Untitled document

Domestic (Feral and Nuisance) Animals

(Amendment) Regulations 2003

S.R. No. 39/2003

TABLE OF PROVISIONS

Regulation Page

1.	Objectives	1
2.	Authorising provisions	2
3.	Principal Regulations	2
4.	Commencement	2
5.	Permanent identification	2
6.	Enclosures for dangerous dogs	5
7.	New regulations 7B and 7C inserted	5
7B.	Enclosure for restricted breed dog	5
7C.	Offence for not providing enclosure	7
8.	New regulation 8A inserted	7
8A.	Restricted breed dog warning sign	7
9.	New Regulation 11A inserted	8

11A.	Application fee for review of decision to declare dog
a restricted breed dog 8

10. Insertion of new regulation 16 8

16.          Transitional provisions—Domestic (Feral and

Nuisance) Animals (Amendment) Regulations 2003 8

11.	New Schedule 1A inserted	10
12.	Schedule 4 amended	10

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ENDNOTES 11

i

STATUTORY RULES 2003

S.R. No. 39/2003

Domestic (Feral and Nuisance) Animals Act 1994

Domestic (Feral and Nuisance) Animals

(Amendment) Regulations 2003

The Governor in Council makes the following Regulations:
Dated: 20 May 2003

Responsible Minister:

BOB CAMERON

Minister for Agriculture

HELEN DOYE

Clerk of the Executive Council

1. Objectives

The objectives of these Regulations are to amend
the Domestic (Feral and Nuisance) Animals

Regulations 1996—

(a)	to amend the manner of permanent identification of animals; and
(b)

to prescribe requirements relating to the dogs; and

(c)	to prescribe the requirements for enclosures for restricted breed dogs; and
(d)	to prescribe warning signs for restricted breed dogs; and

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(e)	to prescribe the application fee for review of a decision to declare a dog a restricted breed dog; and
(f)	to make miscellaneous amendments to those regulations.

2. Authorising provision

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

1994.

3. Principal Regulations

In these Regulations, the Domestic (Feral and the Principal Regulations.

4. Commencement

These Regulations come into operation on 20 May

2003.

5. Permanent identification

(1) For regulation 5(1)(b) of the Principal Regulations

substitute—

"(b) in any other case, implantation of a

134⋅2 kHz microchip, the information on

which—

(i)

is capable of individually identifying microchip; and

(ii) first 3 digits of which are the
manufacturer's code allocated to the
manufacturer of the microchip by the

includes an identification number, the Recording; and

(iii)  is capable of being detected and decoded by a multireader.".

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(2) For regulation 5(2) of the Principal Regulations

substitute—

"(2) For the purposes of section 19(2) of the Act, the prescribed manner of permanent

identification is implantation of a 134⋅2 kHz

microchip, the information on which—

(a)

is capable of individually identifying and

(b) first 3 digits of which are the
manufacturer's code allocated to the
manufacturer of the microchip by the

includes an identification number, the Recording; and

(c) is capable of being detected and decoded by a multireader.".

(3) After regulation 5(4) of the Principal Regulations

insert—

"(5) In the case of a dog that has been declared

under section 10(3) of the Act to be a

restricted breed dog—

(a) identified in the manner prescribed in
sub-regulation (2) before being so
declared, the owner must within 7 days
of the dog being permanently

if that dog has not been permanently identification to the Council with which the dog is required to be registered; or

(b) if that dog has been permanently identified in the manner prescribed in sub-regulation (2) before being so declared, the owner must, within 7 days of the declaration, forward details of

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the dog's identification to the Council
with which the dog is required to be

registered.

(6) In the case of a dog that has been declared

under section 98A of the Act to be a
restricted breed dog, and in respect of which
declaration a review has not been applied for
under section 98D of the Act within the time

prescribed by section 98—

(a) identified in the manner prescribed in
sub-regulation (2) before being so
declared, the owner must, within 7 days
of the dog being permanently

if that dog has not been permanently identification to the Council with which the dog is required to be registered; or

(b) identified in the manner prescribed in
sub-regulation (2) before being so
declared, the owner must, within 7 days

if that dog has been permanently the dog's identification to the Council with which the dog is required to be registered.

(7) In the case of a dog that has been affirmed

under section 98F of the Act to be a

restricted breed dog—

(a) identified in the manner prescribed in
sub-regulation (2) before being so
affirmed, the owner must, within 7 days
of the dog being permanently

if that dog has not been permanently identification to the Council with which the dog is required to be registered; or

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(b) identified in the manner prescribed in
sub-regulation (2) before being so
affirmed, the owner must, within 7 days

if that dog has been permanently the dog's identification to the Council with which the dog is required to be registered.".

6. Enclosures for dangerous dogs

In regulation 7(1)(c) of the Principal Regulations, after "metres" insert "for every dangerous dog kept at the owner's premises".

