New South Wales Consolidated Acts

ANIMAL DISEASES (EMERGENCY OUTBREAKS) ACT 1991

- As at 25 June 2008
- Act 73 of 1991

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Crown bound by this Act
   5.      Application of this Act to land
   6.      Application of this Act to animals
   6A.     Meaning of “emergency animal disease”

   PART 2 - RESPONSIBILITIES OF ANIMAL OWNERS AND OTHERS

   7.      Duty to notify
   8.      Separation of infected animals and products
   9.      Possession or administration of animal disease agents

   PART 3 - DECLARED AREAS ETC

           Division 1 - Infected places and infected vehicles

   10.     Declaration of infected place
   11.     Declaration of infected vehicle
   11A.    Extent of declaration
   12.     Permit for entry or exit
   13.     Entry and exit points
   14.     Notice of order declaring area or vehicle infected

           Division 2 - Restricted areas

   15.     Declaration of restricted area
   16.     Permit for entry or exit
   17.     Variation of boundaries of restricted areas including parts of roadways
   18.     Entry and exit points
   19.     Notice of order constituting restricted area
   20.     Area restriction order

           Division 3 - Control areas

   21.     Declaration of control area
   22.     Control orders
   23.     Notice of order constituting control area

           Division 4 - General

   24.     Permits
   25.     Restraint of persons
   26.     Interfering with fence or gate in declared area
   27.     Other functions and liabilities not affected

   PART 4 - OTHER POWERS OF THE MINISTER

           Division 1 - Border security

   28.     Entry of animals etc from outside State
   29.     Duration of importation order
   30.     Notification of importation order
   31.     Contravention of importation order

           Division 2 - Particular premises, animals etc

   32.     Destruction of animals, premises and other property
   33.     Notice of destruction order
   34.     Enforcement of destruction order

   PART 5 - POWERS OF INSPECTORS

           Division 1 - Local quarantines

   35.     Quarantine of places and vehicles
   36.     Duration of quarantine order
   37.     Notice of quarantine order
   38.     Contravention of quarantine order
   38A.    Undertaking in certain cases

           Division 2 - Disinfection orders

   39.     Disinfection of places and vehicles
   40.     Contravention of disinfection order

           Division 3 - Power of seizure

   41.     Seizure for unauthorised movements
   42.     Seized animals and property

           Division 4 - Power to obtain information

   43.     Verbal and documentary information
   44.     Offences in connection with information

           Division 5 - Miscellaneous powers

   45.     Search and entry and other powers
   46.     Requiring assistance
   47.     Request for assistance

           Division 6 - Ancillary matters

   48.     Search warrant
   49.     Production of identity card
   50.     Obstruction etc

   PART 6 - EMERGENCY ANIMAL DISEASES COMPENSATION AND ERADICATION FUND

   51.     Establishment of the Fund
   52.     Payments to the Fund
   53.     Purposes of the Fund

   PART 7 - COMPENSATION

   54.     Declaration of compensable diseases
   55.     Compensation payable to owners of animals and property
   56.     The “relevant time” for evaluation of compensation
   57.     Market value to take no account of disease
   58.     Local markets
   59.     Settlement
   60.     Other losses excluded
   61.     Claims
   62.     Recovery of compensation
   63.     Reduction of amount claimed
   64.     Disputed claims
   65.     False claims

   PART 8 - ADMINISTRATION

   66.     Appointment of Chief Veterinary Officer
   67.     Delegation
   68.     Appointment of inspectors
   69.     Identity cards
   69A.    Fees for services

   PART 9 - MISCELLANEOUS

   70.     Reasonable suspicion of infection
   70A.    False or misleading statements
   71.     Proceedings for offences
   71A.    Penalty notices
   72.     Offences by corporations
   73.     Offences by officers of corporations
   73A.    Service of documents
   74.     Non-compliance with order or undertaking
   75.     Protection of Minister, inspectors and others
   75A.    Exclusion of personal liability for information required to be provided under this Act
   76.     Protection of control programs
   77.     Posting of signs
   78.     Regulations
           79, 80. (Repealed)
   81.     Savings and transitional provisions
   82.     Notes in text
           SCHEDULE 1
            Dictionary