ANIMALS LOCAL LAW 2003 - services.dsdip.qld.gov.auservices.dsdip.qld.gov.au/locallaws/data/postamalgamation... · Brisbane City Council Animals Local Law 2003 9 (c) the number of

AANNIIMMAALLSS LLOOCCAALL LLAAWW 22000033

Consolidated as at 19 February 2013

BRISBANE CITY COUNCIL ANIMALS LOCAL LAW 2003

TABLE OF PROVISIONS PART 1—PRELIMINARY ............................................................................................ 3

1. Short title ....................................................................................................... 3 2. Objects .......................................................................................................... 3 3. Definitions ...................................................................................................... 3 4. Definition of effective control (dogs) .............................................................. 6 5. Definition of wander at large .......................................................................... 8 6. Application ..................................................................................................... 8

PART 2—KEEPING OF ANIMALS.............................................................................. 8

Division 1—Permits for the keeping of animals .................................................................. 8 7. Requirement to hold permit ........................................................................... 8 8. Obligation to hold permit ................................................................................ 9

Division 2—Obtaining and administering permits .............................................................. 9 9. Application for permit ..................................................................................... 9 10. Approval of application .................................................................................. 10 11. Criteria for approval of permits for activities with development approvals ..... 10 12. Criteria for approval of permits for activities without development approvals 10 13. Subject matter for conditions ......................................................................... 11 14. Permit conditions specified in subordinate local law ...................................... 12 15. Circumstances in which permits will not ordinarily be issued ......................... 12 16. Term of permit ............................................................................................... 13 17. Variation of conditions of permit .................................................................... 13 18. Compliance with conditions of permit ............................................................ 13 19. Renewal of permit .......................................................................................... 13 20. Revocation of permit ...................................................................................... 13

Division 3—Minimum standards ........................................................................................ 15 21. Prescription of minimum standards ............................................................... 15 22. Compliance with minimum standards ............................................................ 15

Division 4—Animals which may not be kept ..................................................................... 16 23. Prohibition against the keeping of certain animals ......................................... 16

PART 3—CONTROL OF ANIMALS .......................................................................... 16

Division 1—Animals at large .............................................................................................. 16 24. Animals wandering at large ........................................................................... 16 25. Dogs to be under effective control ................................................................. 17 26. Animal excrement to be cleaned up .............................................................. 17

Division 2—Duty to avoid nuisance ................................................................................... 18

27. Duty to avoid nuisance .................................................................................. 18 28. Animal noise ................................................................................................. 19

Division 3—Aggressive animals ........................................................................................ 19 29. Animal attacks ............................................................................................... 19 30. Dangerous dogs ............................................................................................ 20

PART 4—POUND ADMINISTRATION ...................................................................... 20

31. Animal pounds ............................................................................................... 20 32. Register of impounded animals ..................................................................... 20 33. Release of impounded animals ..................................................................... 21 34. Sale destruction and disposal of impounded animals .................................... 22

PART 5—ENFORCEMENT ....................................................................................... 24

Division 1—Notices............................................................................................................. 24 35. Oral directions ............................................................................................... 24 36. Notice to remedy ........................................................................................... 24 37. Notice to remove animal ................................................................................ 25

Division 2—Seizure and impounding of animals .............................................................. 26 38. Power to seize and impound animals ............................................................ 26 39. Notice of impounding ..................................................................................... 26

Division 3—Seizure and destruction of animals ............................................................... 27 40. Power to seize animals and impound for destruction..................................... 27 41. Notice of seizure and impounding for destruction .......................................... 27 42. Power to seize and destroy animals .............................................................. 28 43. Notice of seizure and making of destruction order ......................................... 29 44. Giving of seizure notices................................................................................ 29 45. Power to assist seizure and impounding ....................................................... 29 46. Summary destruction of animal ..................................................................... 29 47. Destruction at request of keeper .................................................................... 30

PART 6—REVIEW OF DECISIONS, APPEALS AND LEGAL PROCEEDINGS ...... 30

48. Giving of notice .............................................................................................. 30 49. Original decisions .......................................................................................... 31 50. Review of decisions ....................................................................................... 31 51. Show cause notices ....................................................................................... 32 52. Appeal against destruction order ................................................................... 33 53. Powers of court on appeal ............................................................................. 33 54. Withdrawal of appeal ..................................................................................... 35 55. Costs on appeal ............................................................................................. 35 56. Reclaiming of animals.................................................................................... 36 57. Evidence ........................................................................................................ 36 58. Evidentiary provisions for animal noise.......................................................... 37 59. No right to compensation ............................................................................... 37

PART 7—MISCELLANEOUS .................................................................................... 37

60. Subordinate local laws ................................................................................... 37

Brisbane City Council

Animals Local Law 2003 3

BRISBANE CITY COUNCIL

ANIMALS LOCAL LAW 2003

PART 1—PRELIMINARY Short title 1. This local law may be cited as the Animals Local Law 2003 (Consolidated

version 2009). Objects 2. The objects of this local law are to regulate the keeping of animals—

(a) to protect the community against risk of injury or damage from animals; and

(b) to ensure that animals do not create a nuisance, or a hazard to health or

safety; and (c) to prevent pollution and other environmental damage; and (d) to protect the amenity of the local environment; and (e) to ensure that animals are kept and controlled in ways consistent with

the rights and expectations of the community. Definitions 3. In this local law— “the Act” means the Local Government Act 1993.

“authorised person” means an appropriately qualified person appointed by Council to exercise the powers and functions of an authorised person under this local law.



“animal” means any live member of a vertebrate species, including any mammal, reptile, amphibian, bird or fish, but does not include human beings or an animal of a species excluded by a subordinate local law from the application of this local law. “animal pound” includes an animal shelter.

