Sometimes it might not be easy to work out who an owner is, or there might be more than one owner of an animal.
Under the Companion Animals Act 1998 (NSW), the owner of a dog or cat is any person who:
If there is a dispute over an animal because of a relationship breakdown, get legal advice about your circumstances.
In all other situations, if there is a dispute over ownership of an animal you could consider:
If you are involved in a dispute about who owns an animal, you can:
You must pay for an annual permit to own a dog that is:
If you don’t get a permit, you may be guilty of an offence.
You must still register your dog by six months of age.
If you buy a cat after 1 July 2020, you must desex your cat by four months of age or you will need to purchase an annual permit to own your cat. If you don't, you may be committing an offence.
You may be exempt from purchasing a permit if:
You still need to register your cat by six months of age.
A dog must be on a leash, chain or cord when in a public place, unless it is in a specific off-leash area. A dog must also have a collar and name tag. The tag must have the dogs name, as well as the address or phone number of the owner.
You can be fined if your dog, or a dog under your control, is not on a leash, unless the dog is:
You can also be fined if your dog does not have a collar and tag. For some breeds, there are additional requirements, for example, some breeds have to be muzzled unless an exemption applies.
If you have more than four dogs in public, you can't be considered to have effective control of the dogs, regardless of whether they are on a leash or not.
If you have received a fine for not having your dog on a leash in a public place, or because your dog did not have a collar and/or tag, see Types of fines on the My problem is about section of our website.
If you want to dispute the fine, you should get legal advice.
There is no law against a child walking a dog, although the dog must be under the effective control of a competent person by being secured by a leash, chain or cord when in a public place.
If a dog is not on a leash or under the effective control of a competent person, a fine may be issued. This fine can be issued to the owner. If the owner was not present and the dog was in control of another person who is over 16, that person can be fined instead.
The owner of a dog, or the person who has control over the dog if they are over 16, must immediately remove and dispose of dog faeces (poo). If you don't, you can be fined.
An exception applies for assistance animals where the animal is assisting a person with a disability, if the persons disability would make it impractical for them to dispose of the faeces.
When travelling with a dog in your vehicle, you must have proper control of the vehicle. This means that you are not allowed to have the dog on your lap.
Additionally, you must not carry a dog in the back of a moving vehicle on a public street, for example in the back of a ute, unless the dog is restrained or enclosed to prevent it from falling from the vehicle.
You may be fined and/or accumulate demerits if you don't follow these rules. If you have received a fine and need help deciding how to respond, see Types of fines on the My problem is about section of our website.
If you want to dispute the fine, you should get legal advice.
The owner of a dog must take all reasonable precautions to prevent a dog from escaping from the property where it is kept. For example, this may include ensuring that there is adequate fencing to secure the dog in the yard.
If you have received a fine and need help deciding how to respond, see Types of fines on the My problem is about section of our website.
If you want to dispute the fine, you should get legal advice.
You should check any rules or policies that apply to the restaurant, café or eating area if you want to take your dog with you. The owner of the premises may have rules that exclude animals.
If the owner of the premises allows dogs, they can only be in the part of the restaurant or café that is the outdoor dining area, usually an area that is not enclosed. The outdoor dining area is generally an area that the public can directly access without having to pass through a section of the restaurant or café. It does not include any area where food is prepared.
When the dog is in an outdoor dining area and the area isn't a leash free area, it must be kept on the ground and under the effective control of a person, for example, by a chain or leash. The dog is not allowed to be fed in that area.
The rules are different for off leash outdoor dining areas and for assistance dogs.
If you have a problem with a dog or cat in your area, for example, a dog barks a lot, or a cat is repeatedly causing damage to your property, you can:
For more information, see Dealing with barking dogs on the NSW EPA website and Animals on the My problem is about section of our website.
If a complaint has been made to your local council about your dog barking, the council can investigate the matter to determine if the barking unreasonably interferes with the peace, comfort and convenience of others. It may write to you to notify you that a complaint has been made.
You should consider whether the barking is a problem, and if so, whether there are any steps you can take to control or stop the problem from continuing. For example, more exercise for your dog, securing your dog in a restricted area of your yard or professional training. How you deal with the situation will depend on your individual circumstances and whether you agree the barking is a problem.
If the barking unreasonably interferes with the peace, comfort and convenience of others, and you haven't been able to resolve the problem, the local council can issue you with a nuisance dog order and fine you if you don't follow the order.
A nuisance dog order is an order made by a local council that a dog is a nuisance dog.
