skills;

(c)

where appropriate, breeding as stipulated in

regulation 12;

(d)

repopulation or reintroduction of species into their

natural habitat.

(1)

Breeding shall only be allowed upon application

and following written approval by the Director. The licence holder,

following a recommendation made by the veterinary surgeon, shall

ensure that the following conditions are satisfied

(a)

the availability of appropriate

space

and

enclosures to avoid overpopulation;

(b)

maintenance of a stable and sustainable zoo

animal population;

(c)

maintenance of genetic diversity and prevention

of inbreeding depression;

(d)

species conservation;

(e)

the following of a breeding programme;

(f)

collaboration with an accredited approved

international zoo or internationally accredited and renowned

zoo association

Provided that this regulation shall apply to

animals listed in the Schedule, and to any other species as

identified by the Director, which may be published in the

Gazette through a Government notice.

(2) When breeding is not approved by the Director,

measures, such as physical separation of sexes and, or hormonal and,

or surgical methods, amongst others or any other appropriate measure,

need to be implemented to prevent unwanted mating.

(3)

Zoos shall promote public education and awareness in

relation to the conservation of biodiversity, particularly by providing

information about the species exhibited and their natural habitats.

(4)

The licence holder shall prevent the escape of animals, in

order to avoid possible ecological threats to indigenous species, in

particular by invasive alien species, and preventing the intrusion of

outside pests and animals which can be harmful.

(1)

The Director shall set up and administer a fund for

the purposes of these regulations, hereinafter referred to as the Animal

Welfare Awareness and Research Fund.

(2)

The Animal Welfare Awareness and Research Fund shall

be used by recognised educational institutions and this for the

purposes of scientific research, education, repopulation, reintroduction

and conservation purposes of animals in zoos and other wild animals

as approved by the Director and in accordance with other legislation.

(3)

The applicant and, or the licence holder shall be subject

to a contribution fee payable to the Animal Welfare Awareness and

Research Fund upon application or the renewal of the licence

respectively, in accordance with the Fees (Keeping of Animals in

Zoos) Regulations

Provided that if the Director refuses an application from

an applicant and, or for renewal of a zoo licence, the respective fee

shall be reimbursed to the applicant or the licence holder as the case

may be.

(4)

No tax or other fiscal obligation shall be due for any

income or payments received by the Animal Welfare Awareness and

Research Fund.

(1)

A licence holder may be required to keep

particular substances, instruments or both substances and instruments

deemed necessary to ensure the safety of the animal and of the general

public

Provided that substances that require a veterinary

prescription shall be under the responsibility of the zoo’s veterinary

surgeon.

(2)

A licence holder of a zoo housing dangerous animals

shall be required to keep a tranquiliser gun and, or any other

appropriate instrument or device in the zoo for the purpose of

tranquilising animals. Such device or instrument shall only be used to

aid in the handling of an animal which cannot be restrained by

alternative methods, or in case of extreme necessity when the animal is

out of control, or is exposing a human or other being to danger.

(3)

Licence holders required to keep a tranquilizer gun, and,

or any other appropriate instrument, or device in accordance with these

regulations, shall comply with all relevant laws and regulations

relating to such instruments.

(4)

Any psychotropic and, or dangerous substances available

to a licence holder in terms of this regulation shall

(a)

be procured with the Director’s written approval

through the submission of the application form by the licence

holder;

(b)

be replenished with the Director’s written

approval, as necessary

Provided that the Director may refuse authorisation or

the replenishing of any substances to the licence holder.

(5)

The Director shall keep a record of the type and quantity

of the substances kept by each licence holder and the refusals of any

substances.