"attack" by an animal, includes any one or more of the following— (a) to hold any part of a person, animal or thing in its mouth whether or not

the holding is accompanied by shaking pulling or pushing and whether or not the person, animal or thing suffers any injury; or

(b) to approach, chase, menace or rush at a person, animal or thing in such

a manner as to —

(i) endanger any person or animal whether or not the attacking animal actually contacts or bites the person, animal or thing; or

(ii) cause fear or alarm to any person whether or not the attacking

animal actually contacts or bites the person, animal or thing.

“bark” includes howl.

“Council” means the Brisbane City Council established under the City of Brisbane Act 1924.

“destroy” refers to the actual destruction of an animal, but may include in the discretion of Council, such other action in relation to the animal which Council considers appropriate. Example—

A dog which has been seized after non-compliance with a notice to remove because of noise nuisance, might be sold or given away to a new owner if the noise nuisance was apparently related to improper care and control rather than an inherent tendency in the dog.

“development approval” has the meaning given by the Integrated Planning Act 1997. “domestic animal” means cats, dogs, household pets and livestock.



“effective control” has the meaning set out in section 4. “entire” means an animal that is not desexed. “environmental harm” has the meaning given by the Environmental Protection Act 1994. "guard dog" means a dog which is released on commercial premises without a handler for the purpose or apparent purpose of acting as a deterrent to intruders. "keeper" of an animal means any one of the following persons—

(a) the person registered as the owner of the animal under this local law or

another law; or

(b) the person who has the immediate custody and control of the animal; or

(c) the occupier of the land on which the animal is ordinarily kept; or,

(d) the person who feeds and cares for the animal; or (e) where a guard dog is released on commercial premises without a

handler for the purpose or apparent purpose of acting as a deterrent to intruders—

(i) the owner of the land on which the guard dog is released; or

(ii) the occupier of the land on which the guard dog is released or

(iii) the proprietor of the business carried out on the land where the

guard dog is released; or

(f) where a keeper of an animal is under 18 years of age, the parent or guardian of that person is deemed to be the keeper for the purposes of this local law.

“livestock” means any animal which can be farmed, whether kept for farming or domestic purposes, and includes, but is not limited to—horses, cattle, pigs, goats, sheep, deer, poultry, emus, ostriches and alpacas.



“muzzle” means a device placed over an animal's mouth to prevent the animal from biting. "off leash area" means any area of the City of Brisbane designated by Council as an off leash area. “pet shop” means any shop or stall, at or from which animals are displayed for sale. “permanent identification mark” means a mark to permanently identify an animal, and includes, but is not limited to, a tattoo, brand or implanted microchip bearing an electronic code.

“prescribed fees” includes any fees and charges set by Council resolution. “prescribed form” includes any form prescribed by Council for the purposes of this local law. "public place" means any place to which the public has access. "registration tag" means an object to identify an animal, containing the information specified in a subordinate local law and issued by Council upon payment of the registration fee for the animal.

"remove" means— (a) to cause an animal to be destroyed, or

(b) to cause an animal to be permanently removed from the City, or

(c) to cause an animal to be permanently moved to another place within the

City with the consent of Council. “wander at large” has the meaning set out in section 5. “writing” includes electronic transmission of information.

Definition of effective control (dogs) 4. A dog is under effective control only if—



(a) in an off leash area the keeper of the dog is able to control and direct the dog to ensure that the dog does not —

(i) attack a person, animal or thing; or (ii) damage property; or

(iii) enter any land without the consent of the owner or occupier of the land; or

(b) in any area other than an off leash area, (other than the premises in

which the dog is ordinarily kept)—

(i) the dog is held on a leash or chain strong enough to restrain the dog, and extended to not more than two metres long, by a person who is—

(A) capable of controlling the dog; and

(B) holding no more than one dog unless the person is

capable of controlling all the dogs held at the same time; or Example—

To be capable of controlling a dog a person must be—

(a) strong enough to restrain the dog; and

(b) old enough to understand the responsibility of keeping the dog under control.

(ii) the dog is confined or tethered in or on premises or a vehicle so

as to be—

(A) unable to leave the premises or vehicle; or

(B) unable to attack a person or animal from the premises or vehicle; or

(c) the dog is participating in an obedience trial, or training for an obedience

trial under the supervision of an organisation recognised by the Council for the purposes of this section; or



(d) the dog is being exhibited at an exhibition under the supervision of an organisation recognised by Council for the purposes of this section.

(e) the dog is a racing dog participating in a racing meet or trial recognised

by Council for the purposes of this section. Definition of wander at large 5. An animal wanders at large when it is in a place outside the premises where it

is ordinarily kept without the consent of the owner or occupier of that place, and—

(a) the conditions of an Animal Permit; or

(b) minimum standards prescribed in a subordinate local law;

require the animal to be kept behind a fence or in an enclosure.

Application 6. This local law is in addition to and does not derogate from any other local law

or subordinate local law made by Council.

PART 2—KEEPING OF ANIMALS

Division 1—Permits for the keeping of animals Requirement to hold permit 7. (1) A subordinate local law may require a person to obtain a permit to keep

an animal. (2) The requirement for a permit may be imposed by reference to any one

or more of the following factors—

(a) the species, breed, type, class, description, age or sex of the animal;

(b) the activity to be carried out;



(c) the number of animals to be kept;

(d) the area, or part of the area, in which the animal is to be kept; (e) the nature of the premises at which the animal is to be kept;

(f) the ability of the animal to breed;

(g) the number of litters that may be produced in a specified period;

(h) any other reasons specified in a subordinate local law.

Obligation to hold permit 8. A person must not keep an animal for which, or in circumstances in which, a

permit is required under a subordinate local law, without holding a permit issued by Council under this Part.

