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1. Preamble I 2. Aims I 3. Scope I 4. What are the responsibilities of the animal owner I 5. What are Council's powers and responsibilities I 6. How does Council give orders I 7. What else do I need to know I 8. Definitions I
Dogs, cats and other animals are kept by residents of the Rockdale Council area usually without difficulty. The keeping of animals can be very rewarding for both animals and humans.
Occasionally a nuisance arises caused by the keeping of animals which results in complaints being lodged with Council.
To assist residents, Council has developed this Policy for the keeping of animals for domestic purposes under Section 159 of the Local Government Act, 1993. It is not intended to completely regulate the manner in which animals are kept, but rather to guide residents with some reasonable limits on maximum number and circumstances under which certain animals may be kept in the interests of amenity and public health.
- To establish a Policy for the keeping of animals for domestic purposes, in particular:
- To minimise local nuisance and maximise residential amenity.
- To ensure that the keeping of animals does not compromise minimum standards of public health.
- To provide information about relevant Regulations and Regulatory bodies.
- To state Council's Policy and recommendations about the keeping of animals.
This policy applies to premises upon which animals are kept for domestic reasons, including for pets, and other similar interests.
This policy does not apply to the keeping of animals for business or commercial purposes where the prior Development Consent of Council is required.
Do not keep an inappropriate number of animals in relation to the size and nature of the premises.
- Only keep a kind of animal that is suitable for your premises. Extra care is needed in selecting an animal
for a home unit and high rise dwellings - check with the owner or Secretary of the Body Corporate.
- To keep animals under conditions that do not:
- Create unsanitary or unhealthy conditions
- Attract vermin
- Create offensive noise or odours
- Cause a drainage nuisance
- Create an unreasonable annoyance to neighbouring residents.
- To apply for Council approval to erect an animal shelter unless exempted under Council's Local
Approvals Policy No. 1 for the erection of buildings. Council approval is not required if the shelter
is erected in the rear yard, and has a maximum area of 10m, and a maximum height of 2.4m.
Council's responsibility is to ensure the maintenance of a reasonable level of residential amenity and public health.
If necessary, Council can issue an 'Order' on the person occupying premises to comply with this Policy, or, with additional requirements depending on the circumstances. An Order may:
- Prohibit the keeping of animals
- Restrict the number of animals being kept
- Specify the manner in which animals must be kept
If a premises is vacant, an Order may be served on the owner of the property.
Council also has other powers that relate to the control of animals under:
- The Companion Animals Act, 1998
- The Protection of the Environment Operations Act, 1997
- The Food Act, 2003 (animals not to be kept where food is handled for sale)
- The Impounding Act, 1993
If a problem cannot be resolved by consultation, Council may decide to issue an 'Order'. This is a legal notice issued under the provisions of the Local Government Act, 1993. Normally, a person will be given the opportunity to comment before the Order is issued. In urgent situations, an Emergency Order may be issued without prior notice. These procedures are fully explained in Council's Policy called "Local Orders Policy No. 1 - Administrative Provisions".
There are other authorities which have various interests in the keeping of animals. These include the National
Parks and Wildlife Service regarding native animals; the RSPCA regarding cruelty to animals; the NSW
Agriculture Department regarding noxious animals and the Commonwealth Department of Primary
Industry regarding quarantine of imported animals. It is your responsibility to comply with relevant laws.
Animal:
Includes a mammal, bird, reptile, amphibian, bees and fish but does not include a human being for the purpose of this Policy.
Premises:
Includes buildings, parts of buildings, land whether built upon or not, sheds or other structures, tents, swimming pools, vessels and boats, and vehicles within premises.
Group 1 - Common Animals
Type of Animal |
Maximum Number
(Excludes
off spring
to 3 months of age) |
Minimum Distance
From
certain
buildings* |
Regulations and Requirements |
Advice and
Recommendations |
Dogs |
2
Amended
25/10/1995 |
- |
More than 1 dog will not
be
appropriate
in many situations. Compliance with all requirements
of Companion Animals
Act
including registration
and control
of dogs.
Prevent offensive howling or barking. |
Adequate fencing. Obedience training. Desexing. Proper care. Microchip identification (Veterinary Service). |
Cats |
2
Amended 25/10/1995 |
- |
Responsible
control to prevent nuisance.
More
than
one cat
will
not be appropriate
in many situations. |
Desexing. Identity collars with two bells. Microchip identification (Veterinary Service). Do not dump unwanted cats. |
Poultry
Domesti-
cated and guinea
fowl
Poultry
other
than
fowls including duck,
geese,
turkey, peafowl
and other pheasants |
10
Over 10 |
4.5 metres
30 metres |
Local Government Act Regulations apply including:- Notices
may be
served by Council. Greater distances
may be required.
No nuisance permitted.
