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Changes to the Companion Animals legislation means there are now increased control provisions for restricted and declared dangerous dogs with higher penalties for non-compliance.
Along with greater responsibilities for owners of restricted and dangerous dogs, local councils now have a duty under the Act to take all necessary steps to ensure they are aware of the existence of all dangerous and restricted dogs kept in their area. If you are aware of a restricted dog in your area, please contact Councils Customer Service Centre on (02) 9952 8222 .
Officers authorised under the Act have the powers to seize a restricted or dangerous dog if the officer is satisfied that any of the control requirements have not been complied with in relation to the dog.
The registered owner of a dog in New South Wales must be over 18 years of age.
Owners of restricted and dangerous dogs must notify Council within 24 hours if the dog:
- has attacked or injured a person or animal
- cannot be found
- has died
- is being kept at a different address within the Council area
- is being kept outside the Council area
Restricted dogs
It is now an offence in New South Wales to sell, acquire or breed dogs on the restricted dog list. Restricted dogs in NSW are the same as those currently on the prohibited list of importations into Australia. However, changes to The Companion Animals Act now include offspring of restricted dogs on that list, as follows:
- American Pitbull Terrier or Pitbull Terrier
- Japanese Tosa
- Dogo Argentino (Argentinean fighting dog)
- Fila Brasiliero (Brazilian fighting dog)
- Any dog declared by a council under Division 6 of the Act to be a restricted dog*
- Any other dog of a breed kind, or description prescribed by the Regulations
* This means any dog where Council is of the opinion that the dog is of a breed or dog on the restricted dog list, or a cross-breed of any such breed or dog.
Council declared restricted dogs
If Council issues a dog owner with a “Notice of Intention to Declare a Dog to be a Restricted Dog” under Division 6, the owner has 28 days to complete the process where they may elect to have the dog’s breed and temperament assessed. If you receive such a notice you can contact us for further information.
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Dangerous dogs
A dog is Dangerous if it has, without provocation:
- attacked or killed a person or animal,
- repeatedly threatened to attack,
- repeatedly chased a person or animal
- displayed unreasonable aggression towards a person or animal, or
- is kept or used for the purpose of hunting
A dog is not, for the purposes of subsection (1) (d), to be regarded as being kept or used for the purposes of hunting if it is used only to locate, flush, point or retrieve birds or vermin. "Vermin" includes small pest animals only (such as rodents).
Dangerous dogs” in NSW are dogs that are the subject of a declaration under the Act by a Council or a court that the dog is considered dangerous. Council must give notice to the owner of a dog of their intention to declare the dog to be dangerous. The owner of the dog has the right to appeal Councils decision within 7 days after the notice is given and if the dog owner is not satisfied with Councils decision may elect to Appeal to Local Court within 28 days of when the dog was declared dangerous.
Your responsibilities
The owner of a restricted or declared dangerous dog must ensure that each of the control requirements listed under section 51 and 56 of the Act and relevant parts of the Regulation are complied with. Council can advise you of these requirements in full.
- All restricted and dangerous dogs must now by law be desexed and it is an offence to sell or give away these dogs.
- It is an offence to sell or give away a dangerous or restricted dog or sell or give away a dog subject to a notice of intention to declare dangerous or restricted.
- The dog must not at any time be in the sole charge of a person under 18 years of age.
- While the dog is on the property on which the dog is ordinarily kept, the dog must be kept in an enclosure that complies with the requirements prescribed by the regulations (refer to enclosure requirements for restricted and dangerous dogs).
Warning signs
One or more signs must be clearly displayed on the property showing the words “Warning Dangerous Dog” in letters clearly visible from the boundaries of the property. Warning signs can be purchased from council.
Whenever the dog is outside its prescribed enclosure, the dog:
- must be under the effective control of some competent person by means of an adequate chain, cord or leash that is attached to the dog and held by (or secured to) the person; and
- must be muzzled in a manner that is sufficient to prevent it from biting any animal or person.
Collar
Dangerous and restricted dogs must at all times wear a distinctive collar required by the Regulation.
Failure to comply
An owner can be issued with a penalty notice of $1320 for failure to comply with any of the above control requirements and a court can impose a maximum $55,000 or two years imprisonment or both can be applied if a dangerous or restricted dog attacks or bites another person, or if an incident is the result of the owner’s failure to comply with any one of the requirements of section 51 or 56 of the Act. Depending on the circumstances, these offences may also result in the seizure and destruction of a dog.
Restricted dog owners need to know that their dog(s) may be seized and destroyed in the following circumstances:
- If an authorised officer is satisfied that any of the control requirements outlined in section 56 of the Act have not been complied with.
- If the dog becomes a restricted dog because of a declaration by an authorised officer. Seizure and destruction may occur regardless of whether the requirements of section 56 of the Act have been, or are capable of being complied with in relation to the dog.
Enclosure requirements
There are enclosure requirements for restricted and dangerous dogs as prescribed by the Companion Animals Regulation 2008;
The Companion Animals Act requires the enclosure:
- To be fully enclosed, constructed and maintained so that the dog cannot dig or escape under, over or through the enclosure;
- to be constructed so that a person cannot have access to it without the assistance of an occupier of the property who is above the age of 18 years;
- to be designed to prevent children from having access to the enclosure;not be located on the property in such a way that people are required to pass through the enclosure to gain access to other parts of the property;
- to have a minimum height and width of 1.8m and a minimum width of 1.8m;
- to have an area of not less than 10 square metres for each dangerous or restricted dog kept on the property;
- to have walls that are fixed to the floor and constructed to be no more than 50mm from the floor;
- to have walls, a fixed covering and a gate that are constructed of brick, timber, iron or similar solid materials, or chain mesh manufactured from at least 3.15mm wire or weldmesh manufactured from at least 4mm wire with a maximum mesh spacing of 50mm, or a combination;
- have a floor that is constructed of sealed concrete and graded to fall to drain for the removal of effluent; and
- provide a weatherproof sleeping area of sufficient dimensions to enable each dangerous or restricted dog kept on the property to shelter from the wet.
- Any gate to the enclosure must be self-closing and self-latching that enables the enclosure to be securely locked when the dog is in the enclosure.
Owners of restricted dogs and those dogs declared dangerous are to comply with the prescribed enclosure requirements within 3 month from the date of the declaration and must obtain a compliance certificate for the enclosure from Council.
For further explanation of these requirements see section 51 and 56 of the Companion Animals Act and Regulation 24 of the Companion Animals Regulation 2008 or contact us.
Remember, all dogs in NSW including dangerous and restricted dogs MUST be microchipped and registered on the NSW Companion Animals Register.
Click here for more information relating to dangerous and restricted dogs and also penalties for failure to comply.
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