Maximum Penalty—50 penalty units.

Division 2—Obtaining and administering permits Application for permit 9. (1) A person may apply for a permit by lodging with the Council—

(a) an application in writing using the prescribed form; and

(b) the prescribed fee; and

(c) written proof that any necessary development and building approvals have been obtained; and

(d) consent in writing of the registered proprietor of the property on

which the animal is to be kept, bred or sold, if the applicant is not the registered proprietor; and

(e) any other matters specified in a subordinate local law.



(2) The applicant must, if Council so requires, furnish any further information or documents that Council may reasonably require to decide the application.

(3) An application for a permit is not duly made until the applicant has

complied with all the requirements of this section. Approval of application 10. (1) Council may—

(a) approve the application; or

(b) approve the application subject to conditions; or

(c) refuse the application.

(2) If Council approves the application under either subsection (1)(a) or (1)(b), it will issue a permit in the prescribed form.

(3) If Council refuses the application under subsection (1)(c), it will advise

the applicant in writing. (4) A notice of refusal under subsection (3) must state that the applicant

may apply to Council within 14 days after receiving the notice, for a review of the decision to refuse the application.

Criteria for approval of permits for activities with development approvals 11. If the permit is for keeping an animal in conjunction with an activity for which a

development approval is required, Council in considering whether to approve the application may have regard to any report about the suitability of the applicant to hold a permit to keep an animal.

Criteria for approval of permits for activities without development approvals

12. (1) If the permit is for keeping an animal in conjunction with an activity for which a development approval is not required, Council may only approve the application if it is satisfied that the premises can be used without



significant risk to health, safety or amenity of the residents or the community or the environment in which the premises are situated.

(2) Council in considering the application may have regard to any one or

more of the following matters -

(a) the suitability of the applicant to keep an animal; (b) the physical suitability of the land for the proposed use;

(c) the suitability of enclosures in which the animal is to be kept;

(d) the likelihood of the animal causing danger, nuisance,

inconvenience or annoyance to the occupiers of neighbouring land;

(e) the likely effect on the amenity of the surrounding area;

(f) the likely effect on the local environment and any possible

pollution or other environmental damage;

(g) other factors that may be relevant in the circumstances. Subject matter for conditions 13. Without limiting the power to impose conditions on a permit conferred by

section 10(1)(b), Council may impose conditions relating to any or all of the following matters—

(a) keeping the animal in accordance with appropriate standards of animal

welfare; (b) the taking of measures to prevent uncontrolled breeding of animals;

(c) keeping the animal in an enclosure that complies with requirements

specified in a subordinate local law; (d) the area and dimensions of the land in which the animal is to be kept;

(e) compliance with standards of hygiene specified in a subordinate local

law;



(f) identifying the animal with a permanent identification mark prescribed in

a subordinate local law;

(g) ensuring the animal does not cause danger, nuisance, inconvenience or annoyance to others;

(h) the taking of measures to prevent the animal from causing injury or

damage to persons or other animals;

(i) the taking of measures to protect the local environment from harm;

(j) restrictions on the keeping of certain breeds, and on the size or number of animals;

(k) any other matter specified in a subordinate local law.

Permit conditions specified in subordinate local law 14. Council may in a subordinate local law specify conditions which—

(a) must be imposed; or

(b) will ordinarily be imposed;

on a permit generally or in particular circumstances or on particular types of permits.

Circumstances in which permits will not ordinarily be issued 15. Council may in a subordinate local law specify particular types of animals for

which, or particular circumstances in which—

(a) a permit must not be issued; or

(b) a permit will not ordinarily be issued.



Term of permit 16. A permit is granted for one year unless otherwise specified in the permit. Variation of conditions of permit 17. (1) Council may, by notice in writing1 given to the holder of a permit issued

under this Part, add to, vary or revoke a condition of that permit whenever Council considers it necessary or appropriate so to do.

(2) A notice under subsection (1) may be served by post.

(3) An addition, variation or revocation made pursuant to subsection (1) takes effect immediately the notice is given to the holder.

Compliance with conditions of permit 18. The holder of a permit or any person acting under the permit must not

contravene a condition of the permit. Maximum Penalty—20 penalty units. Renewal of permit 19. (1) A holder of a permit may apply to have the permit renewed for a further

term.

(2) Renewal will only be granted if the prescribed application form and the prescribed fee are lodged with Council prior to expiry of the current permit.

Revocation of permit 20. (1) Council may, at any time, revoke a permit for any reason which, in the

opinion of Council, justifies the revocation.

1 See section 48 for general provisions about the giving of notices under this local law.



(2) Without limiting the generality of subsection (1), Council may revoke a permit upon any one or more of the following grounds—

(a) that the holder has—

(i) been convicted of an offence against this local law;

(ii) contravened a requirement of this local law;

(iii) contravened a permit condition;

(b) that the holder is not a suitable person to hold the permit.

Example—

(a) the keeper has persistently failed to control animals which cause a nuisance or pose a threat to health and safety; or

(b) the keeper has been convicted of an animal welfare offence.

(3) Before revoking a permit under this section, Council must give a notice2 to the holder inviting the holder, within 14 days, to show cause3 why the permit should not be revoked.

(4) Whenever Council revokes a permit, it will give the holder notice of the

revocation and the permit shall be revoked as from the date on which the notice is given to the holder.

(5) Notices under subsections (3) and (4) may be served by post. (6) Within 7 days of the notice of revocation being given to the holder, the

holder must remove any animal for which a permit is required.

2 See section 48 for general provisions about the giving of notices under this local law. 3 Provisions about show cause notices are found in Part 6.