(1)

The Director shall keep a record of all the licensed

zoos including

(a)

the details and contact details of the licence

holder;

(b)

the full address of the zoo where the animals are

kept;

(c)

a site plan with the exact location of where the

animals are kept;

(d)

an official site plan issued by the Land

Registration Agency;

KEEPING OF ANIMALS IN ZOOS

(e)

the number and species of the Schedule animals

authorised to be kept by the licence holder;

(f)

a list of animal care staff and contractors which

shall include their basic information together with their

qualifications and, or training and, or experience;

(g)

the

zoo

veterinary

surgeon’s

details

and

qualifications

Provided that the Director may request at any time

from the licence holder, any other relevant information or

additional document, which is deemed necessary for the

purpose of these regulations. Any processing of personal data

pertaining to natural persons shall be in compliance with the

principles of processing of personal data pursuant to Article 5

of Regulation (EU) 2016/679.

(2)

A licence holder shall keep records in relation to the

animals housed within the zoo, which records shall include

(a)

the scientific and common names of the animal

species;

(b)

when applicable, the irreversible means of

identification of the animal as indicated in regulation 6(2);

(c)

the complete traceability of the origin of the

animals, including the complete names of persons and, or

entities, their address, contact details and details of their

connection to the animal from the animal’s birth to the last

owner before the animal was transferred to the zoo;

(d)

where applicable, the animal’s medical and

surgical history, including veterinary prescriptions relative

thereto;

(e)

a constantly updated detailed census of animals

which is to include

(i)

the number of addition of animals from all

sources which shall be updated within seven (7) days;

(ii)

the number of deaths and the age of the

animal at death which shall be updated within seven (7)

days from the death of said animal;

(iii) the number of animals leaving the zoo

through sales, loans or escapes, which shall be updated

within seven (7) days from the sale, loan or escape;

(f)

causes of any deaths for the Schedule animals;

(g)

any document related to the animal’s importation

or transfer.

(3)

The licence holder shall keep records of substances

mentioned in regulation 14 used on animals including

(a)

the batch number of the products used;

(b)

the quantity in which the substance is used;

(c)

the time, place and reason why the substance was

used

Provided that these records shall be made

available upon request by the Director.

(4)

The licence holder shall keep records of the feed given to

the animals, and its origin according to guidelines which may be

issued by the Director through notice in the Gazette.

(5) Any of the records referred to in this regulation shall be

made available at any time upon request by the Director.

(1)

Regular inspections shall be carried out at least

once (1) a year by the Director to verify that the licensing conditions

are being adhered to

Provided that the Director may carry out an inspection on

the licence holder at any time and at his discretion.

(2)

Before issuing a licence for a zoo and before renewing or

amending the conditions of a licence, an inspection shall be carried out

by the Director.

(3)

The Director shall have the authority to enter without

prior notification into a licensed zoo, or any site where there is a

suspicion that animals are being kept without the required

authorisation.

(4)

The Director’s authority to inspect extends to any

enclosure, equipment, substances and records with a view of

ascertaining the proper keeping, health and welfare of any animal as

well as the proper administration of substances and equipment and

compliance with the same and any other applicable regulations and

conditions imposed on the licence holder

Provided that the Director shall also be empowered to

inspect any site where there is a suspicion that animals are being kept

without the necessary authorisation and which is not licensed in

KEEPING OF ANIMALS IN ZOOS

accordance with these regulations.

(5)

The Director may request the assistance of the Police at

any time before and, or during the inspection.

(1)

The Director shall serve an enforcement notice on

any licence holder or a person operating a site as a zoo not licensed in

accordance with these regulations.

(2)

An enforcement notice shall be served on any licence

holder or a person operating a site as a zoo not licensed in accordance

with these regulations, who

(a)

did not meet the licensing conditions and, or is

operating a site as a zoo not licensed in accordance with these

regulations, as the case may be;

(b)

is keeping an animal in an inappropriate manner

regarding its safety and welfare, and, or the safety and welfare

of the general public;

(c)

is keeping an animal in an enclosure which fails to

fulfil the requirements imposed on the licence holder by these

regulations;

(d)

has otherwise breached these regulations, any

other applicable laws or regulations or any condition imposed

upon him

Provided that in the event that the enforcement

notice cannot be served for any reason on the licence holder or

the person operating a site as a zoo not licensed in accordance

with these regulations, the said enforcement notice shall be

affixed in a place visible to the public at the zoo or the site

which is being operated as a zoo and which is not licensed in

accordance with these regulations.

