Subordinate Local Law No. 1.5 (Keeping of Animals) 2011
Contents
2 Purpose and how it is to
be achieved
Part 2 Approval
for prescribed activity
6 Approvals that are
non-transferable—Authorising local law, section
15(2)
Schedule 2 Categories
of approval that are non-transferable.
Part 1 Preliminary
This subordinate local law may be cited as Subordinate Local Law No. 1.5 (Keeping of Animals) 2011.
2 Purpose and how it is to be achieved
(1) The purpose of this subordinate local law is to supplement Local Law No. 1 (Administration) 2011 which provides for a legal and procedural framework for the administration, implementation and enforcement of the local government’s local laws, subordinate local laws and other regulatory powers, and for miscellaneous administrative matters.
(2) The purpose is to be achieved by providing for—
(a) various matters regarding the granting of approvals for prescribed activities; and
(b) further specification of the definitions relevant to various prescribed activities.
(3) In particular, the purpose of this subordinate local law is to supplement the legal and procedural framework for the prescribed activity named in schedule 1, section 1.
The making of the provisions in this subordinate local law is authorised by Local Law No. 1 (Administration) 2011 (the authorising local law).
(1) Particular words used in this subordinate local law have the same meaning as provided for in the authorising local law.
(2) The dictionary in schedule 3 defines particular words used in this subordinate local law.
Part 2 Approval for prescribed activity
5 Matters regarding the prescribed activity—Authorising local law, sections 6(3), (4), 8(2)(a), 9(1)(d), 10(3), 12, 13(a), 14(1)(a)
(1) Schedule 1—
(a) names a prescribed activity in section 1; and
(b) prescribes the matters specified in this section for the prescribed activity.
(2) For section 6(3) of the authorising local law, it is declared that section 6(2) of the authorising local law does not apply to the particular activities stated in section 2 of schedule 1.
(3) For section 6(4) of the authorising local law, it is declared that the prescribed activity named in section 1 of schedule 1 is a category 1 activity.
(4) For section 8(2)(a) of the authorising local law, the documents and materials that must accompany an application for approval for the prescribed activity are stated in section 3 of schedule 1.
(5) For section 9(1)(d) of the authorising local law, the local government may only grant an approval for the prescribed activity if it is satisfied the proposed operation and management of the activity would be consistent with the additional criteria prescribed in section 4 of schedule 1.
(6) For section 10(3) of the authorising local law, the conditions that must be imposed on an approval for the prescribed activity are stated in section 5 of schedule 1.
(7) For section 10(3) of the authorising local law, the conditions that will ordinarily be imposed on an approval for the prescribed activity are stated in section 6 of schedule 1.
(8) For section 13(a) of the authorising local law, the term of an approval for the prescribed activity is provided for in section 7 of schedule 1.
(9) For section 14(1)(a) of the authorising local law, the further term for renewal or extension of an approval for the prescribed activity is provided for in section 8 of schedule 1.
(10) For section 12 of the authorising local law, in Table 1 of schedule 1—
(a) column 1 lists the application requirements for which the local government may accept as evidence the certificate of a third party certifier; and
(b) column 2 lists the individuals or organisations that are declared to be third party certifiers for the corresponding application requirement in column 1; and
(c) column 3 lists the qualifications that are necessary for an individual or organisation to be a third party certifier for the corresponding application requirement in column 1.
6 Approvals that are non-transferable—Authorising local law, section 15(2)
For section 15(2) of the authorising local law, it is declared that the categories of approval listed in schedule 2 are non-transferable.
Section 5
1. Prescribed activity
Keeping of animals.[1]
2. Activities that do not require an approval
under the authorising local law
The keeping of animals at an animal entertainment park or an animal sanctuary.
3. Documents
and materials that must accompany an application for an approval
(1) An application detailing—
(a) the species, breed, age and gender of each animal for which the approval is sought; and
(b) the number of animals to be kept; and
(c) the nature of the premises at which the animal or animals are to be kept; and
(d) the area, or the part of the area, in which the animal or animals are to be kept; and
(e) the materials out of which any enclosure in which the animal or animals to be kept is (or is to be) constructed and any other details of the enclosure; and
(f) the location of the enclosure on the premises; and
(g) the name of each person who is to occupy any residence located on the premises on which the animal or animals are to be kept.