Division 3—Minimum standards Prescription of minimum standards 21. A subordinate local law may prescribe minimum standards for the keeping of

animals or a particular species, breed or type of animal whether or not a permit or registration is required for that animal under this local law.

Example—

The subordinate local law may require any or all of the following — (a) regular cleaning of enclosures and disposal of waste generated by cleaning; (b) separation of animal enclosures from human habitation, food preparation areas,

natural watercourses and drainage; (c) standards of cleanliness and hygiene; (d) specified standards of fences and enclosures; (e) the taking of measures to prevent or minimise nuisance;

(f) the taking of measures to ensure the safety of people or of other animals;

(g) the taking of measures to prevent or minimise environmental harm.

Compliance with minimum standards 22. (1) A person who keeps an animal must comply with every minimum

standard prescribed for that animal.


(2) The obligation in subsection (1) is in addition to the obligation to comply with every condition of a permit issued in respect of that animal.



Division 4—Animals which may not be kept Prohibition against the keeping of certain animals 23. (1) A subordinate local law may prohibit absolutely the keeping of an

animal.

(2) Council may, by resolution, make an interim prohibition against the keeping of an animal.

(3) If Council resolves to make an interim prohibition under subsection (2),

Council must confirm the prohibition in a subordinate local law. (4) An interim prohibition will remain in force only until Council confirms the

prohibition in a subordinate local law. (5) A prohibition may be imposed by reference to any one or more of the

following factors— (a) the species, breed, type, class or description of the animal;

(b) the risk posed by the animal to the safety of people or other animals;

(c) the area in which animal may be kept; (d) the numbers of animals which may be kept. (6) A person must not keep an animal in contravention of a prohibition. Maximum penalty—50 penalty units.

PART 3—CONTROL OF ANIMALS

Division 1—Animals at large Animals wandering at large 24. (1) The keeper of an animal must ensure that the animal does not wander at

large.




(2) It is a defence to a proceeding against a keeper for a contravention of subsection (1) for the keeper of the animal to prove that they took all reasonable and practicable measures to prevent the animal wandering at large.

(3) In deciding the measures required to be taken by the keeper under

subsection (2), regard must be had to —

(a) the minimum standards for fencing and enclosures prescribed by a subordinate local law; and

(b) the species breed and type of animal; and

(c) the risk posed by the animal to people and other animals; and

(d) the size of the animal; and

(e) the adequacy of the fencing erected to keep the animal within the premises where it is usually kept; and

(f) whether the animal has a history of wandering.

(4) Subsection (2) will not be satisfied by an assertion that the animal was released without the keeper’s knowledge by a person or persons unknown.

Dogs to be under effective control 25. A keeper of a dog must ensure that the dog is kept under effective control. Maximum penalty—20 penalty units. Animal excrement to be cleaned up 26. (1) When an animal is in a public place, the keeper of the animal must carry

a bag, implement or container suitable to pick up and dispose of the animal’s excrement if the animal defecates.



Maximum Penalty—0.5 penalty units.

(2) If an animal defecates in a public place, the keeper must immediately pick up and dispose of the excrement in a sanitary manner so that—

(a) it cannot be washed into watercourses, gutters or stormwater

drains; or (b) it cannot form a breeding place for flies; or (c) it does not cause a nuisance. Maximum Penalty—20 penalty units.

Example— Acceptable methods of disposing of animal excrement include—

(a) placing it in a bin designated for the disposal of animal excrement by Council; or

(b) disposal to sewer; or

(c) hygienic disposal at the keeper’s premises; or

(d) such other manner as may be specified in a subordinate local law.

(3) An animal for the purposes of this section is any animal specified for that

purpose in a subordinate local law.

(4) A subordinate local law may specify acceptable methods of disposing of animal excrement.

Division 2—Duty to avoid nuisance Duty to avoid nuisance 27. A person must not keep an animal if, in the opinion of an authorised person,

that animal—

(a) causes a nuisance; or



(b) exposes the health and safety of other persons and animals to significant risk; or

(c) creates a reasonable apprehension in the minds of other persons of a

significant risk to the health and safety of persons and animals. Maximum penalty—20 penalty units. Animal noise 4 28. Animal noise is a nuisance if—

(a) it is made by a domestic animal; and, (b) in the opinion of an authorised person—

(i) it unreasonably disrupts or inhibits an activity ordinarily carried out

on residential premises; or

(ii) it is made for more than a total of 6 minutes in any hour from 7 a.m. to 10 p.m. on any day; or

(iii) is made for more than a total of 3 minutes in any 30 minute period

on any day after 10 p.m. or before 7 a.m.

Division 3—Aggressive animals Animal attacks 29. (1) A person must not keep an animal that attacks a person, animal or thing.

Maximum penalty—

(a) where a person suffers bodily harm as a result of the attack—100 penalty units; or

(b) in all other cases—50 penalty units.

4 See special evidentiary provisions for animal noise at section 58.



(2) A person must not cause, encourage or knowingly permit an animal to attack another person, animal or thing.

Maximum penalty—

(a) where a person suffers bodily harm as a result of the attack— 500 penalty units; or (b) in all other cases—200 penalty units.

Dangerous dogs 30. (1) Council may prescribe a registration fee for a declared dangerous dog and must notify the keeper in writing of the prescribed fee.

(2) A keeper must pay the declared dangerous dog registration fee within the time specified in the notice.

Maximum penalty —20 penalty units

PART 4—POUND ADMINISTRATION Animal pounds 31. Council may— (a) establish an animal pound; or

(b) join with another local government in establishing an animal pound. Register of impounded animals 32. (1) Council must ensure that a proper record of impounded animals is kept

(the “Register").

(2) The Register must contain such information about each impounded animal as is specified in a subordinate local law.