(3)

An enforcement notice shall require accordingly the

licence holder or a person operating a site as a zoo not licensed in

accordance with these regulations, as the case may be, to

(a)

conform with these regulations or any other laws

or regulations within a period which the Director may establish;

(b)

conform with any condition imposed upon him by

the Director within a period which the Director may establish;

(c)

carry out such works or take such steps as the

Director may deem necessary and appropriate to remedy or

prevent the continuation or repetition of any breach to which

the enforcement relates, within a period which the Director may

establish, or;

(d)

relinquish his authorisation as a licence holder in

terms of these regulations.

(4)

An enforcement notice shall

(a)

state the period of time within which the licence

holder is to comply with the order contained therein;

(b)

inform the licence holder or the person operating a

site as a zoo not licensed in accordance with these regulations

of the right of appeal under these regulations

Provided that the period of time within which the

licence holder is to comply with an order contained in an

enforcement notice shall be reasonable, depending on the

circumstances, but shall never exceed one (1) year.

(5)

The Director may at any time

(a)

withdraw the enforcement notice;

(b)

extend the period for compliance with any

requirement contained in the enforcement notice;

(c)

modify the enforcement notice.

(1)

If any of the licensing conditions are not met, the

Director may order closure of the zoo or part thereof to the public

Provided that the Director shall with immediate effect

order the closure of a site which is being operated as a zoo not licensed

in accordance with these regulations.

(2)

Upon closure of the zoo, or part thereof, or upon closure

of the site which is being operated as a zoo not licensed in accordance

with these regulations, the Director may confiscate on site the animals

in question, which might be relocated, locally or abroad at the expense

of the license holder or the person operating a site as a zoo which is not

licensed in accordance with these regulations, within a period to be

specified by the Director.

(3)

In the event of a zoo or part thereof being closed or upon

closure of a site which is being operated as a zoo not licensed in

accordance with these regulations, the Director shall ensure that the

animals concerned are treated, or relocated, or where necessary the

Director may make any other necessary arrangements in observance of

the provisions of these regulations.

(4)

Euthanasia of animals is only permissible

(a)

where it conforms with the principles relating to

species conservation and welfare, and no other reasonable

alternative for relocation or the sheltering of animals has been

found; or

(b)

to ensure public safety in the event that public

safety is compromised by the animals; or

(c)

in the interest of animal health and welfare in case

potential outbreaks of transmissible animal diseases.

(5)

Any dangerous animal which is found in a zoo without

the Director’s authorisation by a licence holder, may be placed under

the authority of the Director and, or the animal may be relocated to

another zoo or place which may be even outside the country at the

expense of the licence holder

Provided that any dangerous animal found without

authorisation on a site being operated as a zoo not licensed in

accordance with these regulations shall be placed under the authority

of the Director and, or the animal may be relocated to a zoo or another

place which may also be abroad at the expense of the person operating

a site as a zoo which is not licensed in accordance with these

regulations.

Provided further that the relocation of the animal which is

found in a zoo without authorisation or on a site being operated as a

zoo not licensed in accordance with these regulations, shall be carried

out by the licence holder or the person who is operating a site as a zoo

not licensed in accordance with these regulations in collaboration with

the Director, who shall ensure that the animal in question has arrived

safely at the designated destination

Provided further that before the relocation of the animal

takes place in accordance with this regulation, the animal shall still be

treated and cared for by a licence holder or the person operating a site

as a zoo not licensed in accordance with these regulations.

(6)

All possible expenses related to this regulation shall be

solely borne by the licence holder and, or the person operating a site as

a zoo not licensed in accordance with these regulations.

(7)

The Director shall not be liable for any matter during

confiscation, relocation, transportation, or movement of said animal.

