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S.L. 439.23 · Administrative Penalties Relating To (S.L. 439.23)

S.L. 439.23 Art. 2Administrative penalties. Cap. 439. 

In KraftAmtlicher Text

When administrative penalties are imposed according to article 47 of the Animal Welfare Act, the penalties listed in the

Schedule shall be applicable. COMMITTED AGAINST THE ANIMAL WELFARE ACT

SCHEDULE  Administrative Penalties by Category

penalties to be imposed on individuals who admit an offence in terms of article 47 of the Animal Welfare Act

Article or Offence: Act or Administrative Court penalties when Regulation Omission Penalties found guilty Minimum -Maximum Cap. 439 ꞏ Failing to provide the animal with: article 8(4) ꞏ €2,000 - €3,000 On first conviction – fine Adequate food and water leading of not less than €2,000 to malnourishment and, or and not more than dehydration; €65,000 or to a term of imprisonment of three (3) years or to both such fine and imprisonment.  On second or subsequent conviction – fine of not less than €6,000 and not more than €80,000 or to a term of imprisonment of three (3) years or to both such fine and imprisonment article 8(4) ꞏ €2,000 - €3,000 Adequate shelter leading to suffering and, or distress; article 8(4) ꞏ €2,000 - €4,000 Opportunity to display behavior that is normal for the animal; article 8(4) ꞏ €2,000 - €5,000 Adequate treatment for illness, disease, and injury. article 8(2) ꞏ €2,000 - €6,000 When an individual abandons an animal. S.L. 439. 01. ꞏ €2,000 - €5,000 A person who infringes Where any of the above acts or any of the provisions omissions constitute an offence S.L. 439. 07. arising from these under the Calves (Protection) regulations, shall, on S.L. 439. 09. Regulations, the Laying Hens conviction be liable to a (Protection) Regulations or the fine (multa) of not less Farm Animals (Protection) than €4,658.75 and not Regulations. exceeding €13,976.24 Cap. 439 ꞏ Causing cruelty to animals through:

article 8(2) ꞏ €3,000 - €6,000 Beating that causes pain articles8(2)and ꞏ €3,000 - €6,000 Causing physical and mental (4) distress (including through methods of terror and torment)

articles8(2)and ꞏ €3,000 - €6,000 Injuring and, or wounding that is (4) unjustifiable, unnecessary or unreasonable in the circumstances article 9 ꞏ €3,000 - €6,000 Surgical operations for the Cruelty purposes of modifying the appearance of an animal other than for a curative purpose article 13(1) ꞏ €6,000 - €12,000 Any of the above acts of cruelty that causes the death of the animal articles8(4)and ꞏ €6,000 - €10,000 Causing or intending to cause the 13(1) death of or serious injury to the animal S.L. 439. 01. ꞏ €2,000 - €5,000 Where any of the above acts or omissions constitute an offence S.L. 439. 07.

under the Calves (Protection)

S.L. 439. 09. Regulations, the Laying Hens

(Protection) Regulations or the

Farm Animals (Protection)

Regulations.

Confinemen Cap. 439 ꞏ €2,000 - €4,000 Confinement of the animal t of pet article 8(4) without adequate exercise animals article 8(4) ꞏ €2,000 - €6,000 Confinement of the animal that causes injury, unnecessary pain or distress to the animal.

COMMITTED AGAINST THE ANIMAL WELFARE ACT

S.L. 439. 01. ꞏ €2,000 - €5,000 A person who infringes Where any of the above acts or any of the provisions omissions constitute an offence S.L. 439. 07. arising from the under the Calves (Protection) regulation, shall, on S.L. 439. 09. Regulations, the Laying Hens conviction be liable to a (Protection) Regulations or the fine (multa) of not less Farm Animals (Protection) than €4,658.75 and not Regulations. exceeding €13,976.24 Cap. 439 ꞏ €2,000 - €3,500 On first conviction – fine Tied up permanently of not less than €2,000 ꞏ articles 7(1)(c) €2,000 - €3,500 Permanent tethering of dogs and not more than and 8(4) €65,000 or to a term of imprisonment of three (3) S.L. 439. 21. years or to both such fine regulation 3(1) and imprisonment.

On second or subsequent conviction – fine of not less than €6,000 and not more than €80,000 or to a term of imprisonment of three (3) years or to both such fine and imprisonment.

Cap. 439 ꞏ €2,000 - €3,500 On first conviction – fine Administering poison that causes articles8(2)and of not less than €2,000 unnecessary pain, suffering or

(4) and not more than distress to a domestic or stray €65,000 or to a term of animal imprisonment of three (3) years or to both such fine and imprisonment.

articles 8(2), ꞏ €2,000 - €6,500 On second or subsequent Administering poison that causes (4), 13(1) and conviction – fine of not the death of, or injury to, a

(5) less than €6,000 and not domestic or stray animal more than €80,000 or to a term of imprisonment of three (3) years or to both such fine and imprisonment. Cap. 439 ꞏ €2,000 - €6,500 The injuring of an animal which is articles8(2)and not followed by reasonable steps (4) to alleviate any pain suffered by the animal.