(3) The Register must be kept available for public inspection at the pound at

all times while the pound is open to the public.



Release of impounded animals 33. (1) Subject to subsection (4), when an animal is seized and impounded

under section 38, Council will release the animal to the keeper upon payment of the prescribed fee within the prescribed period.

(2) A subordinate local law may prescribe the periods within which

impounded animals may be reclaimed. (3) If the keeper has apparently contravened this local law in any one or

more of the following ways—

(a) a permit is required for the keeping of the animal but the keeper does not have the necessary permit; or

(b) the animal is required to be registered but is not registered; or

(c) particular works or facilities are required to be constructed or provided on the premises at which the animal is ordinarily kept or will be kept by a requirement of —

(i) a condition of a permit issued under this local law for the

keeping of the animal; or (ii) a condition of a dangerous dog order.

and those works or facilities are not constructed or provided; then an authorised person may give the keeper a notice to remedy5 the

contravention.

(4) If, an authorised person gives the keeper a notice to remedy a subsection (3) contravention, Council may retain the animal in the pound for the time specified in the notice to remedy.

(5) When the keeper complies with the notice to remedy the keeper may

reclaim the animal upon payment of the prescribed pound fees.

5 See Section 36 for provisions governing notices to remedy.



(6) If the keeper does not comply with the notice to remedy within the time stated in the notice the animal can be sold, destroyed or disposed of pursuant to section 34.

(7) An animal must not be returned to the keeper if the keeping of that

animal will contravene this local law. Example — An animal the keeping of which is prohibited under section 23. Sale destruction and disposal of impounded animals 34. (1) If an animal has been seized and impounded, and—

(a) the animal has not been reclaimed within the period fixed by a subordinate local law; or

(b) An authorised person has given the keeper a notice to remedy

and the contravention has not been remedied within the time specified in the notice; or

(c) the animal cannot be returned to the keeper under section 33(7); then Council may—

(d) offer the animal for sale by private treaty, tender, expression of

interest or auction; or

(e) destroy, keep or otherwise dispose of the animal.

(2) An amount realised on sale of an animal must be applied—

(a) first towards the costs of sale; and

(b) secondly towards any prescribed impounding and maintenance fees; and

(c) thirdly to payment of any outstanding penalties owed by the

keeper of the animal to Council under this local law; and (d) fourthly to the keeper of the animal.



(3) If there is more than one person who is the keeper of an animal, then for the purposes of the application of the amount realised on the sale of the animal pursuant to subsection (2)(d), the registered owner is deemed to be the keeper of the animal.

(4) If the identity of the keeper of an impounded animal is unknown to

Council, the proceeds of sale if any under subsection (2)(d) will become the absolute property of the Council.

(5) If there is no purchaser for an animal offered for sale, Council may—

(a) destroy the animal; or

(b) otherwise dispose of the animal.

(6) A sale or disposal of an animal by Council under this section confers

valid and paramount title to the animal sold or disposed of to the purchaser or disponee of the animal as though the Council were the owner of the animal.

(7) Subsection (6) does not protect a person who commits fraud or wilful

default.

(8) If a sale or disposal under this section does not realise a sufficient amount to pay all monies due to Council then the amount of the insufficiency shall be recoverable from the keeper of the impounded animal in any court of competent jurisdiction.

(9) In any proceedings under subsection (8), Council may, by a single action

or a series of successive actions, recover the amount of the insufficiency from any one or more of the keepers of the animal.



PART 5—ENFORCEMENT

Division 1—Notices Oral directions 35. (1) If a person engages in conduct that is, or is preparatory, to a

contravention of a requirement of this local law, an authorised person may orally direct that person to do either or both of the following things—

(a) stop the conduct; (b) take specified action to remedy the contravention. Example—

If a person does not keep a dog on a leash in contravention of this local law, an authorised person may require the person to bring the dog under effective control.

(2) An oral direction may be given under this section in addition to any other

enforcement action prescribed by this local law.

(3) A person must comply with an oral direction unless the person has a reasonable excuse.

Maximum Penalty for subsection (3)—20 penalty units. Notice to remedy 36. (1) If a person apparently contravenes a requirement of this local law, an

authorised person may give a written notice6 (a “notice to remedy”) under this section to the person.

(2) A notice to remedy may—

(a) if the contravention is of a recurring nature, require the person to

stop the contravention and prevent it recurring; or




(b) whether or not the contravention is of a continuing or recurring nature, require the person to take specified action within a time specified in the notice to remedy, to remedy the contravention.

(3) A notice to remedy may be served by post. (4) A person must comply with a notice to remedy. Maximum penalty for subsection (4) —50 penalty units. (5) This section applies whether or not any person is prosecuted or

convicted for any other contravention of this local law.

Notice to remove animal

37. (1) If a person fails to comply with a notice to remedy then an authorised person may give a written notice7 (a “notice to remove”) to the person requiring the person to remove the animal which is the subject of the notice to remedy within the time specified in the notice to remove.

(2) A notice to remove may be given under this section in addition to any

other enforcement action prescribed by this local law. (3) The notice must state that the animal must not be moved to another

place unless— (a) Council is given prior notification of the proposed address of the

premises where the animal is to be moved; and (b) Council consents to the animal being moved to that place. (4) A notice to remove may be served by post. (5) A person must comply with a notice to remove an animal. Maximum penalty for subsection (5) —50 penalty units.




Division 2—Seizure and impounding of animals Power to seize and impound animals 38. (1) An authorised person may seize and impound an animal if— (a) the animal is wandering at large; or

(b) the animal is not under effective control; or (c) the animal is required to be registered under this local law and is

not registered; or (d) a permit is required to keep, breed or sell the animal and the

keeper does not have the necessary permit. (2) An authorised person may, at the request of the occupier of land, seize

and impound any animal found on the occupier’s land. (3) The occupier may seize an animal found on the occupier’s land and

deliver the animal to an authorised person for impounding.