(8)

In the interest of public safety and national security, any

escape shall be immediately reported by the licence holder or the

person operating a site as a zoo not licensed in accordance with these

regulations to the competent authorities

Provided that any expenses incurred by the Director or

competent authorities in relation to the capturing of escaped or

released animals, shall be borne by the licence holder and, or the

person operating a site as a zoo not licensed in accordance with these

regulations.

(1)

Decisions of the Director in terms of these

regulations shall be subject to a right of appeal before the

Administrative Review Tribunal established by article 5(1) of the

Administrative Justice Act.

(2)

An appeal in terms of this regulation shall be filed within

twenty (20) days from the notification of the Director’s decision

Provided that the Director’s decision shall become

immediately applicable and enforceable and shall remain applicable

throughout the term of appeal until final judgment by the

Administrative Review Tribunal and shall remain applicable unless it

is overturned by the Tribunal or withdrawn by the Director.

(3)

The provisions of the Code of Organization and Civil

Procedure regarding the right to appeal shall, mutatis mutandis, be

applicable to these regulations.

The provisions of these regulations shall under no

circumstances, be interpreted as to limit, substitute or exclude the

applicability of any other laws or regulations, including those relating

to trade, movement or importation of animals, and the holding of

substances or arms.

The Director may, from time to time, provide for any

additional requirements with regard to the keeping of an animal in a

zoo and shall determine an applicant or licence holder’s knowledge of

a particular animal’s welfare and safety requirements prior to

authorising the applicant or the licence holder to keep any animal.

(1)

Any person who contravenes or acts in violation

of these regulations shall on conviction be guilty of an offence and

shall be liable to the penalties established in the Act.

(2)

Where the Director has reasonable cause to believe that

an offence against these regulations has been committed and that it

would be appropriate to impose an administrative penalty under article

47 of the Act, the Director shall proceed in accordance with the

provisions of the said article.

KEEPING OF ANIMALS IN ZOOS

Schedule

List of Dangerous Animals

Scientific name

Common name or names

MAMMALS

Marsupials

Family Dasyuridae

The Tasmanian devil.

The species Sarcophilus laniarius.

Family Macropodidae

The western and eastern grey

kangaroos, the wallaroo and the red

The

species

Macropus kangaroo.

fuliginosus,

Macropus

giganteus,

Macropus robustus and Macropus rufus.

Primates

Scientific name

Common name or names

Family Cebidae

New-world monkeys

(including

capuchin, howler, saki, uacari, spider

All species except those of the and woolly monkeys).

genera Aotus, Callicebus and Saimiri.

Night monkeys (also known

as owl monkeys), titi monkeys and

squirrel monkeys are exempt.

Family Cercopithecidae

Old-world monkeys (including

baboons, the drill, colobus monkeys, the

All species.

gelada, guenons,

langurs,

leaf

monkeys, macaques, the mandrill,

mangabeys, the patas and proboscis

monkeys and the talapoin).

Family Hominidae

Anthropoid

apes;

chimpanzees, bonobos, orangutans and

All species except those of the gorillas.

genus Homo.

Family Hylobatidae

Gibbons and Siamangs.

All species.

Family Indriidae

Leaping lemurs (including the

indri and sifakas). The woolly lemur is

All species of the genera exempt.

Propithecus and Indri (Avahi lanigeris

excepted).

Family Lemuridae

Large lemurs.

All species except those of the

Bamboo or gentle lemurs are

genus Hapalemur.

exempt.

Edentates

KEEPING OF ANIMALS IN ZOOS

Family Dasypodidae

The giant armadillo.

The species Priodontes maximus.

Family Myrmecophagidae

The giant anteater.

The

species

Myrmecophaga

tridactyla.

Carnivores

Scientific Name

Common name or names

Family Canidae

All species including wild dogs,

wolves, jackals, the maned wolf,

the

All species except those of the bush

dog,

dhole,

foxes, raccoon

genera Alopex, Cerdocyon, Dusicyon, dogs, dingo.

Otocyon,

Pseudolopex,

Urocyon,

Vulpes and Nyctereutes.

