Animal Health Act
- Commenced on 1 January 1961
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
1. Short titleThis Act may be cited as the Animal Health Act [Chapter 19:01].
2. This Act binds the StateThis Act shall bind the State.
3. Animals, diseases and pests subjected to Act to be specified by Minister
4. InterpretationIn this Act—“authorized person” means a person authorized in terms of paragraph (b) of subsection (1) of section twenty to do anything or perform any act which may be done or performed in terms of this Act;“child” means a person under the age of sixteen years;“Director” means the officer in charge of the Department of Veterinary Services of the Ministry;“import” means import into Zimbabwe;“infectious thing” means anything declared to be an infectious thing in a regulation;“land” includes any building, structure, enclosure, premises, harbour, jetty, wharf or water;“land under the control of a local authority” means—(a)an open space; or(b)a road or street;within the limits of a municipality, town or village to which the public has a right of access and includes a commonage and land vested in a local authority;“legal representative”, in relation to a person under a legal disability, means—(a)in the case of a company, the judicial manager or liquidator, as the case may be; and(b)in the case of an individual, the person authorized by law to administer his estate;“Minister” means the Minister of Agriculture or any other Minister to whom the President may, from time to time, assign the administration of this Act;“Ministry” means the Ministry for which the Minister is responsible;“occupier”, in relation to land, means—(a)in the case of land used by the State, the person having charge, control or management of the land; and(b)in the case of Communal Land, the person having the use of the land or, if no person has the use of the land, the rural district council within the area of which the land is situated; and(c)in the case of land under the control of a local authority, the local authority; and(d)in the case of land not referred to in paragraphs (a) to (c), a person resident on the land or, if there is no person resident on the land, the person ordinarily present on the land during the hours of the business for which the land is used who has the charge, control or management of the land or business or, if there is no such person, the person designated as occupier in terms of section seventeen;“owner”—(a)in relation to land, means—(i)in the case of State land held in accordance with any enactment or an agreement which entitles a person to obtain title thereto on the fulfilment by him of the conditions specified in the enactment or agreement, that person or, if he is under a legal disability, his legal representative; and(ii)in the case of State land held under an agreement of sale, the purchaser under the agreement or, if he is under a legal disability, his legal representative; and(iii)in the case of State land held under a lease, licence or similar agreement, the lessee or licensee or, if he is under a legal disability, his legal representative; and(iv)in the case of State land, other than State land referred to in subparagraph (i) or (iii), over which grazing or any other rights whatsoever have been granted, the holder of those rights or, if he is under a legal disability, his legal representative; and(v)in the case of State land which is not land referred to in subparagraphs (i) to (iv), the Minister responsible for lands, natural resources or, local government, as the case may be; and(vi)in the case of Communal Land, the Minister responsible for the administration of the Communal Land Act [Chapter 20:04]; and(vii)in the case of land under the control of a local authority, the local authority; and(viii)in the case of land which is not land described in subparagraphs (i) to (vii), the person registered in the office of the Registrar of Deeds as the owner of the land or, if he is under a legal disability, his legal representative; and(b)in relation to an animal or infectious or other thing or vehicle, includes the person having for the time being the management, custody or control of the animal or infectious or other thing or vehicle or, if that person is a child, the person having for the time being the care, custody or control of the child;“permit” means a permit issued in terms of this Act;“person under a legal disability” means—(a)in the case of a company, a company which is being wound up or is under judicial management; and(b)in the case of an individual, a minor, a person of unsound mind, a deceased person, an insolvent, a person who has made an assignment with creditors or a person who is otherwise under a legal disability;“prescribed area” means such area as the Minister may prescribe for the purposes of a regulation;“quarantine area” means land to which an order made in terms of subsection (4) of section twenty-one relates;“regulation” means a regulation, order or notice made by the Minister in the exercise of the power conferred upon him by section five;“this Act” includes a regulation and an order or direction made or given in terms of this Act or a regulation;“vehicle” includes an aircraft, ship, railway train and tractor and any machine capable of being drawn or driven along a road which is used or intended to be used in connection with the construction of dams, roads or buildings, the installation of cables, pipelines or power lines or the sinking of boreholes or the like or for agricultural, mining or other prescribed purposes;“veterinary fixture” means a cleansing chamber, dipping tank, spray race, crush pen, pen, race, stockade or other structure or thing for use in doing to animals, persons, vehicles or other things of anything required to be done in terms of this Act, together with any necessary accessories and appurtenances.
5. Regulatory powers of Minister
6. Duties of owners of vehicles entering ZimbabweUpon the arrival of a vehicle in Zimbabwe from a place outside Zimbabwe the owner of the vehicle shall, if required by an authorized person—
7. Disposal of animals and things infected, contaminated or infested with disease or pest
8. Disposal of animals and infectious things unlawfully imported
9. Disposal of animals straying into Zimbabwe
10. Impounding of animals infected with disease
11. Disposal of animals and things confiscated and of carcasses of animals destroyed in terms of this Act
12. Construction of veterinary fixtures
13. Veterinary fixtures constructed on land leased or subject to usufruct or servitude
14. Minister may order use of veterinary fixtures
15. Minister may order destruction of wild animalsIf, in the opinion of the Minister, it is necessary for the control of a disease or pest in any area, he may, after consulting the Minister responsible for wildlife, order the destruction in the area by authorized persons of wild animals by which the disease or pest may be spread.
16. Construction of fences
17. Designation of occupiers of land
18. Powers of Minister if owner or occupier in default or matter urgent
19. Payment for work done by Minister in connection with veterinary fixtures and fences
20. Powers of Director
21. Powers of authorized persons
22. Issue and production of permits
23. Limitations of actions in respect of things done in good faith and without negligenceSave as is otherwise provided in this Act, no action shall lie against the State, the Minister, the Director or an authorized person for anything done in good faith and without negligence in terms of this Act.
25. Destruction of buildings, etc.
26. Use of land for destruction and disposal of animalsThe Minister may direct that—
27. Change of occupation of land when movement of animals is restricted
28. Offences and penalties
29. PresumptionsIf in a prosecution for an offence in terms of this Act it is necessary, in order to establish the charge, to prove that—
30. Records to be evidence
31. Service of notices generally
32. Service of notices in special circumstances
33. Exemption for researchNothing in this Act contained shall be construed as prohibiting any act or omission of an authorized person which—
34. Limitation of actions against common carriersNo action shall lie against a common carrier because of—
History of this document
01 January 1961