Regulations - FAQs
What legislation regulates the responsible ownership of companion animals in NSW?
The Companion Animals Act 1998 is the main piece of legislation that regulates the responsible ownership of companion animals and is supported by the Companion Animals Regulation 1999.
Who is responsible for enforcing the Companion Animals Act?
Local councils are the authority responsible for implementing the Companion Animals legislation. Councils have a range of responsibilities including planning, service provision, community education and enforcement.
The legislation gives Authorised Officers, who include certain council officers and NSW police, a range of powers to deal with breaches of the Act as they occur. They can require the names and addresses of people who they reasonably suspect may have breached the Act. They are able to issue penalty notices for some offences, set by regulation, including breaches such as failing to dispose of dog faeces.
Anyone can seize an animal which is stray, or to prevent injury to a person or another animal or damage to property. Seized animals must be delivered to their owner or to a council pound if the owner cannot be identified. Under very limited circumstances officers are able to enter private property to remove a dog which has attacked a person or animal.
They are also able to stop an animal which is attacking or harassing animals in a wildlife protection area or on inclosed lands within the meaning of the Inclosed Lands Protection Act 1901. If there is no reasonable alternative, council officers are empowered to injure or destroy an animal under these circumstances.
Councils also have a range of powers to deal with major or ongoing problems. These powers include the ability to issue nuisance orders, which require the owner of a dog or cat to stop the animal from causing a particular nuisance. Failure to comply with a nuisance order is an offence.
Councils can also declare a dog dangerous if it has without provocation attacked or killed a person or animal, or repeatedly threatened to do so. The owners of dangerous dogs must comply with strict conditions for the control and restraint of their animal, and must notify council of where a dangerous dog is to be kept.
Council officers can seize a restricted or dangerous dog if satisfied that any of the control requirements have not been complied with in relation to the dog.
What will happen if I don’t register my dog or my new cat?
Failure to register or microchip your cat or dog as required by the Companion Animals Act attracts a maximum penalty of $880 unless your dog is restricted or declared dangerous, in which case the maximum penalty is $5,500.
What penalties are there in relation to nuisance dogs and cats?
If you fail to comply with a Nuisance Order which has been issued in relation to your dog, the maximum penalty is $880 for a first offence and $1,650 for a second or subsequent offence.
If you fail to comply with a Nuisance Order which has been issued in relation to your cat, the maximum penalty is $330 for a first offence and $880 for a second or subsequent offence.
What penalties are there for dogs that attack?
The maximum penalty for a dog attack by a restricted or dangerous dog has been increased to $55,000, or imprisonment for two years, or both. For all other dog attacks, a fixed penalty amount of $550 can be issued. This gives rangers and animal management officers more options to deal quickly and decisively with irresponsible dog owners. If the matter is heard by a court, a maximum penalty of $5,500 can be imposed.
What penalties are there in relation to restricted or declared dangerous dogs?
If a restricted or declared dangerous dog attacks, harasses or chases a person or animal, the maximum penalty applicable is $33,000.
Where a restricted or declared dangerous dog attacks or bites a person due to failure to comply with control requirements, the maximum penalty applicable is $55,000 or two years imprisonment or both, with possible immediate destruction of the dog.
If a restricted or declared dangerous dog attacks or bites a person and has previously attacked, the maximum penalty is $22,000 or 2 years’ imprisonment or both, with possible immediate destruction of the dog.
Where control requirements are not complied with in relation to a restricted or declared dangerous dog, the maximum penalty applicable is $16,500.
If a restricted dog is sold or advertised for sale or its ownership is accepted by another person or if it is used for breeding purposes or advertised for breeding purposes, the maximum penalty applicable is $16,500 for each of the offences.
If a restricted or declared dangerous dog is encouraged to attack, the maximum penalty is $11,000 or 6 months’ imprisonment or both. In this case, if the dog attacks or bites a person the maximum penalty is $22,000 or 2 years imprisonment or both.
What can I do if I don’t like the action council has taken in relation to a companion animal issue?
If you remain dissatisfied with action taken by council regarding any complaint, you may write to the General Manager of your council or contact an elected councilor who can raise your concerns with council directly. If your concerns relate to a member of staff at the council, your letter should be directed to the General Manager who is responsible for staffing matters.
The council sent me a fine - what can I do?
If you have been fined for breaching the Companion Animals Act and you believe the fine has been issued unfairly, you may ask for a review by the State Debt Recovery Office (SDRO) which is responsible for the administration and collection of fines issued by councils. The back of your penalty notice provides further details on what to do. The State Debt Recovery Office has published the SDRO Review Guidelines which outline the circumstances and documentary evidence required in order to review any penalty notice issued. Chapter 21 of the Guidelines refers to animal offences. Alternatively, you can elect to have the matter dealt with by the court.