7. New regulations 7B and 7C inserted

After regulation 7A of the Principal Regulations insert—

"7B. Enclosure for restricted breed dog

(1) For the purposes of section 41G(2)(c) of the Act, an enclosure for a restricted breed dog (that is outside any dwelling on the owner's premises) is a structure—

(a) the perimeter of which must have a

minimum height of 1⋅8 metres; and

(b)

if directed by an authorised officer of which must have an inward-facing
overhang of 0⋅7 metres angled at

35 degrees to the horizontal plane; and

(c)

that must have a minimum area of breed dog kept at the owner's premises; and

(d) that must be constructed of—

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

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(ii)	mesh which complies with sub- regulation (2); or
(iii)	any combination of those materials referred to in sub- paragraphs (i) and (ii); and

(e)

that must be constructed and the dog from being able to dig or otherwise escape under, over or through the perimeter of the enclosure; and

(f)	that must be designed to prevent children from climbing into the enclosure; and
(g)	that must be constructed to provide a weatherproof sleeping area for the dog; and
(h)	that if the structure contains gates, each gate must contain a childproof lock that has a self-closing and self-latching
mechanism that enables the enclosure to be securely locked when the dog is in the enclosure; and

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

(2) Mesh used in the construction of fencing of

an enclosure referred to in sub-regulation (1)

must be—

(a) chain mesh manufactured from 3⋅15mm

wire to form a uniform 50mm mesh; or

(b)

weldmesh manufactured from 4mm 50mm.

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(3) For the purposes of section 41G(2)(c) of the Act, an enclosure for a restricted breed dog may be a dwelling on the owner's premises if

the dwelling is secured so that—

(a)	the dog cannot escape from the dwelling; and
(b)	a person cannot enter the dwelling without being admitted by the owner.

(4) An authorised officer may direct an owner of

a premises where 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.

7C. Offence for not providing enclosure

The owner of a restricted breed dog must
ensure that there is, outside any dwelling on
his or her premises, an enclosure that
complies with regulation 7B(1).

Penalty: 5 penalty units.".

8. New regulation 8A inserted

After regulation 8 of the Principal Regulations insert—

"8A. Restricted breed dog warning sign

(1) For the purposes of section 41H of the Act, a

warning sign that complies with these
Regulations is one that—

(a) is a rectangle with a height of 10 cm and a width of 30 cm; and

(b) is made of durable material; and

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(c) is similar to the sign illustrated, coloured and set out in the manner indicated, in Schedule 1A.

(2) A person must not display on any premises,

other than a premises where a restricted
breed dog is kept, a sign that resembles the
sign in Schedule 1A.
Penalty: 2 penalty units.".

9. New Regulation 11A inserted

After regulation 11 of the Principal Regulations insert—

"11A. Application fee for review of decision to

declare dog a restricted breed dog

For the purposes of section 98D(2)(c) of the of a decision is $200.".

10. Insertion of new regulation 16

After regulation 15 of the Principal Regulations insert—

'16. Transitional provisions—Domestic (Feral

and Nuisance) Animals (Amendment)

Regulations 2003

(1) In the case of an animal that was not,

immediately before the commencement day,
a dangerous dog, regulation 5(1)(b) of the
new regulations does not apply to the animal

if the animal was—

(a)	immediately before the commencement day, permanently identified by the implantation of a microchip in accordance with regulation 5(1)(b) of the old regulations; and
(b)	at any time before the commencement day, registered under Part 2 of the Act.

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(2) In the case of a dog that was, immediately

before the commencement day, a dangerous dog or a restricted breed dog, regulation 5(2) of the new regulations does not apply to the
dog if the dog was, immediately before the

commencement day—

(a) permanently identified by the implantation of a microchip in accordance with regulation 5(2) of the

old regulations; and

(b) registered under Part 2 of the Act.

(3) In the case of a dog that is declared to be a

dangerous dog or a restricted breed on or
after the commencement day, regulation 5(2)
of the new regulations does not apply to that

dog if—

(a)	immediately before the commencement day, the dog was permanently identified by the implantation of a microchip in
accordance with regulation 5(1)(b) of the old regulations; and
(b)	at the time that the dog is declared to be a dangerous dog or a restricted breed dog, the dog is registered under Part 2 of the Act.

(4) In this regulation—

"commencement day" means the day on

which the Domestic (Feral and
Nuisance) Animals (Amendment)
Regulations 2003 come into operation;

"new regulations" means the Domestic

(Feral and Nuisance) Animals from the commencement day;

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"old regulations" means the Domestic

(Feral and Nuisance) Animals
Regulations 1996 as in force
immediately before the commencement

day.'.

11. New Schedule 1A inserted

After Schedule 1 to the Principal Regulations insert—

"SCHEDULE 1A

Regulation 8A

RESTRICTED BREED DOG WARNING SIGN

Restricted Breed Dog

on Premises

=	Light turquoise
=	Sign text: Black, font size: 72, font: Times New Roman, font style: bold Sign border: 3 point black".

12. Schedule 4 amended

In Schedule 4 to the Principal Regulations, in

item 5 in column 2 for "23(2)" substitute "23(4)".

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Domestic (Feral and Nuisance) Animals (Amendment)
Regulations 2003

Endnotes S.R. No. 39/2003

ENDNOTES

1 Reg. 3: S.R. No. 25/1996 as amended by S.R. No. 62/2002.