From January 2006, changes to the companion animals legislation means there are now increased control provisions for restricted and declared dangerous dogs and higher penalties for non-compliance. The following information outlines those responsibilities under the NSW Companion Animals Act 1998 (the Act) and the Companion Animals Regulation 1999 (the Regulations).
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 the council in the area where the dog is ordinarily kept within 24 hours if:
- the dog has attacked or injured a person or animal
- the animal cannot be found
- the animal has died
- ownership or owner details of a dangerous dog change
- the dog is being kept at a different address in the area of the council
- the dog is being kept outside the council area.
Report:an aggressive or attacking dog
Dangerous dogs
A dog is dangerous if it has, without provocation, attacked or killed a person or animal, or repeatedly threatened to attack or repeatedly chased a person or animal (s33 of the Act).
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 have given notice to the owner of a dog of the council's intention to declare the dog to be dangerous.
Restricted breeds
It is an offence in New South Wales to sell, acquire or breed dogs on the restricted dog list, including:
- American pitbull terrier or pitbull terrier
- Japanese tosa
- Dogo Argentino (Argentinean fighting dog)
- Fila Brasiliero (Brazilian fighting dog)
- any dog declared by a council to be a restricted dog (ie. any dog where the council is of the opinion that a dog is of a breed or kind of dog on the restricted dog list or a cross-breed of any such breed or kind of dog).
- any other dog of a breed or kind, or description prescribed by the Regulations for the purposes of this section.
If a council issues a dog owner with a Notice of Intention to Declare a Dog to be a Restricted Dog under the Act, the owner may elect to have the dog's breed and temperament assessed. This process must be completed within 28 days.
Your responsibilities
The owner of a restricted or declared dangerous dog must ensure that all of the control requirements listed under section 51 of the Act are complied with.
- All restricted and dangerous dogs must be desexed.
- The dog must not at any time be in the sole charge of a person under 18 years of age.
- While at its normal place of residence the dog must be kept in an enclosure that complies with the requirements prescribed by the Regulation (see below).
- 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.
- The dog must at all times wear a distinctive collar required by the Regulation. Collars can be purchased from the Sutherland Shire Animal Shelter.
Enclosures for restricted and dangerous dogs must:
- be fully enclosed, constructed and maintained so that the dog cannot escape under, over or through the enclosure
- 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 16 years
- 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
- have a minimum height and width of 1.8 m
- have an area of not less than 10 m2 for each dangerous or restricted dog kept on the property
- have walls that are fixed to the floor and constructed to be no more than 50 mm from the floor
- 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 3.15 mm wire or weldmesh manufactured from at least 4 mm of wire with a maximum mesh spacing of 50 mm, or a combination
- have a floor that is constructed of sealed concrete and graded to fall to a drain for the removal of effluent
- provide a weatherproof sleeping area.
Owners of restricted dogs and those dogs declared dangerous are to comply with the prescribed enclosure requirements within three months from the date of the declaration.
Whenever outside its prescribed enclosure, the dog must be:
- On a chain, cord or leash and under the effective control of a competent person
- Muzzled in a manner that is sufficient to prevent it from biting any animal or person.
Council law enforcement officers (rangers) and police now have increased powers to seize a restricted or dangerous dog if the officer is satisfied that any of the control requirements have not been complied with.
Failure to comply
An owner can be issued with a penalty notice of $1,320 for failure to comply with any of the above control requirements and a court can impose a maximum $16,500 fine 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 sections 51 or 56 of the Act.