(2) Proof that the applicant currently holds any development approval relating to the prescribed activity that is required under the Sustainable Planning Act 2009.
(3) If the applicant is not the owner of the premises on which the animal or animals are to be kept — the written permission of the owner of the premises to the keeping of the animal or animals on the premises.
(4) Where the animal or animals are to be kept on multi-residential premises and the keeper of the animal or animals is entitled to make use of an area used in common with others (a common area) for the purpose of keeping the animal or animals — the written permission of the person or body which manages or controls the common area to use the common area for the purpose of keeping the animal or animals.
(5) If an animal the subject of the application is required to be registered under the Animal Management Act — evidence that the animal is currently registered with the local government.
(6) A drawing showing the design and dimensions of any enclosure in which the animal or animals are to be kept.
4. Additional criteria for the granting of
an approval
(1) Whether the premises on which the animal or animals are to be kept is appropriately sized so that the animal or animals can be effectively and comfortably kept on the premises.
(2) Whether a residence exists on the premises.
(3) Whether a proper enclosure is maintained on the premises in accordance with the requirements of Local Law No. 2 (Animal Management) 2011.
(4) Whether the applicant for the approval or some other suitable person to supervise the animal or animals will be resident on the premises on which the animal or animals are to be kept.
(5) Whether the animal or animals will be properly supervised.
(6) If the application relates to the keeping of dogs or cats — whether the animals identified in the application are registered with the local government.
(7) If section 14 of the Animal Management Act applies to the applicant for the approval — whether the applicant has complied with the requirements of the section.
(8) Whether the applicant is a suitable person to hold the approval.
(9) Whether the grant of the approval for the prescribed activity on the premises is likely to —
(a) cause nuisance, inconvenience or annoyance to occupiers of adjoining land; or
(b) affect the amenity of the surrounding area; or
(c) have a deleterious effect on the local environment or cause pollution or other environmental damage.
(10) If the application relates to the keeping of cats —
(a) whether the cats have been desexed; and
(b) whether the cats have been fitted with an approved microchip.
(11) If the application relates to the keeping of an animal or animals on multi-residential premises —
(a) whether the applicant is entitled to make use of a common area; and
(b) whether the applicant has exclusive possession and control of the whole or a part of the common area for the purpose of keeping the animal or animals; and
(c) whether the applicant has the written permission of the person or body which manages or controls the common area to use the common area, or a part of the common area, for the purpose of keeping the animal or animals.
(12) Where the animal or animals are to be kept on premises other than multi-residential premises and the applicant is not the owner of the premises — whether the applicant has the written permission of the owner of the premises to keep the animal or animals on the premises.
(13) Whether the applicant has been refused a similar type of approval by the local government or another local government.
5. Conditions that must be imposed on an
approval
No conditions prescribed.
6. Conditions that will ordinarily be
imposed on an approval
(1) The conditions that will ordinarily be imposed on an approval to keep dogs on premises are—
(a) a condition requiring that the approval holder take all reasonable steps to prevent the dogs from making a noise or disturbance that causes a nuisance or disturbance to the occupiers of other premises; and
(b) a condition requiring that the approval holder ensure that any enclosure in which the dogs are kept is properly drained and that run-off is kept off adjoining premises; and
(c) a condition requiring that the approval holder ensure that excreta, food scraps and other material that is, or is likely to become, offensive is collected daily and, if not immediately disposed of, is kept in a waste container of a kind approved by an authorised person; and
(d) a condition requiring that the approval holder ensure that any enclosure in which the dogs are kept is maintained in—
(i) a clean and sanitary condition and disinfected regularly; and
(ii) an aesthetically acceptable condition; and
(e) a condition limiting the approval to the dogs identified in the approval.