(4) An authorised person is not obliged by this section to seize, impound or accept for impounding, any animal.

Notice of impounding 39. (1) If an animal is seized and impounded under section 38 an authorised

person must, if the keeper of the animal is known to the authorised person or can be ascertained from Council records, give a notice to the keeper of the animal.

(2) Notice may be given by telephone or in writing.8

(3) When giving the notice of impounding the authorised person must tell

the keeper either—

8 See section 48 for general provisions about the service of written notices under this local law.



(a) that the keeper may claim the animal, the period within which the animal may be claimed and the fees which must be paid to claim the animal; or

(b) that a written notice to remedy will be issued and that the animal

will not be released until the notice has been complied with and all pound fees have been paid.

(4) In addition to the matters required under section 36, the notice to

remedy must state —

(a) that when the keeper complies with the notice to remedy, the animal will be released upon payment of the prescribed pound fees; and

(b) that if the keeper does not comply with the notice to remedy

within the time stated in the notice, the animal can be sold, destroyed or disposed of pursuant to section 34.

Division 3—Seizure and destruction of animals Power to seize animals and impound for destruction 40. An authorised person may seize an animal and impound it for destruction if—

(a) a person does not comply with a notice to remove the animal; or (b) a person does not remove an animal when a permit to keep,

breed or sell that animal has been refused or revoked pursuant to this local law; or

(c) a person does not remove an animal when a permit to keep,

breed or sell that animal has been refused or revoked pursuant to this local law; or

Notice of seizure and impounding for destruction 41. (1) If an animal is seized and impounded for destruction under section 40,

an authorised person must, if the keeper of the animal is known to the



authorised person or can be ascertained from Council records, give a notice9 to the keeper of the animal.

(2) The notice must— (a) be in writing; and (b) outline the facts and circumstances forming the basis for the

authorised person exercising the power of seizure under this section; and

(c) state that the keeper may, within 3 business days after the

seizure notice is given to the keeper, show cause why a destruction order should not be made; and

(d) state how and where the keeper may make representations about

the destruction of the animal.

(4) If an animal is seized under section 40, an authorised person may make a destruction order in respect of the animal after 3 business days have elapsed from the time the keeper is given notice of the seizure.

(5) If a destruction order is not made, the keeper may reclaim the animal

from the pound subject to the provisions of sections 33 and 34. (5) If a destruction order is made, an authorised person must, if the keeper

of the animal is known to the authorised person or can be ascertained from Council records, give written notice10 of the making of the destruction order to the keeper of the animal.

(6) A notice under subsection (5) may be served by post. Power to seize and destroy animals 42. (1) An authorised person may seize and destroy an animal if— (a) the keeping of the animal is prohibited;

9 See section 44 for the provisions governing the giving of seizure notices under this subsection. 10 See section 48 for general provisions about the giving of notices under this local law.



(2) If an animal is seized under subsection (1) an authorised person must make a destruction order immediately after seizing the animal.

Notice of seizure and making of destruction order 43. If an animal is seized under section 42 an authorised person must, if the keeper of the animal is known to the authorised person or can be ascertained from Council records, give written notice11 of the seizure and of the making of the destruction order to the keeper of the animal. Giving of seizure notices 44. For the purposes of sections 41 and 43 a seizure notice may be served on the

keeper of the animal by— (a) delivering it to the keeper personally; or

(b) leaving it at the address of the place of residence or business of the keeper, known to the authorised person serving the notice or ascertained from Council records.

Power to assist seizure and impounding 45. In seizing or impounding an animal under this Part—

(a) both the occupier and an authorised person acting separately or in concert, may use any reasonable method of capturing, trapping, controlling or sedating the animal; and

(b) an authorised person may use mechanical and tranquillising devices.

Summary destruction of animal 46. (1) Despite sections 41 and 43 an authorised person may destroy an animal

which has been seized without notice to the keeper of the animal if —

11 See section 44 for provisions governing the giving of notice under section 43



(a) the animal has been seized more than three times in the last year; or (b) the animal is, in the authorised person’s opinion, dangerous and not controllable by means that are reasonably available to the keeper of the animal; or

(c) an authorised person is satisfied that the animal –

(i) is so diseased, emaciated or injured that its

continued existence causes it to suffer; or

(ii) is suffering from injury, disease or sickness to such an extent that it is impracticable to maintain it; or

(iii) is suffering from any disease or sickness that is of a contagious or infectious kind.

(2) If an authorised person has the power to seize an animal under this local

law and forms the reasonable belief that the animal, either because of its size or its behaviour, is unable to be seized using means reasonably available to the authorised person, and without undue risk to the safety of the authorised person or other persons, the authorised person may destroy the animal instead of seizing it.

Destruction at request of keeper 47. An authorised person may, at the request of the keeper of an animal, seize and

destroy that animal.

PART 6—REVIEW OF DECISIONS, APPEALS AND LEGAL PROCEEDINGS

Giving of notice 48. Wherever this local law requires written notice to be given, the provisions of the

Acts Interpretation Act 1954 section 39—Service of documents, and section 39A —Meaning of service by post etc, will apply to the giving of the notice unless otherwise specified in this local law.



Original decisions 49. The following decisions are original decisions—

(a) The decision to refuse an application for a permit under section 10(1)(c); Review of decisions 50. (1) An application for a review of an original decision (the “internal review

application”) must—

(a) be made in writing to Council within 14 days after the day on which Council gives notice of the original decision; and

(b) be accompanied by the prescribed fee; and

(b) be supported by enough information to enable Council to decide

the review application.