A local council has power to make a nuisance dog order in certain circumstances, for example, if a dog:
A local council must give the owner of the dog a notice before they issue a nuisance dog order that states:
If a nuisance dog order is made, it will stay in place for six months.
For more information, see Animals on the My problem is about section of our website.
If you want to object to the proposed order, you should get legal advice.
A nuisance cat order is an order made by a local council that a cat is a nuisance cat.
A local council has power to make a nuisance cat order in certain circumstances, for example, if a cat:
A local council must give the owner of the cat notice before they issue a nuisance cat order that states:
If a nuisance cat order is made, it will stay in place for six months.
For more information, see Animals on the My problem is about section of our website.
If you want to object to the proposed order, you should get legal advice.
If the local council makes a nuisance dog or cat order, the order can specify certain requirements for the owner to comply with, for example, that the cat or dog be prevented from making noise at certain times.
Before a nuisance dog or cat order is made, you have to be given notice about the proposed order. You have 7 days from when you receive notice to object to the proposed nuisance dog order or nuisance cat order.
You can object:
It is generally best to put your objections in writing. You should include any information you think is relevant as to why your dog or cat is not a nuisance, and why it is not necessary for a nuisance dog order or nuisance cat order to be made.
For more information, see Animals on the My problem is about section of our website.
If you aren't sure what to include, you should get legal advice.
If the order is made, you can't appeal or apply for a review of the order.
If a nuisance dog order or nuisance cat order has been made, there is no legal right to appeal or review the order.
A local council can issue a fine against you if you breach a nuisance dog or cat order.
If you receive a fine for breach of a nuisance dog or cat order you may have options.
For more information, see Types of fines on the My problem is about section of our website.
If you or your pet (other than vermin, such as a rat or mouse) have been bitten or attacked by another person's dog, you can:
If you haven't seen a doctor and were injured, it is a good idea to get medical attention. If your pet has been injured, it is also a good idea to get them veterinary attention. This may help if you decide to pursue a claim later on.
Generally, you have three years to start a court case for personal injury compensation. You have six years to start a court case to recover the cost of injury to your animal. If you or your pet were injured and you want to claim compensation, you should get legal advice.
For more information, see Animals on the My problem is about section of our website.
If your dog has chased, bitten or attacked a person or animal, the victim or owner of the animal may report the matter to the local council or police.
Depending on the circumstances:
If there are proceedings being heard in the Local Court, for example, criminal charges, the Local Court also has power to declare your dog as dangerous or menacing.
In addition, the victim or owner of the animal affected may ask you to pay compensation for the injury to their animal.
For more information, see Animals on the My problem is about section of our website.
If your dog attacked another dog, you may be liable to the owner of the other dog for vet bills and the cost of medication or other treatment needed for the dog's injuries. The owner may claim compensation:
If the other owner asks you to pay for vet bills and you don't think you should have to pay, you should get legal advice.
For more information, see Animals on the My problem is about section of our website.
If your dog was attacked by another dog, in most cases you can ask the owner of the other dog to pay for vet bills and the cost of medication or other treatment.
If the police charge the owner with a criminal offence, you may be able to claim compensation as part of the criminal proceedings against the owner.
If the owner of the other dog refuses to pay for vet bills, you should get legal advice about your claim.
If a dog attacks, bites, chases, harasses or injures a person or animal, the owner of the dog or the person in charge of the dog at the time may be fined or charged with an offence under the Companion Animals Act 1998 (NSW).
In cases where a person causes a dog to inflict injury, for example, where an owner of a dog deliberately incites the dog to attack a person or animal, the owner can be charged with a more serious offence under the Crimes Act 1900 (NSW).
A dangerous dog is a dog that a local council or the Local Court has declared to be dangerous. A dog can be declared dangerous if it:
In serious cases, if a dog has severely attacked a person or animal, action may be taken for the dog to be destroyed (put down).
For more information, see Animals on the My problem is about section of our website.
A menacing dog is a dog that a local council or the Local Court has declared menacing. A dog can be declared menacing if:
For more information, see Animals on the My problem is about section of our website.
A dog might be considered to have been provoked if it is angered, annoyed or challenged in some way, for example:
The police may be able to fine or charge you if your dog rushes at, attacks, bites, harasses or chases another person or animal (other than vermin like rats or mice), regardless of whether there were any injuries.
It is not an offence if your dog behaved this way in some circumstances, for example, if your dog was being attacked or protecting you.
If you have received a fine and want to know how you can respond, see Types of fines on the My problem is about section of our website.
If you have been charged with a criminal offence and have to go to court, get legal advice before your court date.
In addition to hearing the criminal charges, the Local Court also has power to make a dangerous dog or menacing dog declaration.
