Animal Care and Protection Act 2001
sec.123Limited entry power to provide relief to animal
Start here
Get a plain-English read of sec.123
Turn the raw legal text into a practical explanation grounded in Animal Care and Protection Act 2001.
sec.123 Limited entry power to provide relief to animal
This section applies if— an inspector reasonably suspects— an animal at a place, other than a vehicle— is suffering from lack of food or water; or is entangled; or is exposed to extreme weather conditions; or is at risk of being injured or killed by another animal acting aggressively towards it (an aggressive animal ); and the person in charge of the animal is not, or is apparently not, present at the place; and the animal is not at a part of the place at which a person resides, or apparently resides. The inspector may enter and stay at the place while it is reasonably necessary to— provide food or water to the animal; or disentangle the animal; or move the animal to an area within the place that protects the animal from the extreme weather conditions or the aggressive animal. Before leaving the place, the inspector must leave a notice in a conspicuous position and in a reasonably secure way stating the following— the inspector’s name and business address or telephone number; the action taken by the inspector under subsection (2) ; when the action was taken. This section does not limit section 122 . In this section— cold stress , for an animal, means exposure to temperatures, in the immediate environment, below which the animal can not maintain normal body temperature without needing to use energy beyond normal basal metabolic rate. extreme weather conditions means temperature or climatic conditions that are likely to predispose an animal to heat or cold stress. heat stress , for an animal, means exposure to temperatures, in the immediate environment, above which the animal can not maintain normal body temperature without needing to use energy beyond normal basal metabolic rate. s 123 amd 2022 No. 35 s 28 (sec.123-ssec.1) This section applies if— an inspector reasonably suspects— an animal at a place, other than a vehicle— is suffering from lack of food or water; or is entangled; or is exposed to extreme weather conditions; or is at risk of being injured or killed by another animal acting aggressively towards it (an aggressive animal ); and the person in charge of the animal is not, or is apparently not, present at the place; and the animal is not at a part of the place at which a person resides, or apparently resides. (sec.123-ssec.2) The inspector may enter and stay at the place while it is reasonably necessary to— provide food or water to the animal; or disentangle the animal; or move the animal to an area within the place that protects the animal from the extreme weather conditions or the aggressive animal. (sec.123-ssec.3) Before leaving the place, the inspector must leave a notice in a conspicuous position and in a reasonably secure way stating the following— the inspector’s name and business address or telephone number; the action taken by the inspector under subsection (2) ; when the action was taken. (sec.123-ssec.4) This section does not limit section 122 . (sec.123-ssec.5) In this section— cold stress , for an animal, means exposure to temperatures, in the immediate environment, below which the animal can not maintain normal body temperature without needing to use energy beyond normal basal metabolic rate. extreme weather conditions means temperature or climatic conditions that are likely to predispose an animal to heat or cold stress. heat stress , for an animal, means exposure to temperatures, in the immediate environment, above which the animal can not maintain normal body temperature without needing to use energy beyond normal basal metabolic rate.