No danger
or injury
to health permitted. Clean sand
or
impervious surface
under
roosts. Exempted
if more
than
15.2 m
from a dwelling,
public hall
or school. Enclosed
yards to prevent
poultry escaping. Poultry yards to be kept free of rats & mice. |
Roosters should
not be kept due
to potential noise
from crowing. |
Pigeons
Introduced fancy & racing
breeds |
20
over 20
Number
to suit the
size
of a
portable
cage |
10 metres
15 metres
3 metres |
Pigeons allowed
to fly free
must not
be allowed
to create
a nuisance.
Lofts to
be kept
clean at
all times.
Cages to
be kept
free of
rats and
mice. |
Obtain information on the proper keeping and
training of
homing pigeon |
Birds
Including canary,
finch, budgerigar, quail,
native pigeons, parrots
& the
like. |
Number
to suit
the size
of a fixed aviary
2 -
portable
cage |
10 metres
3 metres |
- |
- |
Sulphur Crested Cockatoo, Little and Long
Billed Corella . |
4 - aviary |
10 metres |
Cages and aviaries to
be regularly cleaned. Prevent offensive
noise
caused
by the
keeping of birds.
Cages
and
aviaries
to be
kept
free
of rats
and mice. |
Sulphur Crested Cockatoos, Little and Long Billed Corella are likely to be noisy if kept as single caged birds. Some native birds may be kept without National Parks & Wildlife Service Permits |
Rabbit |
1 |
3 metres |
Controlled
by the
NSW Agriculture Dept under
the Rural Lands Protection
Act,
1989
&
Regulations. (See
Noxious Animals - Group 2). Regulation
limit one recognised domestic
breed per residence. Must b
kept in a
rabbit-
proof enclosure. |
Do not release rabbits into the environment. Discuss Immunisation with your Vet. |
Bees |
As
appropriate
in the circumstances |
As
appropriate
in the circumstances |
Controlled principally
by NSW Agriculture Dept
under the Apiaries
Act,
1985.
Beehives
must be registered
with the Department
of
Agriculture. Complaints
regarding
bees are
referred
to the
Dept. of Agriculture
for
investigation.
Council
may
apply
restrictions
where a
public
nuisance
exists. |
Before installing any hive, contact NSW Agriculture and Fisheries Department |
Horses
and
Cattle |
1 |
9 metres (greater
where
directed by Council) |
Local
Government Act
Regulations
apply
including:-
9m
separation
from
dwellings
and
certain separation
may be required
where
necessary.
Stable
floors
must be impervious
and
drained.
(Prior
approval
for
erection
of a
stable
may be required
- refer
Local
approvals
Policy
No 1). |
Most properties within this Council area are not suitable for the keeping of these animals. |
Sheep
and
Goats |
1 |
9 metres |
Not to
create a nuisance.
Not to
be
slaughtered. |
- |
Pigs |
1 |
60 metres |
Local
Government
Act Regulations
apply
including:-
60m
separation
from
dwellings
and
certain
other
buildings. |
Most premises within this Council area are not suitable for the keeping of these animals. |
Aquarium and
Pond
Fish |
As appropriate
in the circumstances |
As
appropriate
in the circumstances |
Not to
create a nuisance.
Fish
ponds
300mm
or more
in depth
are
subject
to pool
safety
requirements. |
- |
Reptiles
and Amphibians |
As appropriate
in the circumstances |
As
appropriate
in the circumstances |
Must be adequately contained
to
prevent
escape
from the
premises. |
The keeping of snakes is likely to cause concern to neighbours. Various snakes are protected (refer native animals) and/or venomous (refer venomous animals). |
Other Animals
not specified |
As appropriate
in the circumstances |
As
appropriate
in the circumstances |
Must be appropriate
in the circumstances and
contact
should
be made
with
Council
in the
first
instance. |
- |
Certain Buildings* = a dwelling, shop, office, factory, school, church or public hall unless otherwise regulated by State Law |
Group 2 - Uncommon, Protected and Restricted Animals
Type of Animal |
Relevant Advice |
Native Animals |
Strictly protected and must not be kept unless in accordance with the National Parks and Wildlife Act, 1974. Some exceptions apply including the native budgerigar, zebra finch and sulphur crested cockatoo. Enquiries should be directed to the National Parks and Wildlife Service. |
Noxious Animals
Rabbit Feral Pig Dingo (wild dog) |
Strictly controlled and must not be kept unless in accordance with the Rural Lands Protection Act, 1989 and Regulations. Enquiries should be directed to the NSW Agriculture Dept. (Moss Vale Rural Lands Protection Board). |
Dangerous and Venomous Animals |
It is generally not appropriate to keep dangerous or venomous animals in the Rockdale Council area. |
Exotic Animals |
May be subject of State or Federal Regulations including Quarantine Regulations. |
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