- ARRANGEMENT OF SECTIONS
- PART I. – PRELIMINARY
- PART II. – ANIMAL TRESPASS
- PART III. – POUNDS
- 11. INTERPRETATION OF PART III
- 11. INTERPRETATION OF PART III
- 12. APPLICATION OF PART III
- 13. POUNDS
- 14. POUNDKEEPERS
- 15. POUND BOOK
- 16. FEES
- 17. TABLE OF FEES
- 18. IMPOUNDING
- 19. IMPOUNDING AT NEAREST POUND
- 20. IMPOUNDED ANIMALS
- 21. RECOVERY OF IMPOUNDED ANIMALS
- 22. POSTING OF NOTICE OF IMPOUNDING
- 23. SALE BY AUCTION OF IMPOUNDED ANIMALS
- 24. DESTRUCTION OF UNSOLD ANIMALS
- 25. PROCEEDS OF SALE
- 26. ALLOWING ANIMALS TO STRAY
- PART IV. – STOCK BRANDS
- Division 1.
- Division 2.
- Division 3.
- 32. APPLICATION FOR REGISTRATION
- 33. REGISTRATION
- 34. CERTIFICATE OF REGISTRATION
- 35. REGISTER OF BRANDS AND EARMARKS
- 36. EFFECT OF REGISTRATION AS OWNER OF BRAND OR EARMARK
- 37. TRANSFER OF BRANDS AND EARMARKS
- 38. CANCELLATION OF REGISTRATION
- 39. CANCELLATION FOR NON-USER
- 40. CANCELLATION OF DEFACED BRAND
- Division 4.
- Division 5.
- Division 6.
- 51. OBSTRUCTION
- 52. FALSE STATEMENTS, ETC
- 53. DESTRUCTION OF REGISTER, ETC
- 54. USE OF BRANDS OR EARMARKS
- 55. COMPULSORY BRANDING OR EARMARKING
- 56. MANNER OF BRANDING OR EARMARKING
- 57. UNLAWFUL BRANDING OR EARMARKING
- 58. DEFACING BRANDS OR EARMARKS
- 59. DEFACING BRANDS ON HIDES
- 60. EFFECT OF POSSESSION OF STOCK OR HIDES BEARING DEFACED BRANDS
- 61. POSSESSION OF CERTAIN STOCK AND HIDES
- 62. CROPPING
- 63. FORFEITURE, ETC
- Division 7.
- PART V. – DOGS
- Division 1.
- Division 2.
- Division 3.
- 76. APPLICATION OF DIVISION 3.
- 77. LOCAL GOVERNMENT RULES AS TO DOGS.
- 78. OWNERSHIP.
- 79. REGISTRATION.
- 80. REGISTRATION OFFICERS.
- 81. DUTIES OF REGISTRATION OFFICERS.
- 82. REGISTRATION DISC.
- 83. PROOF OF REGISTRATION.
- 84. SEIZURE OF REGISTERED DOG FOUND WANDERING AT LARGE.
- 85. SEIZURE OF UNREGISTERED DOG FOUND WANDERING AT LARGE.
- 86. REGISTERED DOG NOT HAVING DISC
- 87. FALSE DECLARATION
- 88. REMOVING COLLAR
- Division 4
- 89. PROCEEDS OF SALE
- 90. REGULATIONS FOR THE PURPOSES OF PART V
- 92. EXEMPTIONS
- 93. AUTHORIZED OFFICERS
- 94. CRUEL ACTS
- 95. PROHIBITION OF CRUELTY
- 96. BAITING, ETC., OF ANIMALS
- 97. CAPTIVE ANIMALS
- 98. NEGLECT OR ABANDONMENT OF ANIMALS
- 99. RIGHT TO PROVIDE FOOD FOR CONFINED ANIMALS
- 100. DESTRUCTION OF SUFFERING ANIMALS
- 101. ARREST OF OFFENDERS
- 102. DETENTION OF ANIMAL OR VEHICLE AS SECURITY
- 103. PERMITTING CERTAIN OFFENCES
- 104. COMPENSATION
- PART VII. – MISCELLANEOUS
Animals Act 1952
Chapter 329.
Animals Act 1952 .
Certified on: / /20 .
INDEPENDENT STATE OF PAPUA NEW GUINEA.
Chapter 329.
Animals Act 1952 .
ARRANGEMENT OF SECTIONS.
