Fergus O'Dowd (Louth, Fine Gael)
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Question 222: To ask the Minister for Agriculture and Food if the Control of Horses Act 1996 applies to unlicensed commonage in view of the fact that there is no reference to commonage in the Act; and if he will make a statement on the matter. [4650/04]

Joe Walsh (Cork South West, Fianna Fail)
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Under section 17(1) of the Act a local authority may by-laws declare all or any part of its functional area to be a control area where it is satisfied that horses in that area should be licensed having regard to the need to control the keeping of horses, the need to prevent nuisance, annoyance or injury to persons or damage to property by horses and such other matters as it considers relevant. Therefore, commonages can be included within the provisions of section 17 of the Control of Horses Act.