The Dangerous Wild Animals Act 1976
What is the Dangerous Wild Animals Act?
The Dangerous Wild Animals Act (DWAA) of 1976 was originally introduced as a private members bill in response to public concern about the keeping of dangerous pets, especially big cats. It aims to ensure that where private individuals keep dangerous wild animals they do so in circumstances which create no risk to the public and, to a lesser extent, safeguard the welfare of the animals.
How does it work?
Licences are required for any animal which appears on a Schedule to the Act. These are issued by the relevant local authority, and will only be granted when the authority is satisfied that it would not be contrary to public interest on the grounds of safety or nuisance; that the applicant is a suitable person; and the animal's accommodation is adequate and secure.
Where the local authority grant a licence it shall impose conditions on the licence covering issues such as:
- a requirement that the animal be kept only by a person or persons named on the licence;
- restrictions on the movement of the animal from the premises as specified on the licence; and
- a requirement that the licence holder has a current insurance policy which ensures both licence holders and others against any liability caused by the animal.
The Act does not apply to any dangerous wild animal kept in a zoo; circus; pet shop; or registered scientific establishment. Zoos are regulated under the Zoo Licensing Act 1981 (as amended)and scientific establishments are regulated under the Animals (scientific procedures) Act 1986. Pet shops (currently regulated under the Pet Animals Act 1951) and the sale of animals as pets will become regulated under secondary legislation timetabled for 2008 under the provisions of the Animal Welfare Act 2006 (a code of practice is also planned). It is also proposed to produce secondary legislation to regulate wild animals in circuses.
Review of the Act
A review was undertaken on behalf of the Government to examine the effectiveness of the Dangerous Wild Animals Act 1976 (Effectiveness Study of the Dangerous Wild Animals Act 1976). Following a consultation exercise on this report, a panel of experts was set up to advise on the animals that should be subject to control. Their advice, on which species should be removed or added to the Schedule, was taken into account and in June 2004 the Government published a consultation paper on proposals for revisions to the Act. Some of the public consultation responses recommended amendments (both additions and deletions) to the Schedule, but few suggestions were backed up with new evidence in support of them.
Changes to the Schedule had been planned to be taken forward in 2006. However there were other legislative changes planned which also related to the keeping of wild animals, such as the Animal Welfare Bill (now Act) and new proposals under the Convention on International Trade in Endangered Species (CITES) which addressed welfare and conservation objectives respectively. Taking forward changes to the Dangerous Wild Animals Act's Schedule of species in isolation could have had implications for these other objectives, and so the changes were held back, with the agreement of Ministers, pending the introduction of the Animal Welfare Act (which has now come into force). This was important owing to the need to ensure that no de-listed species was left without any welfare protection.
The revised Schedule
Following the introduction of the Animal Welfare Act, Ministers agreed to the revision of the Schedule by secondary legislation, to limit it to those species which the expert panel thought presented a genuine threat to the public. A full list of species which are now controlled can be found in:
- Schedule of Species
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A copy of the full Order can be found at:http://www.opsi.gov.uk/si/si2007/uksi_20072465_en.pdf
The main body of the Act
Mindful of the current failings of the Act, there is compelling circumstantial evidence to support claims of levels of non-compliance, we have been developing new options for Ministers which aim to deliver the public safety benefits of the legislation and also look to reduce the level of regulatory burden on local authorities and animal keepers. This involved taking a wider view, looking at the range of other relevant legislation, particularly that relating to public safety, and also taking into account other initiatives such as the Animal Welfare Act 2006.
The Department is now undertaking a further public consultation, which can be found at the link below, asking for comments on proposals intended to reform the Act so as to better focus its controls on the primary aim of public safety and to apply the controls more proportionately to the level of risk. Also, we consider it is desirable to introduce more flexibility to the requirement for inspections to allow effort to be better focussed on the level of risk. New guidance for local authorities will also be made available that will help in ensuring more consistent implementation of the legislation. These measures should assist with increasing support and compliance amongst animal keepers and, ultimately, in more effective operation of the Act and protection of the public from the potential threat of escaped dangerous wild animals. These changes would also have the benefit of reducing regulatory burdens both for local authorities and keepers.
- Link to consultation: http://www.defra.gov.uk/corporate/consult/wildanimalsact/
The closing date for responses is 22 August 2008.
Hybrids of domestic animals and the Dangerous Wild Animals Act
Click here for further information on keeping of hybrids of dangerous wild animals with domestic cats and dogs.
Enquiries
If you have any queries, Dave Wootton of the Department's Wildlife Species Conservation Division on 0117 372 8686, or at:
Defra
Zone 1/10
Temple Quay House
2 The Square
Temple Quay
Bristol BS1 6EB
zoos.branch@defra.gsi.gov.uk
Page last modified: 2 June 2008