PART 2Confirmation or suspicion of H5N1

Extent of wild bird protection and surveillance zones9

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1

Subject to this article, a wild bird protection zone or a wild bird surveillance zone shall be of such size as the Scottish Ministers consider fit to prevent the spread of avian influenza.

2

A wild bird protection zone must be centred on the place where the wild bird or carcase was found and its boundaries must be at least three kilometres from that place.

3

A wild bird surveillance zone must be centred on the place where the wild bird or carcase was found and its boundaries must be at least ten kilometres from that place.

4

The Scottish Ministers must take into account the following factors in deciding the extent of any wild bird protection zone or wild bird surveillance zone—

a

the geographical features of the proposed zones;

b

any administrative boundaries;

c

any ecological factors;

d

any epizootic factors;

e

monitoring facilities; and

f

any other factor they consider relevant to the effect of the proposed declaration.