If the local council believes your dog is dangerous or menacing, the council may take steps to have your dog declared as dangerous or menacing. The council must give you written notice stating:
If you decide to object, the council must consider your objection before making its decision.
If it decides to make a declaration that your dog is dangerous or menacing, you will have strict legal obligations to follow.
For more information, see Declared Dangerous and Menacing Dogs on the NSW Office of Local Government website.
For more information, see Animals on the My problem is about section of our website.
If the local council gives you written notice that it intends to declare your dog as a dangerous or menacing dog, you can object in writing to the council within seven days of when you are given notice.
In your letter, you should include:
You should get legal advice if you aren't sure what to include.
For more information, see Animals on the My problem is about section of our website.
It may be helpful to get your dog's behaviour assessed by a specialist. This might assist if you are objecting to the local council's notice to declare your dog as dangerous or menacing, or if you are disputing a dangerous dog declaration in the Local Court.
You can find a behavioural assessor for your dog by doing a search on the internet, asking your vet or looking in the yellow pages.
A reputable assessor will generally have qualifications in dog behaviour and training.
You will need to pay for this service.
If your local council declares your dog as dangerous or menacing, you will have strict legal obligations placed on you.
For more information, see Companion Animal Law Guide New South Wales.
You have 28 days from when the declaration was made to file an appeal in the Local Court against the local council's declaration that your dog is dangerous. You can't appeal a declaration that your dog is menacing.
For more information, see Animals on the My problem is about section of our website.
If your dog is declared dangerous, you must:
Not following these rules is an offence and you could be charged or fined. In some cases, your dog could be seized.
If you get a fine or are charged with an offence and have to go to court, you should get legal advice.
If you have a dog that has been declared menacing, you must:
It is an offence if you don’t follow these rules. You could be fined, charged with an offence, and your dog could be seized.
If you get a fine or are charged with an offence and have to go to court, you should get legal advice.
If you have received notice that the council intends to declare your dog menacing, you have seven days from when you were given the notice to object in writing.
If the local council has made a declaration that your dog is menacing, you do not have a right of appeal.
After a menacing dog declaration has been in place for 12 months, you can apply to the local council to revoke the declaration.
If the local council does not revoke the declaration, there is no right to appeal this decision.
If you have received notice that the council intends to declare your dog as dangerous, you have seven days from when you were given the notice to object in writing.
If the local council has made a declaration that your dog is dangerous, you have 28 days from when the declaration was made to file an appeal in the Local Court against the declaration that your dog is dangerous.
After a dangerous dog declaration has been in place for 12 months, you can apply to the local council to revoke the declaration.
If the local council refuses to revoke a dangerous dog declaration, you have 28 days from the refusal to file an appeal in the Local Court. This right of appeal does not apply if the local council refuses to revoke a menacing dog declaration.
If you want to apply to the Local Court to dispute a dangerous dog declaration you will need to file an Application Notice - General and pay a fee.
For a copy of the form, see Forms on the Local Court website.
Before applying to the Local Court, you should get legal advice.
If you have filed an application to dispute a dangerous dog declaration, you will be sent a notice telling you when you need to attend court. The local council will also be sent a notice.
The first court date is called a mention. The local council will usually have a representative or lawyer there on their behalf. At the mention a Registrar can:
At the hearing, you will get an opportunity to present your case. This will usually involve making submissions about why you believe that your dog shouldn't be declared dangerous and having evidence to support your case.
After the hearing, the Local Court will decide whether to:
The Local Court also has power to make a control order or destruction order.
Before going to court you should get legal advice. A lawyer can talk to you about how to prepare for your hearing.
A control order is an order made by the Local Court that requires you to take certain action to prevent or reduce the chance of your dog causing injury or attacking a person or animal. For example, a control order could include a requirement to:
A control order can be made:
A destruction order can be made if the Local Court isn't satisfied that a control order, or the permanent removal of a dog from their owner is sufficient to protect the public from any threat posed by the dog.
A destruction order must be made by the Local Court if an owner of the dog is convicted of an offence involving the serious injury or death of a person caused by the dog, unless there are exceptional circumstances.
It is an offence if you don't comply with (follow) a control or destruction order. You could be fined or charged with an offence.
There are certain situations where a decision may be made to put your dog down, for example:
If you are concerned that your dog may be put down, you should get legal advice.
Restricted dogs include:
For more information, see Animals on the My problem is about section of our website.
If you own a restricted dog, you must:
It is an offence if you don’t follow these rules. You could be fined, or your dog could be seized.
