KEEPING OF WILD ANIMALS IN ZOOS REGULATIONS *

KEEPING OF WILD ANIMALS IN ZOOS

SUBSIDIARY LEGISLATION 439.08

KEEPING OF WILD ANIMALS IN ZOOS

REGULATIONS *

30th September, 2003

LEGAL NOTICE 265 of 2003, as amended by Legal Notice 426 of 2007.

(1) The title of these regulations is the Keeping of Wild

Animals in Zoos Regulations.

(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.

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 seven or more

d a y s a y e a r, w i t h t h e e x c e p t i o n o f ci r c u s e s , p e t s h o p s a n d

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.

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

(a) 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,

(b) promoting public education and awareness in relation

to the conservation of biodiversity, particularly by

providing information about the species exhibited and

their natural habitats,

(c) accommodating their animals under conditions which

aim to satisfy the biological and conservation

requirements of the individual species, inter alia, by

*These regulations have been repealed by Legal Notice 199 of 2024.

KEEPING OF WILD ANIMALS IN ZOOS

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,

(d) preventing the escape of animals in order to avoid

possible ecological threats to indigenous species and

preventing intrusion of outside pests and vermin,

(e) keeping of up-to-date records of the zoo’s collection

appropriate to the species recorded.

(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 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.

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.

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

Animal Welfare Act, 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 twenty-three thousand and two

hundred and ninety-three euro and seventy-three cents (23,293.73).

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

the Court may also order any person who is found guilty of

KEEPING OF WILD ANIMALS IN ZOOS

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.