1. Interpretation. 2. Interpretation of Part II. 3 . Straying animals. 4. Confinement of stock. 5. Complaint about unconfined animals. 6. Orders to confine animals. 7. Service of order. 8. Extension of time in order. 9. Forfeiture of animals not confined. 10. Using animals to make other person liable. 11. Interpretation of Part III. 12 . Application of Part III. 13 . Pounds. 14. Poundkeepers. 15. Pound book. 16. Fees. 17. Table of fees. 18. Impounding. 19. Impounding at nearest pound. 20. Impounded animals. 21. Recovery of impounded animals. 22. Posting of notice of impounding. 23. Sale by auction of impounded animals. 24. Destruction of unsold animals. 25. Proceeds of sale. 26. Allowing animals to stray. 27. Interpretation of Part IV. 28 . Chief Inspector of Brands. 29. Registrar and Deputy Registrars of Brands. 30. Inspectors of Brands. 31. Powers of inspectors. 32. Application for registration. 33. Registration. 34. Certificate of registration. 35. Register of Brands and Earmarks. 36. Effect of registration as owner of brand or earmark. 37. Transfer of brands and earmarks. 38. Cancellation of registration. 39. Cancellation for non-user. 40. Cancellation of defaced brand. 41. Horse and cattle brands. 42. Sheep brands and earmarks. 43. Distinctive brands. 44. Stud or herd book numbers. 45. Pound brands. 46. Official brands. 47. Departmental brands. 48. Branding. 49. Cattle earmarks. 50. Proof of ownership by vendor. 51. Obstruction. 52. False statements, etc. 53. Destruction of Register, etc. 54. Use of brands or earmarks. 55. Compulsory branding or earmarking. 56. Manner of branding or earmarking. 57. Unlawful branding or earmarking. 58. Defacing brands or earmarks. 59. Defacing brands on hides. 60. Effect of possession of stock or hides bearing defaced brands. 61. Possession of certain stock and hides. 62. Cropping. 63. Forfeiture, etc. 64. Half-yearly statements. 65. Brands Directory. 66. Evidence. 67. Regulations for the purposes of Part IV. 68 . Owners of dogs. 69. Destruction of dangerous dogs. 70. Attacks by dogs. 71. Compensation for damage by dogs. 72. Wilfully urging dogs to attack, etc. 73. Keeping of dogs in specified areas. 74. Female dogs on heat. 75. Prohibited areas. 76. Application of Division 3. 77. Local Government rules as to dogs. 78. Ownership. 79. Registration. 80. Registration Officers. 81. Duties of Registration Officers. 82. Registration disc. 83. Proof of registration. 84. Seizure of registered dog found wandering at large. 85. Seizure of unregistered dog found wandering at large. 86. Registered dog not having disc. 87. False declaration. 88. Removing collar. 89. Proceeds of sale. 90. Regulations for the purposes of Part V. 91 . Interpretation of Part VI. 92 . Exemptions. 93. Authorized officers. 94. Cruel acts. 95. Prohibition of cruelty. 96. Baiting, etc., of animals. 97. Captive animals. 98. Neglect or abandonment of animals. 99. Right to provide food for confined animals. 100. Destruction of suffering animals. 101. Arrest of offenders. 102. Detention of animal or vehicle as security. 103. Permitting certain offences. 104. Compensation. 105. Regulations.
INDEPENDENT STATE OF PAPUA NEW GUINEA.
AN ACT
entitled
Animals Act 1952 ,
Being an Act relating to trespass by, confinement of, identification of, and the prevention of
cruelty to, animals generally, and to provide for the control of dogs.
PART I. – PRELIMINARY.
