S.I. No. 16/1972 - Rabies (Importation, Landing and Movement of Animals) Order, 1972.


S.I. No. 16 of 1972.

RABIES (IMPORTATION, LANDING AND MOVEMENT OF ANIMALS) ORDER, 1972.

I, JAMES GIBBONS, Minister for Agriculture and Fisheries, in exercise of the powers conferred on me by sections 3 , 10 , 11 and 30 of the Diseases of Animals Act, 1966 (No. 6 of 1966), for the prevention of the spreading of rabies, hereby order as follows:—

1. (1) This Order may be cited as the Rabies (Importation, Landing and Movement of Animals) Order, 1972.

(2) The Rabies Order, 1933 (S.R. & O., No. 16 of 1933), and Article 8 of this Order may be cited together as the Rabies Orders, 1933 and 1972.

2. This Order shall come into operation on the 31st day of January, 1972.

3. In this Order " the Act " means the Diseases of Animals Act, 1966 (No. 6 of 1966).

4. In order to provide further for the prevention of the spreading of rabies, to extend for that purpose the application of sections 12, 15, 16, 17, 18, 26, 27, 28, 30, 31, 33, 34, 42 and 51 of the act and all other sections (including sections relating to offences and legal proceedings) containing provisions relative to or consequent on those sections, in so far as the references to animals contained in Part I of the First Schedule to the act do not include the animals of the orders of mammals specified in the Schedule to this Order, that Part shall be construed as if it contained a reference to any animal of the orders of mammals so specified.

5. Subject to Article 6 of this Order, the importation or landing of any animal of an order of mammals specified in the Schedule to this Order, other than a domestic dog or a domestic cat, is hereby prohibited save under and in accordance with a licence granted in that behalf by the Minister for Agriculture and Fisheries.

6. Article 5 of this Order shall not apply in respect of—

(a) the importation or landing of an animal which is shown to the satisfaction of the Revenue Commissioners to have been brought directly to the State from Northern Ireland, or

(b) an animal which is transhipped in a port or transferred from an aircraft to any part of an airport or from one aircraft to another aircraft in an airport under and in accordance with a permission in writing obtained from an inspector, authorised person or officer of Customs and Excise.

7. The Importation of Dogs and Cats Orders, 1929 to 1970, shall cease to have effect in relation to any animal of an order of mammals specified in the Schedule to this Order, other than a domestic dog or a domestic cat.

8. Article 3 (1) of the Rabies Order, 1933, shall be construed and have effect as if the definition of " animals " contained therein included a reference to every animal of the orders of mammals specified in the Schedule to this Order.

9. The Rodents and Insectivora (Restriction on Importation) Order, 1954 ( S.I. No. 114 of 1954 ), and the Rabies (Importation and Landing of Animals) Order, 1969 ( S.I. No. 248 of 1969 ), are hereby revoked.

SCHEDULE

Orders of Mammals.

1. The Order Carnivora, which Order includes the animals commonly called jackals, foxes, wolves, bears, raccoons, coatis, pandas, otters, weasels, martens, polecats, badgers, skunks, mink, ratels, genets, civets, linsangs, mongooses, hyaenas, ocelots, pumas, cheetahs, lions, tigers and leopards.

2. The Order Chiroptera, which Order includes the animals commonly called bats and flying foxes.

3. The Order Dermoptera, which Order includes the animals commonly called flying lemurs.

4. The Order Edentata, which Order includes the animals commonly called anteaters, sloths and armadillos.

5. The Order Hyracoidea, which Order includes the animals commonly called hyraxes.

6. The Order Insectivora, which Order includes the animals commonly called solenodons, tenrecs, otter shrews, golden moles, hedgehogs, elephant shrews, shrews, moles and desmans.

7. The Order Lagomorpha, which Order includes the animals commonly called pikas, rabbits and hares.

8. The Order Marsupialia, which Order includes the animals commonly called opossums, marsupial mice, dasyures, marsupial moles, marsupial anteaters, bandicoots, rat opossums, cuscusses, phalangers, koalas, wombats, wallabies and kangaroos.

9. The Order Primates, which Order includes the animals commonly called tree-shrews, lemurs, indrises, sifakas, aye-ayes, lorises, bushbabies, tarsiers, titis, uakaris, sakis, howlers, capuchins, squirrel monkeys, marmosets, tamarins, macaques, mangabeys, baboons, langurs, gibbons and great apes.

10. The Order Rodentia, which Order includes the animals commonly called gophers, squirrels, chipmunks, marmots, scaly-tailed squirrels, pocket mice, kangaroo rats, beavers, mountain beavers, springhaas, mice, rats, hamsters, lemmings, voles, gerbils, water rats, dormice, jumping mice, jerboas, porcupines, cavies, capybara, chinchillas, spiny rats and gundis.

GIVEN under my Official Seal, this 24th day of January, 1972.

JAMES GIBBONS,

Minister for Agriculture and Fisheries.

EXPLANATORY NOTE.

For purposes connected with the prevention of the introduction of rabies this Order extends the application of certain sections of the Diseases of Animals Act, 1966 to all animals of the ten Orders of mammals named in the Schedule to the Order and prohibits, save under licence of the Minister for Agriculture and Fisheries, the importation or landing of such animals, except domestic dogs and cats, from places other than Northern Ireland.

The Order revokes and replaces the Rodents and Insectivora (Restriction on Importation) Order, 1954 and the Rabies (Importation and Landing of Animals) Order, 1969.

The Order also extends the definition of " animals " in the Rabies Order, 1933, so as to include all the animals of the Orders of mammals specified in the Schedule to the Order.