(2) If Council is satisfied the applicant for review has complied with subsection (1), Council must, within 28 days after receiving the review application—

(a) review the original decision; and

(b) consider any written submissions properly made by the applicant;

and

(c) make a decision (the “review decision”) to—

(i) confirm or revoke the original decision; or

(ii) vary the original decision in a way Council considers appropriate; or

(iii) if Council requires more time to consider the review

application—defer making a decision under subparagraph (i) or (ii) until a specified date (which must not be more than 60 days after receiving the review application).



(3) The internal review application does not stay the original decision.

(4) The internal review application must not be dealt with by—

(a) the person who made the original decision, whether or not the person was exercising a delegated power in making the original decision; or

(b) a person holding a less senior office than the person who made

the original decision.

(5) Within 14 days after making the review decision under subsection (2), Council must give written notice of the review decision to the applicant, stating reasons for the review decision.

(6) If Council does not comply with subsection (2) or (5), Council is taken to

have made a decision confirming the original decision. Show cause notices 51. (1) This applies if Council gives a person a show cause notice before

revoking a permit under section 20(1). (2) A show cause notice must— (a) be in writing; and

(b) outline the facts and circumstances forming the basis for Council’s belief that the permit or registration should be revoked; and

(c) state how the person may make written representations about the

show cause notice.

(3) Within 28 days of the representations being made, Council must—

(a) consider the written representations made within the stated period; and

(b) decide whether or not to revoke the permit or registration.



(4) Within 14 days after making a decision under subsection (3), Council must notify the keeper of the decision.

Appeal against destruction order 52. (1) The keeper of an animal against which a destruction order has been

made may appeal12 to a Magistrates Court against the making of the order.

(2) An appeal under subsection (1) must be instituted by a complaint and

summons under the Justices Act 1886 with Council as the respondent, filed and served within 21 days after the keeper is given written notice of the destruction order.

(3) An appeal is not started until—

(a) the complaint and summons is filed in the Magistrates Court; and

(b) a copy of the complaint and summons has been served on Council’s solicitors.

(4) If a copy of the complaint and summons has not been served on

Council’s solicitors within 21 days of the keeper being given written notice of the destruction order Council may proceed on the basis that no appeal has been made and destroy the animal.

Powers of court on appeal 53. (1) On an appeal against a destruction order under section 52, the Court

may, unconditionally or subject to such conditions as it thinks fit—

(a) confirm; or

(b) quash

the order for destruction of the animal.

12 An appeal against a destruction order is to be conducted under the general procedures of the Justices Act

1886.



(2) The Court may only quash an order for destruction of an animal if it is satisfied that—

(a) the circumstances which led to the making of the order are not so

serious as to require the destruction of the animal; and

(b) the keeper will in future ensure that the animal is properly kept and controlled in accordance with this local law and the circumstances that led to the making of the order are unlikely to recur; and

(c) if a previous destruction order in respect of the animal has been

quashed, that there are exceptional circumstances justifying the quashing the destruction order which is the subject of the appeal.

(3) In reaching a decision under subsection (2) the Court may consider, for

example, any or all of the following matters—

(a) whether the animal has been involved in any previous attacks; (b) the seriousness of any attack by the animal; (c) the impact of the attack on the victim; (4) If the animal is a prohibited animal a destruction order may only be

quashed if—

(a) the animal is to be permanently removed from the City of Brisbane; and

(b) the keeper can produce to the court a written statement from the

local government for the area where the animal is to be taken confirming that—

(i) the local government is aware of the species, breed and

type of the animal; and (ii) the local government is aware that the animal is a

prohibited animal in the City of Brisbane; and

(iii) the local government consents to the animal being brought



into its area.

(5) Where a destruction order is confirmed by the Court or is reinstated under sections 53(2) and (3) Council may immediately destroy the animal under that order.

Withdrawal of appeal 54. (1) An appellant may withdraw an appeal against a destruction order at any

time prior to the hearing of the appeal. (2) If an appeal is withdrawn Council may destroy the animal.

Costs on appeal 55. (1) If the Court quashes an order for destruction of an animal—

(a) subject to subsection (2), the keeper must pay to Council all prescribed fees in relation to the seizure and subsequent holding of the animal; and

(b) the Court may order that the keeper pay Council's costs13 of the

appeal.

(2) The Court may only make an order—

(a) that the keeper does not have to pay the fees under subsection (1); or

(b) against Council in respect of the costs of the appeal;

where the Court is satisfied that the animal was unlawfully seized by the authorised person or that there was no lawful basis for the making of the destruction order.

(3) If the appeal against the destruction order is dismissed or withdrawn—

13 Costs, including legal professional costs and disbursements shall be determined under the scale of costs

set out in the Justices Regulation 1993.



(a) the keeper must pay to Council all prescribed fees in relation to the seizure and subsequent holding of the animal within 28 days of the dismissal or withdrawal of the appeal; and

(b) the Court may order that the keeper pay Council’s costs14 of the

appeal. Reclaiming of animals 56. (1) Subject to section 55(2), if the Court quashes an order for the

destruction of an animal, the keeper may, within 14 days of the making of the order, reclaim the animal from the pound upon payment of all prescribed fees in relation to the seizure and subsequent holding of the animal.

(2) If an animal is not reclaimed within 14 days Council may make an ex

parte application to the Court to vacate the order quashing the destruction order.