1. INTERPRETATION.
In this Act, unless the contrary intention appears–
“brand” means a horse and cattle brand, a sheep brand or a distinctive brand; “branded stock” means stock that has been branded in accordance with Part IV ; “the Brands Directory” means the Brands Directory published under Section 65; “cattle” means any animal of the genus Bos; “cattle earmark” means a mark or cut upon the ear of any cattle; “the Chief Inspector of Brands” means the Chief Inspector of Brands appointed under Section 28; “court” means a court of summary jurisdiction; “crop” means to cut a straight cut taking off a portion of the ear of stock; “cruelty” means the intentional or deliberate infliction on an animal of pain that in–
(a) its kind or degree; or (b) its objects; or (c) its circumstances,
is unreasonable, wanton or malicious; “distinctive brand” means a brand that–
(a) is set apart by the Registrar of Brands for a specific purpose; or (b) the owner may brand on a horse or cattle to denote–
(i) the ownership of the horse or cattle by a member of a family or partnership, where a horse and cattle brand is registered jointly in the names of members of a family or partnership; or
(ii) the class, age or description of the horse or cattle; or
(iii) any other fact which the owner desires to denote;
“earmark” means a cattle earmark or a sheep earmark; “hide” means the skin taken from any kind of stock, or a portion of such a skin; “horse” means a horse, mare, gelding, colt, filly, ass, hinny or mule; “horse and cattle brand” means a brand consisting of the permanent impression by branding on any horse or cattle to denote ownership of the horse or cattle; “Inspector of Brands” means an Inspector of Brands appointed under Section 30, or an officer of the Police Force; “official brand” means a brand set apart by the Registrar and used to denote the cancellation of a brand; “official mark” means a mark set aside by the Registrar and used to denote the cancellation of a brand; “owner”, in relation to a registered brand or earmark or any stock or run, includes a person who is the authorized representative, agent, manager or overseer of the owner who has the custody or control of the stock; “person” includes a partnership; “pliers” means any instrument or contrivance approved by the Registrar or an Inspector for use in earmarking stock; “poundkeeper” includes the person for the time being in the authorized charge of a pound; “the Register” means the Register of Brands and Earmarks kept under Section 35; “registered” means registered under this Act; “the Registrar” means the Registrar of Brands appointed under Section 29, and includes a Deputy Registrar of Brands appointed under that section; “the regulations” means any regulations made under this Act; “residence” in relation to the owner of any stock, means his residence, house, homestead, office or head station; “saleyard” means a yard, premises or place where stock are–
(a) sold or offered or exposed for sale; or (b) held or kept for the purpose of being sold or offered or exposed for sale; or (c) kept or held on sale;
“sheep brand” means–
(a) a fire brand permanently impressed on the face or horns of a sheep or goat; or (b) a paint brand imprinted on the wool or any other part of a sheep or goat,
to denote ownership of the sheep or goat; “sheep earmark” means a mark or cut on the ear of a sheep or goat to denote ownership of the sheep or goat; “spay mark” means a circular mark not exceeding 40mm in diameter made or cut wholly within the off or near ear of any cow or heifer to denote that it has been spayed; “stock” means any horses, cattle or sheep; “this Act” includes the regulations.
PART II. – ANIMAL TRESPASS.
2. INTERPRETATION OF PART II.
In this Part, unless the contrary intention appears–
“animal” means any stock, goat or swine, of any age or sex.
3. STRAYING ANIMALS.
The owner of an animal trespassing on any land is guilty of an offence.
Penalty: A fine not exceeding K4.00, and in addition such compensation, not exceeding K40.00, to the person aggrieved as the court that convicts the offender thinks just.
4. CONFINEMENT OF STOCK.
(1) For the purposes of this Part, stock kept on land that, except where it is bounded by a natural or an artificial object that forms an effectual obstacle to the passage of stock, is enclosed by a proper fence in good repair, shall be deemed to be kept confined.
(2) The following constructions are proper fences for the purposes of this Part:–
(a) a post and rail fence at least 1,050mm high of substantial material, firmly erected–
(i) with no greater distance between the rails or between the bottom rail and the ground than 300mm; and (ii) posts not more than 2.75m apart;
(b) a substantial wire fence at least 1,050mm high having–
(i) wires tightly stretched with no greater distance between each of the three lowest wires, or between the bottom wire and the ground, than 180 mm; and (ii) posts not more than 3.5m apart; and (iii) straining posts not more than 90m apart;
(c) a wall of stone or other substantial material at least 1,200mm high and not less than 600mm wide at the bottom and 230mm wide at the top; (d) a substantial paling fence at least 1,050mm high with no greater distance between the palings than 100mm; (e) subject to Subsection (3)–
(i) a log or sapling fence; or (ii) a ditch; or (iii) a ditch and fence; or (iv) a ditch and wall; or (v) a ditch and hedge;
(f) a construction of any other kind declared by the Minister, by notice in the National Gazette, to be a proper fence for the purposes of this Part.
(3) A construction referred to in Subsection (2)(e) is not a proper fence for the purposes of this Part unless it is certified as a proper fence by the Provincial Administrator or by a person appointed by the Provincial Administrator for the purpose.
