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Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2004

S.R. No. 162/2004

TABLE OF PROVISIONS

Regulation  Page

1.Objective

2.Authorising provision

3.Commencement

4.Principal Regulations

5.Substitution of regulation 7

7.Enclosures for dangerous dogs and restricted breed dogs

6.Perimeter fencing for dangerous dog guarding non-residential premises

7.Revocation of regulations 7B and 7C

8.Amendment to Schedule 4 to insert additional offences for infringement notices

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ENDNOTES

STATUTORY RULES 2004

S.R. No. 162/2004

Domestic (Feral and Nuisance) Animals Act 1994

Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2004

The Governor in Council makes the following Regulations:

Dated: 14 December 2004

Responsible Minister:

BOB CAMERON
Minister for Agriculture

DIANE CASEY

Clerk of the Executive Council

1.Objective

The objective of these Regulations is to amend the Domestic (Feral and Nuisance) Animals Regulations 1996—

(a)to prescribe penalties for further offences for which an infringement notice may be issued; and

(b)to amend the requirements for enclosures for dangerous dogs and dogs declared under the Act to be restricted breed dogs as a consequence of amendments made to the Domestic (Feral and Nuisance) Animals Act 1994; and

(c)to revoke redundant provisions.

2.Authorising provision

These Regulations are made under section 100 of the Domestic (Feral and Nuisance) Animals Act 1994.

3.Commencement

These Regulations come into operation on 16 December 2004.

4.Principal Regulations

In these regulations, the Domestic (Feral and Nuisance) Animals Regulations 1996[1] are referred to as the Principal Regulations.

5.Substitution of regulation 7

For regulation 7 of the Principal Regulations substitute¾

"7.Enclosures for dangerous dogs and restricted breed dogs

(1)For the purposes of section 38(3)(c) of the Act, a prescribed enclosure for a dangerous dog or a dog declared under the Act to be a restricted breed dog must¾

(a)have a minimum height of 1·8 metres; and

(b)have a minimum area of 10 square metres for every such dog kept at the owner's premises; and

(c)provide a weatherproof sleeping area.

(2)In the case of a dangerous dog, the enclosure must, in addition to the requirements of sub-regulation (1)¾

(a)be fully enclosed; and

(b)have a minimum width of 1·8 metres; and

(c)have walls that are¾

(i)fixed to the floor; and

(ii)constructed to be no more than 50 mm from the floor; and

(d)have walls, a roof and a gate that are constructed of¾

(i)brick, timber, iron or similar solid materials; or

(ii)mesh which complies with sub-regulation (4); or

(iii)any combination of those materials referred to in sub-paragraphs (i) and (ii); and

(e)have a floor that is¾

(i)constructed of sealed concrete; and

(ii)graded to fall to a drain for the removal of effluent; and

(f)have a gate that¾

(i)has a lock which enables the enclosure to be securely locked when the dog is in the enclosure; and

(ii)is kept locked when the dog is in the enclosure.

(3)In the case of a dog declared under the Act to be a restricted breed dog, the enclosure must, in addition to the requirements of sub-regulation (1)¾

(a)if the owner of the dog is directed by an authorised officer under sub-regulation (5), have a perimeter with an inward-facing overhang of 0·7 metres angled at 35 degrees to the horizontal plane; and

(b)be constructed of¾

(i)brick, concrete, timber, iron or similar solid materials; or

(ii)mesh which complies with sub-regulation (4); or

(iii)any combination of those materials referred to in sub-paragraphs (i) and (ii); and

(c)be constructed and maintained in a manner which prevents the dog from being able to dig or otherwise escape under, over or through the perimeter of the enclosure; and

(d)be designed to prevent children from climbing into the enclosure; and

(e)if the enclosure contains gates, each gate must¾

(i)contain a self-closing and self-latching mechanism that enables the enclosure to be securely locked when the dog is in the enclosure; and

(ii)be kept locked when the dog is in the enclosure; and

(f)not be situated on premises in such a manner that people are required to pass through the enclosure.

(4)Mesh used in the construction of an enclosure must be¾

(a)chain mesh manufactured from 3·15 mm wire to form a uniform 50 mm mesh; or

(b)weldmesh manufactured from 4 mm wire with a maximum mesh spacing of 50 mm.

(5)An authorised officer may direct an owner of a premises, where a dog that is declared under the Act to be a restricted breed dog is housed in an enclosure, to ensure that the perimeter of the enclosure has an inward-facing overhang of 0·7 metres angled at 35 degrees to the horizontal plane if he or she reasonably believes that the dog has previously escaped over the perimeter of the enclosure.".

6.Perimeter fencing for dangerous dog guarding non-residential premises

In regulation 7A(1) of the Principal Regulations, for "section 38(4)" substitute "section 38(2)(a)".

7.Revocation of regulations 7B and 7C

Regulations 7B and 7C of the Principal Regulations are revoked.

8.Amendment to Schedule 4 to insert additional offences for infringement notices

In the table in Schedule 4 to the Principal Regulations¾

(a)after item 12 insert—

"12A	38(1)	Failure to ensure that dangerous dog is properly confined on owner's residential premises	2 penalty units
12B	38(2)	Failure to ensure that dangerous dog is properly confined on owner's non-residential premises	2 penalty units";

(b)after item 13 insert—

"13A 41G Failure to ensure that restricted breed dog is properly confined on owner's premises 1 penalty unit".

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ENDNOTES

[1] Reg. 4: S.R. No. 25/1996.  Reprint No. 1 as at 18 March 2004.  Reprinted to S.R. No. 39/2003 and subsequently amended by S.R. No. 88/2004.