An Act relating to liability for damage caused by animals; and other matters.
This Act may be cited as the Animals Act 1977.
(Repealed)
This Act binds the Crown, not only in right of New South Wales but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.
The tort of cattle-trespass is abolished.
Subsection (1) does not affect:
(a) the construction of a reference in any Act to a trespassing animal,
(b) the tort of trespass committed by a person by means of cattle, or
(c) the law relating to liability of an occupier of land for death of or injury to cattle trespassing on the land.
The remedy at common law of distress of an animal damage feasant is abolished.
In this Part:
Liability for damage caused by an animal depends on so much of the law relating to liability as does not include the common law abrogated by subsection (2).
Any common law qualification, restriction, exclusion, extension or imposition of liability that had effect immediately before the commencement of this Act and related exclusively to liability for damage caused by an animal is hereby abrogated, whether or not:
(a) it related to the nature or propensity of an animal or any class of animal, or knowledge of any such nature or propensity, or
(b) it applied generally or in the circumstances of escape on to a highway or in any other particular circumstances.
Where damage results from a danger to a person entering premises, being a danger due to the state of the premises or due to things done or left undone on the premises, the liability (if any) of a person as an occupier of the premises in respect of the damage depends only on the law relating to the liability of occupiers, notwithstanding that the danger is, or is associated with, the presence or behaviour of an animal in or on the premises.
The rule in Rylands and Fletcher does not apply in relation to damage caused by an animal.
Subject to subsection (2),…