The domestic dog is exempt.

The species Canis familiaris and

Canis lupus familiaris, except for the

subspecies canis familiaris dingo, are also

exempt.

Scientific name

Common name or names

KEEPING OF ANIMALS IN ZOOS

Family Felidae

All cats including the bobcat,

caracal, cheetah, jaguar, leopard, lion,

All except

lynx, ocelot, puma, savannah, serval and

tiger.

(a) the species Felis silvestris,

The following are exempt

Otocolobus manul, Leopardus tigrinus,

Oncifelis geoffroyi, Oncifelis guigna,

(i) the wild cat, the pallas

Catopuma badia, Felis margarita, Felis

nigripes, Prionailurus rubiginosus and

cat, the little spotted cat, the

Geoffroy’s cat, the kodkod, the

Felis silvestris catus;

bay cat, the sand cat, the black-

(b) a

hybrid

which

is

footed cat, the rusty-spotted cat and

descended exclusively from any one or

the domestic cat;

more species within paragraph (a);

(ii) a hybrid cat which is

(ċ) a hybrid of which

descended exclusively from any

one or more species within

(i) one parent

is

Felis

paragraph (a);

silvestris catus, and

(iii) a hybrid cat having as

(ii) the other parent is a

one parent a domestic cat and as

first generation hybrid of Felis

the other parent a first generation

silvestris catus and any cat not

hybrid of a domestic cat and any

found in paragraph (a);

cat not found in paragraph (a);

(d) any

cat

which

is

(iv) any cat which is

descended exclusively from any one or

descended exclusively from any

more hybrids found in paragraph

(c)

one or more hybrids found in

(ignoring, for

the

purpose

of

paragraph (c);

determining exclusivity of descent, the

parents and remoter ancestors of any

(v) any cat which is

hybrid within paragraph (c));

descended exclusively from a

domestic cat and any one or

(e) any

cat

which

is

more hybrids found in paragraph

descended exclusively

from

Felis

(c).

silvestris catus and any one or more

hybrids found in paragraph (c) (ignoring,

for the purpose of

determining

exclusivity of descent, the parents and

remoter ancestors of any hybrid within

paragraph (c)).

Hyænas. The aardwolf is exempt.

Family Hyaenidae

All except the species Proteles

cristatus.

KEEPING OF ANIMALS IN ZOOS

Common name or names

Scientific name

Family Mustelidae

Badgers (except the Eurasian

badger), otters (except the European

All species of the genera otter) and the tayra, wolverine, fisher

Amblonyx, Arctonyx, Aonyx, Enhydra, and ratel (otherwise known as the honey

Lontra, Melogale, Mydaus, Pteronura badger).

and Taxidea.

The genus Lutra except the species

Lutra lutra.

The species Eira barbara, Gulo

gulo, Martes pennanti and Mellivora

capensis.

Family Ursidae

All bears including the giant

panda and the red panda.

All species including the species

Ailuropoda melanoleuca and Ailurus

fulgens.

Family Viverridae

The African, large-spotted, Malay

and Indian civets and the fossa.

All of the genus Civettictis.

All of the genus Viverra.

The species Cryptoprocta ferox.

Pinnipedes

Family Odobenidae

The walrus.

All species.

Eared seals.

Family Otariidae

All species.

Family Phocidae

True or earless seals.

All species except Phoca vitulina

The common seal (or harbour

and Halichoerus grypus.

seal) and grey seal are exempt.

Elephants

Family Elephantidae

Elephants.

All species.

Aardvark

Family Orycteropodidae

Aardvark.

The species Orycteropus afer.

Odd-toed ungulates

KEEPING OF ANIMALS IN ZOOS

Family Rhinocerotidae

Rhinoceroses.

All species.

Scientific name

Common name or names

Family Tapiridae

Tapirs.

All species.

Even-toed ungulates

Family Antilocapridae

The pronghorn.

The

species

Antilocapra

americana.