(2) The conditions that will ordinarily be imposed on an approval to keep cats on premises are—
(a) a condition requiring that each cat be fitted with an approved microchip; and
(b) a condition limiting the approval to the cats identified in the approval; and
(c) a condition requiring the approval holder to—
(i) desex each cat within 3 months of the issue of the approval if the cat is aged 6 months or over; and
(ii) otherwise, desex each cat within 3 months after the cat reaches 6 months of age; and
(iii) produce to the local government evidence, by way of, for example, a statutory declaration, that the cat has been desexed.
(3) The conditions that will ordinarily be imposed on an approval to keep an animal (other than a dog or a cat) are—
(a) if minimum standards for the keeping of the species or breed of the animal are prescribed in schedule 5 of Subordinate Local Law No. 2 (Animal Management) 2011—the animal must be kept in accordance with the minimum standards for the species or breed of animal prescribed in schedule 5 of Subordinate Local Law No. 2 (Animal Management) 2011; and
(b) if the approval relates to the keeping of 1 or more animals and the animal or animals are identified in the approval—a condition limiting the approval to the animal or animals identified in the approval.
7. Term of an approval
(1) The term of an approval must be determined by the local government having regard to the information submitted by the applicant.
(2) The term of the approval must be specified in the approval.
(3) An approval may be granted for a term of up to 1 year.
8. Term of renewal of an approval
(1) The term for which an approval may be renewed or extended must be determined by the local government having regard to the information submitted by the approval holder.
(2) The term for which an approval may be renewed or extended must not exceed 1 year.
(3) If the local government grants the application, the local government must specify in the written notice, the term of the renewal or extension.
Table 1 –
Third party certification
|
Column 1 Application requirement |
Column 2 Individuals or organisations that are third party certifiers |
Column 3 Qualifications necessary to be a third
party certifier |
|
No application requirements stated. |
|
|
Schedule 2 Categories of approval that are non-transferable
Section 6
Every approval for the prescribed activity named in schedule 1, section 1 is non-transferable.
Section 4
animal has the meaning given in Local Law No. 2 (Animal
Management) 2011.
animal entertainment park means a
public place which includes, as part of its entertainment, the exhibiting of
animals for the amusement or entertainment of the public.
Animal Management Act see Animal Management (Cats
and Dogs) Act 2008.
animal sanctuary means a park, reserve or
other place used for the preservation, protection or rehabilitation of animals.
approved microchip (for
an animal)—
(a) means a microchip which—
(i) is capable of being read by the local
government’s microchip reader; and
(ii) bears
and electronic code which permanently identifies the animal for identification
purposes; and
(b) includes a permanent identification device.
common area has the meaning given in
schedule 1, section 3(4).
development approval has the
meaning given in the Sustainable Planning Act 2009.
multi-residential premises has the
meaning given in Subordinate Local Law No. 2 (Animal Management) 2011.
owner (of an animal) has the
meaning given in Local Law No. 2 (Animal Management) 2011.
owner (of land) includes—
(a) the registered proprietor of freehold land; and
(b) the purchaser of land to be held as freehold land that is being purchased from the State under an Act; and
(c) the holder of a leasehold interest from the State; and
(d) the holder of a mining claim or a mining lease to which the Mineral Resources Act 1989 applies; and
(e) another person who is entitled to receive the rent for the land.
owner (of premises)
means the person for time being entitled to receive the rent for the premises
or who would be entitled to receive the rent for it if it were let to a tenant
at a rent.
permanent identification device
has the meaning given in the Animal Management Act.
premises has the meaning given in Subordinate Local Law No.
2 (Animal Management) 2011.
proper enclosure has the meaning given in Local Law No. 2 (Animal
Management) 2011.
public place has the meaning given in Local Law No. 1
(Administration) 2011.
registered has the meaning given in
the Animal Management Act.
residence has the meaning given in Subordinate Local Law No.
2 (Animal Management) 2011.
waste has the meaning given in
the Environmental
Protection Act 1994.
[1] See Local Law No. 1 (Administration) 2011, schedule 2, part 2, keeping of animals means the keeping of an animal or animals for which an approval is required under Local Law No.2 (Animal Management) 2011.