The Avian Influenza (Preventive Measures in Zoos) (Wales) (No. 2) Regulations 2005

Risk assessment and imposition of restrictions

4.—(1) The National Assembly must evaluate the risk of the transmission of avian influenza virus (in particular virus of the sub-type H5N1) from wild birds to susceptible birds in zoos, taking into account the criteria and risk factors set out in Annex I to the Commission Decision.

(2) Having carried out such an evaluation, the National Assembly must, if it considers it necessary to reduce the risk of such transmission —

(a)declare an avian influenza prevention (zoos) zone in all or part of Wales; or

(b)serve (or cause a veterinary inspector or an inspector to serve) a restrictions notice on the owner or occupier of any zoo where susceptible birds are kept.

(3) The National Assembly must, in a declaration of an avian influenza prevention (zoos) zone or in a restrictions notice, impose such of the following requirements as it considers necessary on zoos in the zone or the subject of a notice —

(a)susceptible birds must be housed or otherwise kept separate from wild birds;

(b)susceptible birds must not be exposed to the risk of exposure to the faeces of wild birds or other material that may have been contaminated with avian influenza virus by wild birds;

(c)domestic ducks and geese must be kept separate from other susceptible birds;

(d)susceptible birds must be fed and provided with drinking water indoors or under a shelter which prevents wild birds from gaining access to the food or water supply;

(e)persons other than keepers of the birds must be prohibited from having access to areas where susceptible birds are kept;

(f)the keeper of susceptible birds must take appropriate biosecurity measures in such areas and when entering and leaving such areas;

(g)such other requirements as the National Assembly considers necessary to reduce the risk of transmission of avian influenza from wild birds to susceptible birds in zoos.

(4) A declaration made under paragraph (2) must specify the requirements which apply in the zone and set out the boundaries of the zone.

(5) The National Assembly may, in accordance with Article 2 of the Commission Decision, declare that certain premises are exempt from such requirements.

(6) Any person the subject of a declaration or a notice under these Regulations must comply with the declaration or notice, except to the extent that he or she is authorised to do otherwise by a licence issued by a veterinary inspector.