If you get a fine or are charged with an offence and have to go to court, you should get legal advice.
If the local council has given you a notice of intention to declare your dog restricted, you can object by showing that your dog is not a breed or kind listed as restricted. You have 28 days to object and there are two ways you can do this.
The first way is to provide the council with a written statement from an approved breed assessor. This statement must say that:
The second way is to provide the council with:
You are responsible for the costs of getting statements from breed and temperament assessors.
Once you have objected, council will tell you within seven days whether or not they have declared your dog restricted.
You can’t appeal the decision of a council to declare your dog restricted.
If someone else's animal damages your property, you should get legal advice.
Animal cruelty could include:
For more information, see Animals on the My problem is about section of our website.
If you believe an animal is being neglected or mistreated, you can:
If you have concerns about an animal that does not belong to you, you can contact the RSPCA. The RSPCA have inspectors that can investigate animal cruelty offences. They also have the power to enter property, seize animals, issue fines and notices. They can prosecute someone if they have committed a criminal offence, for example, an animal cruelty offence.
For more information, see Our role in enforcing the law on the RSPCA website.
Generally, it is an offence to:
There are also a number of other animal cruelty offences in the legislation.
If the police or RSPCA believe you have committed an offence, they may consider charging you with a criminal offence. You should get legal advice if you have concerns about this, or if you have to attend court.
If an animal cruelty offence is committed in a domestic relationship, the offender can also be charged domestic violence related offences.
The penalties for animal cruelty offences are very serious and includes fines, and in serious cases, imprisonment.
Legal Aid NSW has policies about when aid is available for Local Court criminal matters including animal cruelty offences.
If you want legal aid for representation in court, you should speak to the Legal Aid lawyer at court or apply for a grant of legal aid by filling out an application form.
Legal Aid NSW applies a means test that looks at your income and assets. You can use the Means test indicator on the Ways to get help section of our website to see if you might pass the means test.
Legal Aid NSW may grant aid if you meet the means test and there is a real possibility of a jail sentence or there are exceptional circumstances. Legal Aid is not available for Local Court defended hearings where they believe the defence is frivolous or has no possible prospects of success.
For more information, see A-Z guide to policies on the Policy Online section of our website.
The Court can make disqualification orders prohibiting a person from owning or taking care of an animal if they believe that the person may commit an act of animal cruelty.
In some circumstances if you are found guilty of certain serious animal cruelty offences, the Court must make a disqualification order.
It is a criminal offence if you don't follow a disqualification order and the animal could be seized.
If you are charged with not complying with a disqualification order, or your animal has been seized, you should get legal advice.
Even if the Court didn't make a disqualification order, it is an offence for a person who has been convicted of some animal cruelty offences to:
If you are charged with an animal cruelty offence and are unsure whether you are allowed to own, breed or work with animals, you should get legal advice.
If you find a stray animal, like a cat or dog, you can't just keep it.
If you find the animal in a public place, you can contact the relevant local council to report it, or take the animal to a local vet or pound to see if they can contact the owner (by checking the animal's microchip and/or registration).
If no owner can be found, or no one comes to collect the animal, the pound or shelter may put the animal up for adoption. You may be able to purchase the animal.
If the animal has come on to your private property, your options for dealing with the animal will depend on what type of animal it is and whether the Public Spaces (Unattended Property) 2021 (NSW) applies to your situation.
For more information, see Animals on the My problem is about section of our website.
Your options will depend on what type of animal it is. If it is an animal other than a domestic dog or cat you may be able to take possession of it for the purposes of identifying its owner and notifying an authority under the Public Spaces (Unattended Property) Act 2021 (NSW).
The Public Spaces (Unattended Property) Act 2021 (NSW) doesn't apply to cats or dogs, unless a dog is in a national park.
In emergency situations, authorised officers may take possession of unattended stock and secure them on private land. You should contact the authorised officer.
For more information, see Animals on the My problem is about section of our website.
If a stray dog comes on to your property, you can:
Cats are not required to be secured on their owner's property or on a lead the way dogs are.
If a cat comes on to your property, you can catch the cat if that action is reasonable and necessary for the protection of any person or animal (other than vermin like rats or mice) from injury or death. After you have caught the cat you must return it to the owner or take it to the pound or local council as soon as possible.
If a cat is causing a nuisance, you can talk to your local council about a nuisance order.
For more information, see Animals on the My problem is about section of our website.
If you have taken possession of an animal and you know the owner of the owner of the animal, you must:
If you don't know who the owner is, and can't easily find this information out, you must take the animal to a place of care within 48 hours.
