Diseases of Animals (Bovine Tuberculosis) Act, 1957

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Orders in relation to bovine tuberculosis.

2.—(1) The power of making orders conferred by section 22 of the Principal Act and now vested in the Minister shall extend to and include the making by the Minister, where it appears to him to be necessary for the purpose of the progressive eradication of bovine tuberculosis, of all or any of the following orders:

(a) orders declaring areas (in this Act referred to as clearance areas) to be areas in which bovine tuberculosis is to be eradicated;

(b) orders declaring areas (in this Act referred to as accredited areas), being areas in which the Minister is satisfied that bovine tuberculosis is virtually non-existent, to be areas in which bovine tuberculosis has been eradicated;

(c) in relation to any clearance area or accredited area, orders for all or any of the following purposes:

(i) requiring the carrying out of tests of cattle for tuberculosis and the furnishing to the Minister of the results of the tests,

(ii) with respect to cattle affected or suspected of being affected or capable of infecting cattle with tuberculosis—

(I) authorising the taking possession, by agreement, of the cattle by or on behalf of the Minister and their disposal as the Minister thinks fit,

(II) in default of agreement as aforesaid, securing and regulating the removal out of the area or slaughter of the cattle,

(III) securing and regulating isolation and maintenance of the cattle pending their being taken possession of by or on behalf of the Minister or removed out of the area or slaughtered,

(iii) prohibition or restriction of the movement of animals into, out of, through or within the area,

(iv) securing and regulating repair or reconstruction of cow byres or boundary fences,

(v) securing and regulating cleansing and disinfection of premises and removal therefrom and subsequent disposal of dung, litter, fodder or any other thing,

(vi) prohibition or restriction of the movement of any feeding stuff or other material into, out of, or within the area or land or premises in the area,

(vii) securing and regulating effective isolation on land or premises, and prohibition or restriction of movement into or out of land or premises or part thereof, of animals affected or suspected of being affected or capable of infecting cattle with tuberculosis,

(viii) securing and regulating isolation and testing from time to time of cattle brought on to land or premises,

(ix) securing and regulating the keeping of records in relation to cattle and the production and inspection of the records,

(x) specifying, where notices are to be served of requirements under orders made by virtue of this paragraph, the form of notice,

(xi) providing, in cases in which there has been failure to comply with requirements of any such notice, for—

(I) in case the notice requires removal out of the area or slaughter of cattle, the taking possession of the cattle by or on behalf of the Minister, their disposal as the Minister thinks fit and the recovery (without prejudice to any penalty that may have been incurred) of the cost of taking possession of the cattle and of thereafter maintaining them and disposing of them,

(II) in any other case, the carrying out of the requirements of the notice by or on behalf of the Minister and the recovery (without prejudice to any penalty which may have been incurred) of the cost of carrying out the requirements,

(xii) purposes ancillary or incidental to any of the foregoing purposes (including authorisation of entry on land or premises);

(d) orders for all or any of the following purposes:

(i) regulating the transit and lairage of cattle,

(ii) regulating the holding of markets, fairs, exhibitions or sales of animals and the exposure of animals thereat,

(iii) prescribing and regulating the cleansing and disinfection of vehicles, places, pens and fittings used for cattle,

(iv) prescribing the conditions under which cattle may be exported, including designating ports, or parts of ports, or routes for such export,

(v) prescribing and regulating the issue and production of licences respecting movement and removal of cattle and things,

(vi) specifying and regulating tests of animals for tuberculosis,

(vii) prohibition, except with the consent of the Minister, of tests of animals for tuberculosis (not being tests under section 7 of this Act or tests required to be carried out by or under orders made by virtue of this section),

(viii) prohibition, except with the consent of the Minister, of vaccination of cattle against tuberculosis,

(ix) securing and regulating marking of cattle for purposes of identification and prohibition of effacement, obliteration, alteration or removal of any such marking,

(x) purposes ancillary or incidental to any of the foregoing purposes.

(2) A holding situate partly within and partly without any clearance area or accredited area shall be deemed to be wholly within that area, but where a holding is situate wholly or partly within two or more such areas, it shall be deemed to be wholly within the area first declared to be an accredited area or, if no part is within an accredited area, then wholly within the area first declared to be a clearance area.

(3) Tuberculosis shall be a disease for the purposes of sections 43, 44, 65 and 74 of the Principal Act, and also for the purposes of all other sections of that Act (including sections relating to offences and legal proceedings) containing provisions relative to or consequent on the provisions of those sections and the orders made by virtue of this section.