Animals Act, 1985
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Provisions relating to certain residential areas. |
6.—(1) In this section— | |
“development” has the meaning assigned to it by section 3 of the Local Government (Planning and Development) Act, 1963 ; | ||
“planning permission” means permission for the development of land granted under Part IV of that Act; | ||
“superintendent” means a superintendent of the Garda Síochána and includes an inspector of the Garda Síochána acting as a superintendent. | ||
(2) This section shall apply in relation to any land in respect of which— | ||
(a) planning permission has been obtained for any residential development, and | ||
(b) the development (including maintenance of roads until taken in charge by the local authority concerned) has not been completed. | ||
(3) A local authority may by order designate any land in its functional area to which this section applies, or any portion of such land, to be a designated area for the purposes of this section, and may revoke a designation under this subsection. | ||
(4) In any proceedings in respect of damage caused by an animal which has strayed from land which is for the time being a designated area, the occupier of the land shall, in any case where such occupier has not given permission for the animal to be on the land, be liable for the damage caused as if he were the owner of such animal. | ||
(5) Notwithstanding subsection (4), the occupier of land which is for the time being a designated area shall not be liable for any damage caused as aforesaid during the period specified in a notice which is in accordance with subsection (6), in any case where he has given such notice to the local authority in whose functional area the land is situated and to the superintendent of the district in which the land is situated. | ||
(6) The notice referred to in subsection (5) shall be to the effect that, in respect of the period specified in the notice, the occupier of the land does not intend to give permission to any person, save for such persons as may be specified in the notice, to allow any animal to be on the land and shall authorise the local authority in whose functional area the land is situated and the Garda Síochána to remove any animal not so allowed to be on it. | ||
(7) Section 4 shall apply in relation to any animal removed from a designated area on foot of an authorisation given in a notice which is in accordance with subsection (6) as if such animal had been found wandering in a public place or trespassing on an open space owned by a local authority. |