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28.—(1) On confirmation of highly pathogenic avian influenza on premises in Northern Ireland, the Department must declare a protection zone and a surveillance zone.
(2) On confirmation of highly pathogenic avian influenza in an area of the Republic of Ireland which is less than 3 kilometres from Northern Ireland, the Department must declare a protection zone and a surveillance zone in Northern Ireland of such area as is necessary to complete the protection zone and surveillance zone centered on the outbreak point in the Republic of Ireland.
(3) On confirmation of highly pathogenic avian influenza in an area of the Republic of Ireland which is 3 kilometres or more and up to 10 kilometres from Northern Ireland the Department must—
(a)declare a surveillance zone in Northern Ireland of such area as is necessary to complete the surveillance zone centered on the outbreak point in the Republic of Ireland; and
(b)declare a protection zone in Northern Ireland if it considers it necessary to prevent the spread of avian influenza.
(4) The Department may declare protection and surveillance zones in Northern Ireland on confirmation of highly pathogenic avian influenza in an area of the Republic of Ireland which is 10 or more kilometres from Northern Ireland.
(5) The Department must, if it considers it necessary to reduce the risk of the spread of avian influenza, declare one or more restricted zones in addition to protection and surveillance zones.
(6) Paragraphs (1), (2) and (3) do not affect the power of the Department to disapply certain measures under regulations 30(3), 31(3)or to apply alternative measures under regulation 33.
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