S.L. 439.29 Art. 4Other licensing conditions. 

(1) A licence holder shall hold only one (1) zoo licence at any given time.

(2) A zoo licence issued in accordance with these regulations shall have a validity of one (1) year from the date of its issue:

Provided that a licence holder who on the date of publication of these regulations is managing or operating a zoo shall apply for the renewal of the zoo licence within a year (1) from the date of publication of these regulations and shall thereafter renew his licence on a yearly basis.

(3) A copy of the licence and, or the renewed licence shall be placed in a prominent area at the main entrance of the zoo premises and the licence number shall always be included on any promotional material issued by the zoo and, or any third parties promoting and, or advertising the zoo.

(4) An application for the renewal of a zoo licence or for the issuance of a licence shall be duly completed and sent to the Director on the appropriate form. This application shall be endorsed by a veterinary surgeon prior to being processed for consideration by the Director.

(5) Dangerous animals which are found at a zoo before the coming into force of these regulations shall be registered in the register after the Director confirms that the appropriate animal welfare and husbandry conditions are met.

(6) Applicants and licence holders shall submit to the Director all the details required on the appropriate form, including but not limited to the:

(a) irreversible means of identification of the animals in accordance with regulation 6;

(b) appropriateness of the site and enclosure for the animals in accordance with these regulations;

(c) the measures to be taken by the applicant or the licence holder to secure the safety and well-being of the animal and the general public, including first aid facilities for visitors;

(d) all the necessary permits as may be required from any governmental or national authority and proof of compliance therewith;

(e) any other details or documentation that may be requested by the Director from time to time and published in the Gazette by means of a Government notice;

(f) all the training information and certification held by the licence holder, contractors and staff involved in the handling of wild and dangerous animals:

Provided that the Director may at his discretion issue from time to time a list of minimum training requirements for all persons handling zoo animals, including but not limited to animal first aid, use of restraining equipment, the use of tranquiliser guns and equipment including the type and dosage of the tranquilisers to be used. This list shall be published in the Gazette by means of a Government notice;

(g) all the details and information on the members of staff and contractors involved in the handling of animals and zoo handling:

Provided that any change in staff members or of the contractor involved in the handling of animals shall be notified in writing to the Director within five (5) working days from such change, which notification shall include all the details and information on the new zoo staff member or contractor:

Provided further that the Director may request at any time, from the applicant or the licence holder, any other relevant information or additional documentation which may be deemed necessary for the purpose of these regulations. Any processing of personal data pertaining to natural persons shall be in compliance with the principles of processing of personal data pursuant to Article 5 of Regulation (EU) 2016/679.

(7) Without prejudice to regulation 3A concerning the restriction on the granting of new zoo licences in respect of marine parks, the Director may refuse an application for the grant or renewal of a zoo licence for any reason which he may deem reasonable and, in particular, for reasons relating to animal health or welfare or the safety of the general public.

(8) The Director may only accept an application from an applicant or renew an application for a licence of a zoo, following payment of the relevant fees as established in the Fees (Keeping of Animals in Zoos) Regulations and where he is satisfied that the applicant and, or the licence holder, as the case may be, and members of the staff or contractor of the zoo dealing with animals:

(a) are sufficiently knowledgeable and, or their experience is commensurate to their responsibility;

(b) are sufficiently knowledgeable as to the proper organisation and running of the zoo, the proper handling of animals and are capable of satisfying their physiological and behavioural needs during the entirety of their keeping in the zoo;

(c) are sufficiently knowledgeable and, or experienced in relation to the conditions required to prevent any animal from escaping, with due consideration to the aggressiveness of any animal and to the possible risk for human safety and health;

(d) are able to fulfil the requirements of these regulations and any other applicable laws or regulations, as well as any condition which may be imposed upon them;

(e) have not been found guilty, at any time, of any offence involving the ill-treatment of animals or any other offence against the Act and, or the regulations made thereunder:

Provided that the Director may publish guidelines in the Gazette as to how the licence holder or members of staff or contractor of the zoo dealing with animals, are to be assessed in relation to their knowledge and experience of the species of animals in the zoo.

(9) No dangerous animal listed in the Schedule shall be introduced into a zoo by a licence holder:

Provided that this regulation shall not apply to the introduction of a dangerous animal into a licensed zoo, if that dangerous animal is to be part of a research and conservation programme as established in regulation 11:

Provided further that this regulation shall not apply to transfers of dangerous animals from one zoo to another. However, in such circumstances the Director’s approval shall always be necessary before said transfer.

(10) The Director may refuse the introduction of an animal in a zoo for any reason which he may deem reasonable and in particular, for reasons related to animal health or welfare or the safety of the general public.

(11) All zoo licence holders shall be obliged to have insurance coverage on the zoo against potential loss or damage that might be caused to third parties.

(12) The Director may impose any conditions he deems fit on the licence holder with regard to the animals and any other relevant matters falling within the scope of these regulations.

(13) For the avoidance of any doubt, the prohibition contained in regulation 3A shall also apply to any application which would have the purpose or effect of:

(a) extending an existing establishment so as to become a marine park;

(b) changing the nature or operation of an existing licensed zoo into a marine park;

(c) transferring a licence where such transfer would result in the establishment of a marine park that would otherwise be prohibited under regulation 3A;

(d) extending or modifying an existing licensed marine park where such extension or modification would increase its capacity for the keeping, exhibition or display of marine mammals; or

(e) increasing the number of marine mammals kept at an existing licensed marine park.