Revised Laws of Saint Lucia (2021)

Schedule

(Substituted by Act 15 of 1994)

CHAPTER 7.17
ANIMALS (DISEASES AND IMPORTATION) ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

Animals (Diseases and Relocation) Regulations – Section 32

(Statutory Instrument 9/1997)

Statutory Instrument 9/1997 .. in force 15 February 1997

ARRANGEMENT OF REGULATIONS

ANIMALS (DISEASES AND RELOCATION) REGULATIONS – SECTION 32

Commencement [15 February 1997]

1.   Citation

These Regulations may be cited as the Animals (Diseases and Relocation) Regulations.

2.   Interpretation

In these Regulations—

“animal” means any bovine, canine, equine, feline, goat, guinea pig, monkey, rabbit, sheep, swine or any bird (including poultry), fish, insect (including bees or any member of the class insecta or of the class arachnida), reptile or any other animal whatsoever, whether similar to the foregoing or not;

“animal carcass” means the carcass of any animal and includes the meat of the animal and such of its offal as is intended for consumption by humans or animal and animal parts;

“infected area” means any vessel or geographical area specified as such under section 5(4) of the principal Act;

“principal Act” means the Animals (Diseases and Importation) Act;

“relocation” means movement of an animal or animal carcass by a person—

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   (a)     from an area infected with a prescribed disease to a non-infected area; or

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   (b)     from a non-infected area to an area infected with a prescribed disease.

3.   Application for relocation

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   (1)   Any person who wants to relocate any animal or animal carcass shall apply to the Veterinary Authority at least 48 hours prior to relocation on the form specified in Form 1 of the Schedule for a permit and shall pay the prescribed fee.

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   (2)   An application made under subregulation (1) and signed by a field technician in the Veterinary Division of the Ministry of Agriculture shall be deemed to have been received by the Veterinary Authority.

4.   Relocation Permit

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   (1)   The Veterinary Authority shall issue a relocation permit upon being satisfied that the relocation of the animal or animal carcass specified in the application will not result in the spread of any disease.

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   (2)   For the purpose of providing a certificate under subregulation (1) the Veterinary Authority may direct that any animal or animal carcass be examined or inspected by an inspector.

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   (3)   A permit issued under subregulation (1) shall be as in Form 2 of the Schedule.

5.   Inspectors

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   (1)   The Minister, in exercise of the powers conferred under section 3(6) of the principal Act may appoint inspectors to carry out the provisions of these Regulations.

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   (2)   Inspectors appointed for the purposes of these Regulations shall have all the powers of an inspector under Part 4 of the principal Act.

6.   Offence and penalty

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   (1)   Any person who relocates an animal or animal carcass without a permit issued under section 4 commits an offence and is liable upon summary conviction to a fine not exceeding $5000 or to imprisonment not exceeding 6 months or to both such fine and imprisonment.

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   (2)   Any animal or animal carcass, in respect of which an offence under subregulation (1) is alleged to have been committed may be seized by an inspector and, on conviction of any persons who may be charged with the offence, shall be forfeited to the Crown and may be detained, destroyed or otherwise disposed of as the Minister shall direct without liability to the Crown for any such detention, destruction or disposal.

Schedule

Animals Inspectors (Overtime Payment) Regulations – Section 32

(Statutory Instruments 65/1997 and 171/2000)

Statutory Instrument 65/1997 .. in force 2 August 1997

Amended by S.I. 171/2000 .. in force 9 September 2000

ARRANGEMENT OF ORDERS

ANIMALS INSPECTORS (OVERTIME PAYMENT) REGULATIONS – SECTION 32

Commencement [2 August 1997]

1.   Citation

This Regulation may be cited as the Animal Inspectors (Overtime Payment) Regulation.

2.   Interpretation

In this Regulation—

“authorised officer” means an officer appointed by the Minister under section 3(6) of the Animals (Diseases and Importation) Act;

“overtime duties” mean duties performed by an authorised officer outside normal working hours, approved by the Minister.

3.   Rates of overtime fees

There shall be paid to authorised officers by the Accountant General for any duties approved by the Minister and performed by authorised officers before or after the normal hours of general attendance, for each hour or part thereof, the following rates of overtime fees:

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   (a)     on ordinary weekdays from 6:00 a.m. to 8:00 a.m. and from 4:30 p.m. to midnight and on Saturdays from 6:00 a.m. to midnight, time and a half of the officer's normal hourly rate;

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   (b)     on ordinary weekdays and Saturdays from 12:00 midnight to 6:00 a.m. and on Sundays and Bank Holidays from 6:00 a.m. to 12:00 midnight, double the officer's normal hourly rate;

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   (c)     on Sundays and Bank Holidays, from 12:00 midnight to 6:00 a.m. triple the officer's normal hourly rate.

(Substituted by S.I. 171/2000)

4.   Minimum overtime rates

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   (1)   An authorised officer who performs overtime duties shall be paid a minimum of 2 hours overtime.

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   (2)   An officer who is summoned for overtime duties and for whose services no demand is ultimately made shall be paid for his or her attendance which in any event shall not be less than a minimum of 2 hours overtime.

5.   Additional rates for time of travelling

On Saturdays, Sundays, Bank Holidays, and on weekdays from 4:30p.m. to 8:00a.m., the relevant rate for one hour in excess of the actual time spent in performing the service required shall be paid to each officer engaged in overtime duties so as to cover the time spent in travelling to and from the place where his or her or her services are required.

6.   Overtime rate during meal hours

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   (1)   Every officer is entitled to a break of one hour for meals between the hours 12:00 noon and 1:00p.m, and 7:00p.m. and 8:00p.m.

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   (2)   Where a person requests and an officer consents to work during the hour set aside for meals the rates paid on that officer's behalf shall be double the relevant overtime rate for the period.

7.   Payment of overtime rates

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   (1)   The overtime rates specified in this Regulation shall be paid by the person who requires the services of an authorised officer, to the Accountant General.

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   (2)   The overtime rates paid to the Accountant General under subsection (1) shall be paid to the authorised officer who performed the approved duty.

8.   Rates for special services

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   (1)   Where a request is made for examination of goods at any private premises during or after working hours, the Minister may authorise officers to supervise the examination and the person who requires the services shall pay to the Accountant General:

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      (a)     $125 in the case of a container not exceeding 20 feet;

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      (b)     $225 in the case of a container exceeding 20 feet.

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   (2)   Where a request made in terms of subsection (1) is in relation to general cargo, the person who requires the services shall maintain a minimum balance of $200 with the Accountant General.

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   (Inserted by S.I. 171/2000)