Alleviation of Pain

Cap. 439 ꞏ €2,000 - €3,500 Transportation and containment of articles8(2)and an animal in circumstances under (4) which the animal is subjected to Non-unnecessary injury, pain and, or compliance suffering. with legal article 23(1) ꞏ Non-compliance with requirements  requirements for the transport of for the €2,000 - €6,000

animals transport of animals

S.L. 439. 05. ꞏ €3,000 - €11,000 Where any of the above acts or omissions constitute an offence S.L. 439. 10.

under the Carriage of Livestock

(Road Vehicle Standards for

Journeys Exceeding Eight Hours)

Regulations or the Animals

Transport (Protection)

Regulations. COMMITTED AGAINST THE ANIMAL WELFARE ACT

Cap. 439 ꞏ €2,000 - €6,000 On first conviction – fine Use for work, riding, driving or articles8(2)and of not less than €2,000 otherwise using an animal unfit for

(4) and not more than the use €65,000 or to a term of imprisonment of three (3) years or to both such fine and imprisonment.

On second or subsequent conviction – fine of not less than €6,000 and not more than €80,000 or to a term of imprisonment of three (3) years or to both such fine and imprisonment. ꞏ Cap. 439 €2,000 - €7,000 On first conviction – fine When a person is in any way of not less than €2,000 article 31 responsible for the organisation of and not more than any of the following activities and, €65,000 or to a term of or the involvement of an animal in imprisonment of three (3) such activities: years or to both such fine ꞏ Fights between animals and imprisonment.

articles8(2),(3) ꞏ A match, competition or any other and (4) On second or subsequent activity in which an animal is conviction – fine of not released from captivity for the less than €6,000 and not purpose of being hunted, caught, more than €80,000 or to a confined, injured or killed by a term of imprisonment of person (by the use of a firearm or three (3) years or to both otherwise) or another animal such fine and imprisonment. article 13(1) ꞏ €2,000 - €7,000 Using or allowing an animal to kill another animal articles 8(2) and ꞏ €2,000 - €7,000 Owning, keeping, or using an (4) animal with the intention of: article 13(1) ꞏ Using the animal as a lure for blooding greyhounds; or articles 8(2) and ꞏ

(4) Killing the animal for the purpose of blooding greyhounds; or ꞏ Using the animal in any other way in relation to the training and racing of coursing dogs Cap. 439 ꞏ €2,000 - €7,000 Body of animal taking part in a article 30(1) competition found to contain one or moreofthesubstancesspecified in the regulations made by the

Sub-stances Minister, the ingredients whereof or the metabolites of which exceed found in the animal’s the maximum quantity established in the said regulations body taking part in a compet-ition

Cap. 439 ꞏ €2,000 When an individual obstructs, article 44B(6) molests, interferes or Fails to cooperate with an authorised officer (including failure to give requested information to the Failure to authorised officer such as name, cooperate Identity Card number and with address). authorised officer

Cap. 439 ꞏ €2,000 - €5,000 Non-compliance in relation to article 8(4) housing and dietary requirements Non for animals compliance ꞏ Non-compliance in relation to with farm S.L. 439. 02. housing and dietary requirements animals regulations for pigs. including those specific for calves, pigs, broilers, hens

S.L. 439. 01. ꞏ €2,000 - €5,000 Where any of the above acts or omissions constitute an offence S.L. 439. 07.

under the Calves (Protection)

S.L. 439. 09. Regulations, the Laying Hens

(Protection) Regulations, or the

Farm Animals (Protection)

Regulations.

COMMITTED AGAINST THE ANIMAL WELFARE ACT

S.L. 439. 04. ꞏ €3,000 - €11,000 A person who infringes Non-compliance with regulation 5 any of the provisions requirements of the Staging Points arising from the Regulations. regulation, shall, on conviction be liable to a fine (multa) of not less than €11,646.87 and not exceeding €34,940.60 Cap. 439 ꞏ €2,000 - €6,000 On first conviction – fine Non-compliance with of not less than €2,000 requirements for the transport of article 23(1) and not more than animals. €65,000 or to a term of imprisonment of three (3) years or to both such fine and imprisonment.  On second or subsequent conviction – fine of not less than €6,000 and not more than €80,000 or to a term of imprisonment of three (3) years or to both such fine and imprisonment. S.L. 439. 05. ꞏ €3,000 - €11,000 A person who infringes Where any of the above acts or any of the provisions omissions constitute an offence S.L. 439. 10. arising from the under the Carriage of Livestock regulation, shall, on (Road Vehicle Standards for conviction be liable to a Journeys Exceeding Eight Hours) fine (multa) of not less Regulations or the Animals than €11,646.87 and not Transport (Protection) exceeding €34,940.60 Regulations. Cap. 439 ꞏ €2,000 - €15,000 On first conviction – fine Carrying out experimentation articles 32, of not less than €2,000 without a licence or not in line 35(1) and 38 and not more than with the licence €65,000 or to a term of article 8(4) ꞏ €2,000 - €5,000 imprisonment of three (3) Animals kept in an unsuitable years or to both such fine environment and imprisonment. articles 38 and ꞏ €5,000 - €25,000 Animals made to suffer more than 40 On second or subsequent necessary in breach of the Animal conviction – fine of not Welfare Act. less than €6,000 and not more than €80,000 or to a term of imprisonment of three (3) years or to both such fine and imprisonment. S.L. 439.29. ꞏ €10,000 A person managing, organising, setting-up or operating a zoo without a licence

