ANIMAL CARE AND PROTECTION ACT 2001 - SECT 159 Power to give animal welfare direction

ANIMAL CARE AND PROTECTION ACT 2001 - SECT 159

159 Power to give animal welfare direction

(1) The inspector may give a written direction (an
"animal welfare direction" ) requiring stated action about—

(a) the animal or its environment; or

(b) if section 158 (1) (c) applies—the non-compliance with the compulsory code requirement.

(2) The direction may be given to—

(a) a person in charge of the animal; or

(b) a person whom the inspector reasonably believes is in charge of the animal; or

(c) if the animal has been seized under division 4 , subdivision 1 —

(i) a person who, immediately before the seizure, was a person in charge of the animal; or

(ii) a person whom the inspector reasonably believes was, immediately before the seizure, a person in charge of the animal; or

(d) another person to whom a relevant compulsory code requirement applies.

(3) Without limiting subsection (1) , the direction may require any of the following action to be taken—

(a) care for, or treat, the animal in stated way;

(b) provide the animal with stated accommodation, food, rest, water or other living conditions;

(c) consult a veterinary surgeon about the animal’s condition before a stated time;

(d) move the animal from the place where it is situated when the direction is given to another stated place for a purpose mentioned in paragraph (a) , (b) or (c) ;

(e) not to move the animal from the place where it is situated when the direction is given.

(4) However, action may be required only if the inspector considers it to be necessary and reasonable in the interests of the animal’s welfare.

(5) The direction may state how the person given the direction may show that the stated action has been taken.