Family Bovidae

Antelopes, bison, buffalo, gazelles,

goats and sheep.

All species except any domestic

form of the genera Bos, Bubalus,

Domestic cattle, buffalo, goats and

Capra and Ovis.

sheep are exempt.

Family Cervidae

The moose or elk and the caribou

or reindeer.

All species of the genera

and Rangifer, except any

The domestic moose or elk

Alces

domestic form of these species.

and the caribou or reindeer are exempt.

Family Giraffidae

The giraffe and the okapi.

All species.

Family Hippopotamidae

The

hippopotamus

and

the

pygmy hippopotamus.

All species.

Family Suidae

Old-world pigs (including the wild

boar and the wart hog).

All species except any domestic

form of the species Sus scrofa.

The domestic pig is exempt.

Family Tayassuidae

New-world pigs (otherwise known

as peccaries).

All species.

KEEPING OF ANIMALS IN ZOOS

Hybrids

Any mammalian hybrids with at

least one parent of a specified kind, and

Any hybrid of a kind of animal any animal of which at least one parent is

specified (other than by way of such a hybrid.

exception) in the foregoing provisions

of this column where at least one

This does not apply to exempt

parent is of a kind so specified, and any cat hybrids.

animal of which at least one parent is

such a hybrid.

This does not include an excepted

hybrid of the Family Felidae.

REPTILES

Crocodilians

Family Alligatoridae

Alligators and caimans.

All species.

Family Crocodylidae

Crocodiles and the false gharial.

All species.

Scientific name

Common name or names

Family Gavialidae

The gharial (otherwise

known

as the gavial).

All species.

Lizards and snakes

Family Atractaspididae

Burrowing asps, also known as

mole or burrowing vipers and stiletto

All species of

the

genus snakes.

Atractaspis.

Family Colubridae

Certain rear-fanged venomous

snakes, Montpellier snakes and African

All species of the genera Malpolon vine snakes (otherwise known as

and Thelotornis.

African twig or bird snakes).

The species Dispholidus typus,

The boomslang, the red-necked

Rhabdophis keelback, the yamakagashi (otherwise

Rhabdophis subminiatus,

lemniscatus, known as the Japanese tiger-snake), the

tigrinus, Elapomorphus

Tachymenis Argentine black-headed snake, the South

Philodryas

olfersii,

peruviana and Xenodon severus.

American green racer, the Peruvian racer

and the Amazon false viper.

Family Elapidae

Certain front-fanged venomous

snakes including cobras, coral snakes,

All species.

kraits, mambas, whipsnakes and all

Australian poisonous snakes (including

the death adders).

KEEPING OF ANIMALS IN ZOOS

Family Hydrophiidae

Sea snakes.

All species.

Family Helodermatidae

The gila monster

and

the

(Mexican) beaded lizard.

All species.

Family Viperidae

Certain front-fanged venomous

snakes (including adders, the barba

All species.

amarilla, the bushmaster, the fer-de-

lance, moccasins, rattlesnakes and

vipers).

INVERTEBRATES

Spiders

Family Ctenidae

Wandering spiders, and other

species that might cause physical

The genus Phoneutria.

harm to humans and, or the eco-system.

Family Hexathelidae

The Sydney funnel-web spider

and its close relatives, and other species

The genus Atrax.

that might cause physical harm to

humans and, or the eco-system.

Family Sicariidae

Brown recluse spiders (otherwise

known as violin spiders), and other

The genus Loxosceles.

species that might cause physical harm

to humans and or the eco-system.

Scientific name

Common name or names

Family Theridiidae

The widow spiders and close

relatives, and

other

species

that

The genus Latrodectus.

might cause physical harm to humans

and, or the eco-system.

Scorpions

Family Buthidae

Buthid scorpions and other species

that might cause physical harm to

All species.

humans and, or the eco-system.

Family Hemioscorpiidae

Middle-Eastern

thin-tailed

scorpion and or other species that might

The

species

Hemiscorpius cause physical harm to humans and the

eco-system

lepturus.