5. COMPLAINT ABOUT UNCONFINED ANIMALS.
(1) Where a complaint is made that an unconfined animal is a public nuisance, the Provincial Administrator for the province in which the animal is found may summon–
(a) any owner of or person who has charge of the animal; or (b) if there is no owner or person in charge of the animal in the country, any person in the country who apparently has a legal authority over or a legal interest in the animal,
to show cause why an order to keep the animal confined should not be issued.
(2) If after diligent inquiry the Provincial Administrator is unable to find a person in the country who–
(a) is an owner of or has charge of the animal; or (b) has or apparently has a legal authority over or a legal interest in the animal,
the Provincial Administrator may proceed to hear and determine the case–
(c) without summoning any person; and (d) without the presence at the hearing of any person as a defendant or the representative of a defendant.
6. ORDERS TO CONFINE ANIMALS.
(1) If on the hearing of a complaint under Section 5 the Provincial Administrator is of the opinion that an animal referred to in the complaint is, because it is not being kept confined, a public nuisance, he shall make an order in the prescribed form requiring the animal to be kept confined.
(2) The time after which the animal is to be kept confined shall be fixed by the Provincial Administrator having regard to the circumstances of the case.
(3) An order under this section is final.
7. SERVICE OF ORDER.
(1) An order made under Section 6 of this Act shall be in duplicate.
(2) One copy shall be kept by the Provincial Administrator who issues it and the other shall, subject to Subsections (3) and (4), be served on some person in the country who is an owner of or has charge of the animal to which the order relates.
(3) Subject to Subsection (4), if the Provincial Administrator is unable to find in the country a person who owns or has charge of the animal, he shall cause the order to be served on some person in the country who in his opinion has a legal authority over or a legal interest in the animal.
(4) If the Provincial Administrator is unable, after diligent inquiry, to find a person in the country who is the owner or has charge of, or who, in his opinion has a legal authority over or a legal interest in, the animal, the order shall be published in the National Gazette.
(5) Service of the order or publication in lieu of service, in the manner prescribed by this section, is notice of the issue of the order to all persons to whom the order is addressed.
8. EXTENSION OF TIME IN ORDER.
If a Provincial Administrator who makes an order under Section 6 is of opinion that honest efforts are being made to comply with the requirements of the order, he may, by endorsement signed by him on the order, extend the time within which the order is to be obeyed.
9. FORFEITURE OF ANIMALS NOT CONFINED.
(1) When an order under Section 6 has been served or published in accordance with Section 7 and has been disobeyed, the animal to which the order relates is forfeit to the State, and may be immediately seized.
(2) An animal forfeited under Subsection (1) shall be disposed of as the Minister determines.
10. USING ANIMALS TO MAKE OTHER PERSON LIABLE.
A person who, with intent to injure or annoy another person, wilfully employs or disposes of an animal belonging to that other person–
(a) so as to make that other person liable to a penalty, forfeiture or payment under this Part in respect of the animal; or (b) in such a manner that an order may be made under this Part relating to the animal,
is guilty of an offence.
Penalty: Imprisonment for a term not exceeding six months.
PART III. – POUNDS.
11. INTERPRETATION OF PART III.
In this Part, unless the contrary intention appears–
“animal” includes any stock, goat or swine.
12. APPLICATION OF PART III.
The Minister may, by notice in the National Gazette, specify the towns to which this Part applies.
13. POUNDS.
The Minister may, by notice in the National Gazette, appoint places to be pounds.
14. POUNDKEEPERS.
(1) The Minister may, by notice in the National Gazette, appoint a person to be a pound keeper.
(2) If a poundkeeper is absent or, through illness or any other cause, incapable of acting as poundkeeper, a person appointed in writing by him for the purpose may act as poundkeeper during the absence or incapacity of the poundkeeper.
(3) The Minister may, by written notice addressed to a person appointed under Subsection (2), revoke the appointment, and may by the same or another notice appoint a person to act as poundkeeper during the absence or incapacity of the poundkeeper.
15. POUND BOOK.
A poundkeeper shall–
(a) keep a pound book in the prescribed form; and (b) make an entry in the book as soon as possible after the doing of any thing required to be entered.
16. FEES.
(1) Such pound, conduct and sustenance fees as are prescribed are payable to a poundkeeper on behalf of the State.
(2) Conduct fees are payable in respect of the conduct or conveyance of impounded animals from the place of seizure to the pound.
(3) Sustenance fees are payable in respect of the sustenance in the pound of impounded animals.
17.