31A—Special powers relating to animals
(1) An inspector may
examine an animal and its living conditions and, if the inspector suspects on
reasonable grounds that the animal is suffering or may if urgent action is not
taken suffer unnecessary harm, do 1 or more of the following:
(a)
provide treatment and care for the animal;
(b)
cause the living conditions of the animal to be modified;
(c)
seize and retain the animal for treatment and care.
(2) For the purposes
of subsection (1), an inspector has all of the powers conferred on an
inspector by section 30.
(3) The costs and
expenses reasonably incurred by a person or the Crown in seizing, treating or
caring for an animal, or in causing the living conditions of an animal to be
modified, under this section may be recovered as a debt from the owner of the
animal.
(4) Subject to this
section, an inspector may destroy an animal if of the opinion that the
condition of the animal is such that the animal is so weak or disabled
(whether physically or mentally), or in such pain, that it should be
destroyed.
(5) An inspector must
not exercise a power under subsection (4) unless—
(a) the
owner of the animal consents; or
(b) the
owner of the animal has refused or failed to give consent and a magistrate
has, on application by an inspector, issued a warrant authorising the
destruction of the animal; or
(c) the
inspector has been unable to determine who owns the animal, or has been unable
to contact the owner, after taking reasonable steps to do so; or
(d) the
inspector is satisfied that the animal is wild.
(6) An inspector who
destroys an animal under this section does not incur any civil liability for
the destruction.