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This topic covers
- the legal obligations of owners of cats and dogs
- noisy animals and nuisance cats and dogsÂ
- dog bites and attacks
- dangerous or menacing dog declarations and restricted dogs
- animal cruelty and welfareÂ
- lost or straying animalsÂ
- agistments
- dealing with vets.​
| Time limit | Action |
|---|---|
| General | |
| 28 days | You have 28 days from the date you were notified of the possession to appeal the decision of an authorised officer to take possession of your property or animals under the Public Spaces (Unattended Property) Act 2021. If your property or animal has been taken under the Public Spaces (Unattended Property) Act 2021 you must lodge a written notice to the authority or occupier of the property or animal of your intention to apply to the NSW Civil and Administrative Tribunal to review the decision. |
12 weeks
| Dogs and cats must be microchipped by 12 weeks of age or before being sold or given away, whichever happens first. |
| 12 weeks | Dogs and cats must be registered by 12 weeks of age or before sold or given away, whichever happens first. For more information, see Register a pet on the NSW Office of Local Government website. |
| Four months | You must desex your cat by four months of age or you will need to purchase an annual permit. |
| Three years | You have three years from the date you became aware of an injury from an animal attack to start legal proceedings for compensation for personal injury. |
| Appeals | |
| Seven days | If you have received notice that the council intends to declare your dog as dangerous or menacing, you have seven days from when you were given the notice to object in writing. |
| 28 days | If the local council has made a declaration that your dog is dangerous and has written to you to tell you this, you have 28 days from when the declaration was made to file an appeal in the Local Court. This does not apply to menacing dog declarations as there is no right of appeal. |
| 28 days | If the local council refuses to revoke the declaration that your dog is dangerous, you have 28 days from the refusal to file an appeal in the Local Court. This does not apply to menacing dog declarations as you can't appeal a refusal to revoke a declaration that your dog is menacing. |
| 28 days | If you received notice that the local council intends to declare your dog restricted, you have 28 days to provide written evidence to the local council that your dog is not a restricted breed. |
| Taking possession of an animal | |
| As soon as possible | In an emergency, authorised officers may place stock or other animals on your land or public land without consent, and remove it as soon as possible after the emergency. |
| 24 hours | Under the Public Spaces (Unattended Property) Act 2021, if an animal comes on to your property and you know who the owner is, you have 24 hours to inform the owner. You then have four days in which to return the animal. |
| Four days | If an animal comes on to your property and you do not know who the owner is, you must take reasonable steps to identify the owner, make contact with an authority, or take the animal to a place of care within four days under the Public Spaces (Unattended Property) Act 2021. |
| Seven days | If your animal has been taken under the Public Spaces (Unattended Property) Act 2021 you have seven days to claim responsibility for the animal before it may be sold or disposed of. |
| 28 days | If your animal was taken under the Public Spaces (Unattended Property) Act 2021 (NSW), you have 28 days from the date you applied for the animal to be released to then apply to NCAT for a review of the fees and charges, or to review whether or not it was legal to take the animal under possession. |
Organisation
| Organisation | Responsibilities |
|---|---|
| NSW Pet Registry | Microchipping and registration details for cats and dogs are recorded on the NSW Pet Registry. |
| Local councils | Local council officers have the power to declare dogs and cats as nuisances. They can also declare dogs to be menacing, dangerous or restricted. Local council officers and other authorised officers such as police and emergency services workers, also have powers to seize, take the animal to a council pound and destroy, or keep on any practical premises including private land, animals in certain circumstances. |
| NSW Civil and Administrative Tribunal (NCAT) | NSW Civil and Administrative Tribunal (NCAT) has jurisdiction to review fees or charges where an animal has been taken under the Public Spaces (Unattended Property) Act 2021. |
| NSW Local Court | NSW Local Court has jurisdiction to hear appeals of dangerous dog declarations. |
Legislation
| Authority | Covers |
|---|---|
