Rural & Animal
5. Nuisance Animals
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 25 Aug 2015
- If you own an animal it is your responsibility to ensure that it does not cause a nuisance to others.
- A dog that is not vicious can still be a nuisance under most state and territory legislation if it:
- often wanders away from home or is ‘habitually at large;’
- makes a noise that unreasonably interferes with the peace, comfort or convenience of a person in other premises;
- repeatedly defecates on private property other than the premises where it is kept;
- repeatedly chases a person, vehicle or animal other than in the course of stock work;
- endangers the health of a person or animal other than in the course of stock work; or
- repeatedly causes substantial damage to property outside the location where it is kept.
- A cat can be declared a nuisance animal if it:
- makes a persistent noise that unreasonably interferes with the peace, comfort or convenience of a person in other premises; or
- repeatedly damages property outside the premises where it is normally kept.
- If you are dealing with a nuisance animal in your neighbourhood there are procedures in place to have the animal declared as a nuisance animal. In NSW the procedure is as follows:
- you will first need to notify your local council;
- a council officer will issue the owner with a notice of intention that lets them know that the council intends to issue a nuisance order. This notice of intention must mention the actions that will be required in the proposed nuisance order. The owner must be given 7 days to object before it is issued;
- if the owner makes an objection the council officer must consider this before issuing the order. Otherwise after seven days the order will be issued; and
- a nuisance order for a cat or dog must specify the particular nuisance behaviour to be addressed or prevented.
- There is no avenue for appeal of a nuisance order. The order will remain in force for 6 months and you must comply with it as an order of the court.
- Where noise is the problem the police may issue a noise abatement direction to cease making the noise. The owner will need to take steps to stop the noise being made. The direction remains in force for up to 28 days and there is no appeal.
- You need to check the relevant legislation in your state and territory as the rules are different in each jurisdiction.
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