(3) Immediately upon the Court making an order under subsection (2),

Council will be entitled to act under the original destruction order. Evidence 57. (1) In any proceedings under or in relation to this local law, a certificate

purporting to be signed by the Chief Executive Officer or a delegate of the Chief Executive Officer, stating any of the following matters is evidence—

(a) of the state of, or a fact appearing from, a Council record; (b) that on a stated day, or during a stated period, a stated person

was or was not the holder of a permit under this local law;

(c) that a stated document is a true copy of a notice, declaration or order given under this local law;

14 Costs, including legal professional costs and disbursements shall be determined under the scale of costs

set out in the Justices Regulation 1993.



(d) that on a stated day, a stated person was given a stated notice, declaration or order under this local law.

(2) In any proceedings under this local law arising from the revocation of a

permit under section 20 it will not be necessary to prove— (a) the facts giving rise to the revocation or the making of the

declaration; or (b) Council’s opinion justifying the revocation; or

(c) the basis of, or the fact of, an authorised person’s belief giving rise to the making of the declaration.

Evidentiary provisions for animal noise 58. (1) This section applies to a proceeding for a contravention of section 27 in

which more than one animal was present at the premises where the noise nuisance is alleged to have occurred.

(2) An authorised person may give evidence of noise nuisance under

sections 27 and 28 without any requirement to prove which animal caused the noise, or whether the noise was caused by more than one animal.

No right to compensation 59. The exercise by Council in good faith of any authority conferred upon it by this

local law does not give rise to a claim for compensation by any person.

PART 7—MISCELLANEOUS Subordinate local laws 60. Council may make subordinate local laws about any or all of the following—

(a) the exclusion of animal species from the application of this local law pursuant to section 3, (Definitions) of this local law;



(b) the requirement for a permit to keep an animal pursuant to section 7 (Requirement to hold permit) of this local law;

(c) criteria for the imposition of a permit requirement to keep an animal

pursuant to section 7(2), (Requirement to hold permit) of this local law; (d) matters required to be lodged with Council in application for a permit

pursuant to section 9, (Application for permit) of this local law; (e) standards of hygiene for the keeping or breeding of animals which may

be specified as a condition of a permit pursuant to section 13, (Subject matter for conditions) of this local law;

(f) requirements for enclosures for the keeping, breeding or sale of animals

which may be specified as a condition of a permit pursuant to section 13, (Subject matter for conditions) of this local law;

(g) the type of permanent identification mark which may be required as a

condition of a permit pursuant to section 13, (Subject matter for conditions) of this local law;

(h) matters about which conditions may be imposed on permits pursuant to

section 13, (Subject matter for conditions), of this local law; (i) conditions which must or will ordinarily be imposed on permits pursuant

to section 14, (Permit conditions specified in local law) of this local law; (j) types of animals for which, or particular circumstances in which, permits

must not or in ordinary circumstances will not, be issued pursuant to section 15, (Circumstances in which permits will not ordinarily be issued) of this local law;

(k) minimum standards for the keeping of animals pursuant to section 21,

(Prescription of minimum standards) of this local law; (l) prohibitions on the keeping of an animal pursuant to section 23,

(Prohibition of the keeping of certain animals) of this local law;

(m) the manner in which animal excrement is to be removed from a public place and disposed of pursuant to section 26, (Animal excrement to be cleaned up) of this local law;



(n) animals to which the requirement to clean up excrement will apply pursuant to section 26, (Animal excrement to be cleaned up) of this local law;

(o) acceptable methods of disposing of animal excrement pursuant to

section 26, (Animal excrement to be cleaned up) of this local law;

(p) information about impounded animal required to be recorded in the register of impounded animals, pursuant to section 32, (Register of impounded animals) of this local law;

(q) the period within which an animal can be reclaimed from a pound;

pursuant to section 33 (Release of impounded animals), of this local law; (r) any other matter about which this local law specifically allows for the

making of subordinate local laws.



Endnotes

List of amendments

s 3(def) om Def “Dangerous Dog” Animals Repealing Local Law 2009 Requirement to hold permit s 7(2)(b) om Animals Repealing Local Law 2009 Requirement to register animal s21 om Animals Repealing Local Law 2009 Obligation to register s 22 om Animals Repealing Local Law 2009 Obtaining registration s 23 om Animals Repealing Local Law 2009 Revocation of registration s 24 om Animals Repealing Local Law 2009 Prohibition on giving misleading information s 25 om Animals Repealing Local Law 2009 Dangerous dogs s 35 om Animals Repealing Local Law 2009 Dangerous dogs to be muzzled s 36 om Animals Repealing Local Law 2009 Power to seize animals and impound for destruction s 46(b) om Animals Repealing Local Law 2009 s 46(d) om Animals Repealing Local Law 2009 Power to seize and destroy animals s 48(1)(b) om Animals Repealing Local Law 2009 Power to enter a place to seize dangerous dogs s 50 om Animals Repealing Local Law 2009 Original decisions s56(b) om Animals Repealing Local Law 2009 Show cause notices s 58(1)(b) om Animals Repealing Local Law 2009 Powers of court on appeal s 60(3)(a) om Animals Repealing Local Law 2009 Evidence s 64(1) amd Administrative Arrangements Amendment Local Law 2013 s 4 s 64(1)(c) om Animals Repealing Local Law 2009 s 64(1)(d) om Animals Repealing Local Law 2009 s 64(2)(b) om Animals Repealing Local Law 2009 s 64(2)(d) om Animals Repealing Local Law 2009 Transitional s 67 om Animals Repealing Local Law 2009 Subordinate local laws s 68(b) om Animals Repealing Local Law 2009 68(l) om Animals Repealing Local Law 2009



68(m) om Animals Repealing Local Law 2009 68(s) om Animals Repealing Local Law 2009 68(t) om Animals Repealing Local Law 2009 Repeal 69 om Animals Repealing Local Law 2009 Law renumbered Consolidated version 2013

Documents

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