'Nonsense' law may force tortoise sanctuary to shut - or apply for 'zoo status'
One of Britain's most famous tortoise sanctuaries faces closure after a council enforced rules which state the reptiles must be subject to the same rules as other wild animals such as lions.
Joy Bloor, owner of Tortoise Garden in Sticker, was told that she must apply for zoo status or close after Cornwall Council reclassified the creatures as wild animals — on a par with tigers, giraffes and elephants. She has been given one month to apply for zoo status for the shelter — which she says could cost her £250,000 a year.
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Mrs Bloor hit headlines last year after an opportunistic thief stole a giant tortoise called Zeus and sold it on for thousands of pounds. The tortoise, one of more than 450 at the garden, eventually turned up hundreds of miles away with a new owner.
Now Mrs Bloor who runs the garden with her husband Geoff, faces making hundreds of tortoises homeless.
She said: "The cost of running as a zoo could be in excess of £250,000 a year which for a tiny operation that runs on a shoestring like us is unachievable.
"I told the council official that tortoises were domestic pets not wild animals but she was insistent. She stated that her definition of a domestic pet is a dog, cat or similar that can be house trained. What about rats, mice, rabbits and even horses — its complete nonsense."
The rules state that the tortoise is a species not normally domesticated in Great Britain but a wild animal. But Cornwall Council went against Government guidance exempting wild species introduced to this country but now so commonly kept outside zoos as to justify regarding them as normally domesticated in the UK. They did, however, decide that guinea pigs, hamsters and chinchillas would remain exempt.
Under the Zoo Licensing Act 1981 domesticated animal collections do not require the same inspections as zoos.
A council spokesman said: "Cornwall Council has no choice in its duty to apply the Zoo Licensing Act 1981 to the Tortoise Garden. If a licence application isn't submitted then the Council will have no choice other than to issue a closure notice."
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by Alan, Illogan
Thursday, June 10 2010, 7:06PM
“Over the years I have been bitten by more than one dog, badly scratched by a "pet" cat, and once kicked by a horse, but I have never been attacked by a "wild" tortoise!!.
If this couple don't cough up the licence fee what are Cornwall Council going to do? Kill all the tortoises? I doubt that, but if they try to give them away, I wonder how many tortoises any one person can have before they require a licence.
The official who made this ridiculous decision needs a licence herself under the Mental Health Act!!”
by Paul, St Austell
Thursday, June 10 2010, 6:32PM
“How easy it is to take a story at face value! Before posting, I¿ve taken the opportunity to have a look online to check the facts. If anyone else is bored enough to want to read it, you can find the link to the Act here: http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1981/cukpga_19810037_en_1
Regarding the comments below, Charles Henry 1945-(diuturnity), Somersetshire - Actually, the Zoo Licensing Act is dated 1981, during the time I believe Margaret Thatcher was PM
animal student, Cornwall - Unfortunately, it¿s the Zoo Licensing Act you need to refer to, not the wild animals act. The tortoise is not native to this country & the references to sheep, horses etc are a nonsense
L King, Newport, South Wales ¿ by your own statement, you acknowledge that tortoises do not originate from Britain (therefore, animals not native to the UK and open to viewing by the public, with or without payment for 7 days or more per year and appear to require a licence.) Obviously I don¿t know what the Government guidance is that the Council allegedly went against, but the Zoo Licensing Act appears to apply.
Incidentally, if anyone looks at the DEFRA website, you¿ll see a list of all zoos either issued with licences or exemptions http://www.defra.gov.uk/wildlife-pets/zoos/documents/zoo-list.pdf many of the local attractions are included here, including the seal sanctuary, monkey sanctuary, birds of prey centre along with hundreds of bird parks, butterfly centres and aquariums and other attractions throughout the UK.
As for the comment ¿The cost of running as a zoo could be in excess of £250,000 a year¿ ¿ where on earth did that figure come from? On the Councils website, the initial fee for a licence appears to be £275, yes, £275, (not thousands) but DEFRA inspectors fees are added, so there would probably still be plenty of change from £1000
I¿ve been to the site in the past and loved looking around & the owner is clearly pasionate about the tortoises. I hope she can find a way forward”
by Cyanotic, St. Ives
Thursday, June 10 2010, 4:20PM
“From the sound of it, that is one council official who could be made redundant and the service the public get from the council would improve.”
by Peter Pennington, Alexandria
Thursday, June 10 2010, 4:08PM
“I link this to the story about the licence for Falmouth's Sea Shanty Festival where Cornwall CC cannot issue the right paperwork. County officials have to learn they are there to serve the public and not sit on their dignity. Rules are for guidance, not slavish obedience.”
by cheekyman, Redruth
Thursday, June 10 2010, 4:04PM
“Cornwall Councill make perfect sense to me...I fear the day that these tortoises break out of their cages and start attacking farm animals...they might even start attacking people unless something is done NOW to stop the breeding and keeping of these dangerous wild animals.”
by richard, bodmin
Thursday, June 10 2010, 4:02PM
“Come on Mr Cameron, find out who this "official" is and make an example of them. The wages and future pension costs of this self preserving jobsworth will be a good example of public sector cuts which will not impact on frontline services.”
by L King, Newport, South Wales
Thursday, June 10 2010, 3:53PM
“I've never heard such a crazy ruling, would I have to apply for an exotic animals licence for my ferrets then? Or my rats? How can "definition of a domestic pet is a dog, cat or similar" be justified? Tortoises have been domestic pets for decades, granted they are "exotic" in the true sense of the word as they do not originate from Britain and the extent to which they can be domesticated is debatable BUT they should not need a zoo licence in the same way that lions, tigers, leopards etc. do, it's ridiculous! The fact that the council have gone against government guidance on the matter makes me wonder what they are truly up to - are they trying to get money for nothing? To increase their "attractions"? Surely Cornwall have enough real animal places to bother rather than this poor couple?! I fear for the tortoises, what will happen to them if this place should close? God only knows. We truly live in sad days.”
by David, St Austell
Thursday, June 10 2010, 3:28PM
“As one who thought Cornwall could not get any more stupid I apologise. I was wrong. Tortoise a wild animal? Pet dogs and cats are wilder so are we all going to have to apply for zoo status?”
by Truro Voter, Truro
Thursday, June 10 2010, 1:46PM
“@ animal student
Your Facebook idea is a good one. Why don't *you* do it? Once it is up and running I think there would be a lot of support.”
by Charles, Newquay
Thursday, June 10 2010, 1:35PM
“Get you new MP on the case, lets see what he's made of!”