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55.—(1) Subject to paragraph (4), the Department must, on confirmation of low pathogenic avian influenza on premises other than a regulated place, declare a low pathogenic avian influenza restricted zone with a radius of at least 1 kilometre from the premises.
(2) The Department must, on confirmation of low pathogenic avian influenza in an area of the Republic of Ireland which is less than 1 kilometre from Northern Ireland, declare a low pathogenic avian influenza restricted zone in Northern Ireland of such area as is necessary to complete the low pathogenic avian influenza restricted zone centered on the outbreak point in the Republic of Ireland.
(3) The Department may declare a low pathogenic avian influenza restricted zone on confirmation of low pathogenic avian influenza in an area of the Republic of Ireland which is 1 kilometre or more from Northern Ireland.
(4) The Department may, on the basis of a risk assessment, decide not to declare a low pathogenic avian influenza restricted zone under paragraph (1) if the premises where low pathogenic is confirmed are—
(a)a hatchery; or
(b)special category premises.
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