Paragraph 48 exemption

Find out what Paragraph 48 legislation says and what it means

What the legislation says

48. Burial of a dead domestic pet in the garden of a domestic property where the pet lived, unless:

(a) the dead domestic pet may prove hazardous to anyone who may come into contact with it; or
(b) the burial is carried out by an establishment or undertaking and the pet did not die at the property.

What this means

Paragraph 48 permits the burial of dead pets at the place where they lived unless the burial could cause harm to:

  • people,
  • the environment or
  • other animals.

It does not exempt burial of dead pets that were not owned by and did not die at the property of an establishment or undertaking.

Questions and answers

We have provided the following questions and answers relating to help you understand if this exemption includes the type of activity that you wish to undertake.

Q. What is meant by the term establishment or undertaking?
A. An establishment or undertaking maens any organisation including:

  • companies
  • partnerships
  • authorities
  • societies
  • trusts
  • clubs
  • charities, or
  • other organisations

It does not include private individuals acting in a personal capacity.

Q. Do individuals who are not establishments or undertakings need to register the burial of their own domestic pet?
A.  No, the requirement to register an exemption does not extend to individuals who are not establishments or undertakings.

Q. Should an establishment or undertaking register as exempt, the burial of a pet which lived and died at those premises?
A. Establishment and undertakings are allowed to bury a domestic animal in the garden where it lived but they do not need to register this with us.

Example of an activity that is not suitable for registration under the Paragraph 48 exemption

An establishment operates a pet crematorium and pet cemetery.

  • Pet crematoriums and cemeteries do not qualify for this exemption.
  • These activities usually require a permit.