| Companion Animals Act 1998 (NSW) and regulations | The Companion Animals Act 1998 (NSW) and regulations outline the requirements for identification and registration of dogs and cats in NSW, the responsibilities of owners, the law in relation to dangerous, menacing and restricted dogs, and the powers of authorised officers at local councils. |
| Public Spaces (Unattended Property) Act 2021 | The Public Spaces (Unattended Property) Act 2021 replaces the Impounding Act 1993 (NSW) and does not include dogs or cats regulated by the Companion Animals Act 1998. The Public Spaces (Unattended Property) Act 2021 deals with unattended animals including: Â
|
| Com​mo​​n term | Defin​ition |
|---|---|
Authorised Officer | A person appointed by an authority, such as a council worker, police officer, public land managers, transport or park authorities. |
Agistment | Agistment is where an owner of land allows another person's livestock to graze or feed on their property for a fee. Usually, there is a condition that the livestock are returned to the owner on demand. |
Companion animal | Defined as a cat or dog in the Companion Animals Act 1998 (NSW). |
Control order | An order made by the Local Court that requires the owner of a dog to take certain action to prevent or reduce the chance of a dog causing injury or attacking a person or animal. |
Dangerous dog | A dog that has been declared dangerous by a local council or the Local Court. A dog can be declared dangerous if it has:
|
Destruction order | An order that requires the owner of a dog to have the dog put down (destroyed). |
Menacing dogs | A dog that has been declared menacing by a local council or the Local Court. A dog can be declared menacing if it:
|
Nuisance cat | A cat that:
|
| ​Nuisance dog | ​A dog that:
|
Restricted dog | Restricted breeds of dog are:
A dog can also be declared a restricted dog by an authorised officer of a local council. |
| Organisation | Fee |
|---|---|
| Pound fees | If your animal is seized or surrendered under the Companion Animals Act 1998 (NSW) and it is held at the pound, you will have to pay a release fee and any maintenance charges. The pound will usually require you to pay these fees from you before the animal is released. |
| Animal keeping fees | If an animal you own has been taken under the Public Spaces (Unattended Property) 2021, an Authorised Officer or private landowner (whoever took the animal) can claim the fees and charges from you before the animal is released. |
| Dangerous dog declaration | You have to pay a fee to appeal a dangerous dog declaration to the Local Court - see Filing an application notice under Part 4 of the Local Court Act 2007 on the Fees page on the Local Court website. If you can't pay this fee, you may be able to apply for the fee to be postponed or waived - see Application to waive or postpone a fee on the Fees page on the Local Court website. You have to pay a fee to ask for a review of the fees and charges at the NSW Civil and Administrative Tribunal (NCAT) - see Fees at NCAT on the NCAT website. If you can't pay this fee, you may be able to apply for a reduced or concession fee - see Reduced fees and fee waivers on the NCAT website. |
| Organisation | Forms |
|---|---|
| Dangerous dog declaration appeal | To appeal a dangerous dog declaration see Application Notice to the Local Court - General on the Forms page on the Local Court website. |
| Seizure or possession of animal | To apply for a review of fees and charges associated with seizure or possession of your animal see NCAT - General application form on the Forms page on the NSW Civil and Administrative Tribunal website. |
| Organisation | Type | Costs |
|---|---|---|
| NSW Civil and Administrative Tribunal (NCAT) | Legal costs | NCAT will only make cost orders in limited circumstances. In most cases, each party will be responsible for their own legal costs. |
| NSW Local Court | Expenses incurred as a result of keeping an animal safe | If you have incurred expenses as a result of keeping an animal safe, either under the Public Spaces (Unattended Property) Act 2021 (NSW), or under the Companion Animals Act 1998 (NSW) you can recover costs for keeping the animal or property through the Local Court. |
| NSW Local Court | Legal costs | The Court can make costs orders against the unsuccessful party in proceedings to dispute a dangerous dog declaration. |
More services
NSW Local Councils
Find your local council through the Office of Local Government search function.
Our resources
More resources
- Community Justice Centres
- Law Society NSW: Animal Law Guide
- NSW Environment Protection Authority: Dealing with barking dogs
- NSW Office of Local Government: Dogs and Cats
- NSW Government: Public Spaces Unattended Property Laws
Last updated: December 2024