S.L. 439. 19. ꞏ €10,000 Keeping of dangerous animals in regulation 4 an unregistered site

S.L. 439. 19. ꞏ €15,000 per Keeping of unregistered regulation 4 animal but in dangerous animals in an any case not unregistered site more than

Zoos and €80,000(ifmore keeping of thanoneanimal)

dangerous S.L. 439.29. ꞏ €8,000 -

Inadequate enclosure and micro-animals S.L. 439. 19. €40,000. climate conditions after licence is regulation 5 issued S.L. 439.29. ꞏ €8,000 Keepingorintroducingdangerous S.L. 439. 19. animals without the approval of the Director at a licensed registered site or zoo. Keeping or introducing dangerous animals without the approval of the Director at a site operated as an unlicensed zoo.

S.L. 439. 16. ꞏ €2,000 Operating without a licence regulation 3(1)

Pet shops

COMMITTED AGAINST THE ANIMAL WELFARE ACT

S.L. 439. 14. ꞏ €2,000 On first conviction – fine Operating without a licence regulation 3(1) of not less than €2,000 and not more than €65,000 or to a term of imprisonment of three (3) years or to both such fine and imprisonment.

On second or subsequent conviction – fine of not less than €6,000 and not more than €80,000 or to a term of imprisonment of three (3) years or to both such fine and imprisonment. ꞏ Cap. 439 article €2,000 On first conviction – fine Useof animals in breachofArticle 31A of not less than €2,000 31A under Part X A entitled and not more than Circuses of the Animal Welfare €65,000 or to a term of Act imprisonment of three (3) years or to both such fine and imprisonment.  On second or subsequent conviction – fine of not less than €6,000 and not more than €80,000 or to a term of imprisonment of three (3) years or to both such fine and imprisonment. S.L. 439.22. ꞏ €2,000 On first conviction – fine Non-compliance and, or acts and of not less than €2,000 omissions constituting an offence and not more than under the Use of Karozzini €65,000 or to a term of Regulations. imprisonment of three (3) years or to both such fine and imprisonment.  On second or subsequent conviction – fine of not less than €6,000 and not more than €80,000 or to a term of imprisonment of three (3) years or to both such fine and imprisonment.

S.L. 439.28. Breeding of non-pedigree bully type Not more than

(regulation 3) dogs €1,000

S.L. 439.28. ꞏ Not more than Keeping, sale or advertisement of (regulation 4) €1,000

non-pedigree bully type dogs

Prohibition of breeding andkeeping of non-

pedigree bully type dogs

ꞏ S.L. 439.25. Not more than Operating or managing a pet regulation 3 €1,000 grooming establishment without being registered with the

Directorate

S.L. 439.25. ꞏ Not more than Operating a pet grooming Standards regulation 4 €1,500 establishment or carrying out pet for grooming activities in the absence Operating of adequate personnel Pet

Grooming ꞏ

Establish-S.L. 439.25. ꞏ Not more than ments Failure to keep adequate records regulation 5 €1,000 S.L. 439.25. ꞏ Not more than Inadequate enclosures regulation 7 €1,000 S.L. 439.25. ꞏ Not more than Inadequate administration of regulation 10 €1,500 veterinary medication COMMITTED AGAINST THE ANIMAL WELFARE ACT

On first S.L. 439.26 ꞏ €2,000 Operating without a licence conviction a person shall be liable to a fine (multa) of not less than €2,000, but not exceeding €65,000 or to a term of imprisonment not exceeding three (3) years or to both such fine and imprisonment.

On second or subsequent conviction a person shall be liable to a fine (multa) of not less than €6,000

but not exceeding €80,000 or to a term of imprisonment not exceeding three (3) years or to both such fine and imprisonment. S.L. 439.26 ꞏ Not more than On first Operating or managing a pet conviction a person shall €1000 sitting accommodation without be liable to a fine (multa) being registered with the Director of not less than €2,000, but not exceeding €65,000.

On second or subsequent conviction a person shall be liable to a fine (multa) of not less than €5,000, but not exceeding €100,000.

person who breaches any other provision of the Animal Welfare Act or made thereunder, and which may give rise to the imposition of an penalty not otherwise specifically provided for in this Schedule, shall be penalty of not less than €2,000 and not more than €50,000.

Änderungsgeschichte
  • Amended by L.N. 183 of 2024