The law regarding pets in New South Wales is largely confined to the Prevention of Cruelty to Animals Act and the Companion Animals Act.

You may have noticed that specific dog breeds such as Corgis, Rottweilers, and Boxers now have long tails, unlike the docked or cropped tails that were common some years ago.

This is because it is now illegal to dock or crop the tail or ears of animals under the Prevention of Cruelty to Animals Act.

Companion Animals Act

This Act is confined to laws regulating responsibilities concerning dogs and cats in New South Wales.  The Act imposes obligations on owners, which can be summarised as follows:

Cat Owners 

Cat owners have a responsibility to keep them away from food preparation and consumption areas and wildlife protection areas.  They must also ensure that they do not persistently make a noise that unreasonably interferes with the peace, comfort or convenience of neighbours or repeatedly damages anything outside the property.

Dog Owners

Dog owners have more specific responsibilities, including:

  • Making sure the dog has a collar with a name tag showing the name of the dog and the address or telephone number of the owner. This is important, not only to comply with the Act, but because, if your dog ends up at a Council Pound they can in some circumstances, be sold or destroyed after seven days if the owner cannot be identified.
  • Taking all reasonable steps to prevent the dog from escaping from your property.
  • Having control of the dog in a public place by using a chain, cord or leash.
  • Keeping dogs away from prohibited places such as children’s play areas, food preparation and consumption areas, childcare centres, school grounds and wildlife protection areas.
  • Immediately picking up their dog’s faeces from a public place.

Nuisance, Dangerous or Menacing Dogs

Dog owners face hefty fines if their dog is declared to be a nuisance.  This may occur when the dog is habitually at large, persistently barks, repeatedly defecates on another person’s property, repeatedly runs at or chases any person, animal or vehicle, or repeatedly causes substantial damage to property.

A dog may be declared dangerous by a Council officer if it has, without provocation, attacked or killed a person or animal, repeatedly threatened to attack or repeatedly chased a person or animal, or is kept or used for hunting.  A dog may be declared menacing if it has shown unreasonable aggression towards a person or animal or has, without provocation, attacked a person or animal, but did not cause serious injury or death.

A dog owner who receives a dangerous dog declaration has the right to appeal that declaration in the Local Court.  It is important to seek legal advice if such a notice is received as failure to comply with a dangerous dog declaration can result in the dog being seized and destroyed.

If you or any member of your family needs assistance or advice in relation to their rights and obligations as a pet owner, please contact us on 02 9525 8688 or email wmd@wmdlaw.com.au.