You have a legal obligation to provide the animal with food, water and veterinary care, if needed. You should also ensure it is kept in a clean and secure place, and that it has shade if needed. You have a legal right to claim the cost of these expenses from the owner of the animal.
For more information, see Animals on the My problem is about section of our website.
If your stock has strayed onto another person's private property, the Public Spaces (Unattended Property) Act 2021 (NSW) may apply. If the person takes possession of your stock, they have a legal obligation to:
Once with an authorised officer, they may take the animal to a place of care, return the animal to you, or destroy the animal in certain circumstances.
In emergency situations, an Authorised Officer may arrange for stray stock to be kept on any practical premises until the emergency is over.
The person or authority can legally recover from you any fees or charges they have incurred whilst keeping the animal, for example, the cost of providing certain food or veterinary care.
For more information, see Animals on the My problem is about section of our website.
Fees or charges are the costs that can be recovered by an authorised officer or private person from the owner of an animal seized.
These costs are different to the fees charged by a local council if a dog or cat is held in the pound, for example, in cases where a lost dog is kept at a pound until the owner claims it.
If a person or authority who seized the animal is trying to recover the fees or charges from you, you can:
If you want to apply to NCAT for an administrative review you have 28 days from the date on which you applied for the release of the seized animal to file your application. You should get legal advice about your situation.
If you believe the fees or charges have been miscalculated or are excessive, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for an administrative review.
Before you apply to NCAT, you should consider negotiating with the other party or trying mediation at a Community Justice Centre. If the dispute can't be resolved, you must give the other party notice of your intention to apply to NCAT before making the application. This notice must be in writing and served personally or by post.
If you want to apply to NCAT for an administrative review you have 28 days from the date on which you were notified of the posession of the animal to file your application.
To apply you need to complete and file a General Application form with the Administrative and Equal Opportunity Division of NCAT. You will also have to pay a fee, although you can ask for a reduction or waiver of this fee in certain circumstances.
For more information, see Forms, Fees at NCAT and Reduced fees and waivers on the NCAT website.
You should get legal advice about applying to NCAT.
If a council officer, or another authorised officer, finds a stray cat or dog in public, the officer will take the animal to the nearest pound. The owner will be contacted, usually by telephone first, but then in writing. If, however, the animal is not microchipped or registered, it may be difficult for the owner to be notified. After a period of time, the pound may have a right to sell or destroy the animal if it is not claimed.
Before putting down a cat or dog, a council must:
If the dog is claimed by its owner, the pound has a legal right to recover their fees and charges. If you can't afford these fees and charges, get legal advice about your situation.
If your dog or cat has been seized or surrendered, the pound has a legal right to recover fees and charges, including a release fee or maintenance charges. They usually won't release the dog until the fees and charges are paid.
Your options include:
If you don't pay the fees or charges, or are unable to negotiate the release of the dog within a certain timeframe, the pound may have a right to sell or destroy the dog. You should get legal advice if you have concerns about this.
If your animal is taken by someone else without your permission, you can contact the police to report that it has been stolen.
If there is a dispute over who owns the animal, the police may not be able to help you.
If you are unsure whether your animal has been stolen, or there is a dispute over who owns an animal you should get legal advice.
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.
There is no legal requirement for an agistment agreement or contract to be in writing. However, it is preferable to have a written agreement that outlines:
If the agistment fees are not paid it may be a breach of the agreement.
If you are involved in a dispute about agistment and fees, you can go to mediation at a Community Justice Centre to resolve the dispute.
In some circumstances, the owner of the land where the animal was agisted may consider court action to recover the fees they are owed.
You should get legal advice about your situation.
Unless an agistment agreement states otherwise, the owner of the land where an animal is agisted does not have a legal right to keep the animal until outstanding fees are paid.
A vet practice can have policies that specify when they will and won't provide services, including policies that insist on upfront payments. In some cases, they may insist on an upfront payment to ensure that some or all of their costs are covered if the treatment is likely to be costly.
A vet has a legal right to hold on to your animal until you pay the bill. This is called a lien. It's a legal right to keep your animal until the debt you owe is paid.
If you can't afford to pay the bill, you could negotiate a payment arrangement. If you are disputing the bill, or are unable to pay the full amount, get legal advice about your options.
If you have a complaint about a vet, you can report it to the Veterinary Practitioners Board of New South Wales (VPB).
For more information, see Consumer information on the VPB website.
If you believe a vet has been negligent or that their service was unsatisfactory, you may have rights under the Australian Consumer Law (ACL).
For more information about consumer problems, see the Consumer law topic.
Last updated: August 2023