Your Local Council

Council Meetings Minutes 27 January 1998

Council Meetings Minutes Index
How to Search Council Meetings Minutes

98

Companion Animals White Paper (183-5)

Report dated 16 January 1998 from the Acting Director of Planning & Environmental Services about Companion Animals - White Paper

Recommended:

1. The information be received and noted, and Councillors be invited to submit comments.

1. Council invite input from the local community on the white paper through precinct committees and notification in local papers.

The Minister for Local Government released the NSW Companion Animals White Paper for public comment on 4 December 1997. The paper was developed by a 17 member working party after consideration of more than 4600 submissions received in response to the green paper released in May 1996.

The White Paper contains proposals for a new Companion Animals Act to be introduced into Parliament early this year. The aim of the new legislation will be to promote the welfare of companion animals and responsible ownership. It will replace the present Dog Act. It is intended to strike a balance between the needs of those in the community who own companion animals and those who do not.

Content

The purpose of this report is to outline the proposed legislation which includes Codes of Practice that set minimum standards for the care of companion animals, define community responsibilities, and takes into account the effect companion animals can have on the environment.

The White Paper is divided into 3 main areas - Summary, Issues,& Appendices.

1. Summary - the summary addressed the following questions:

* What is a companion animal?

* What is responsible care?

* How are animals cared for and managed now?

* What's happening in other states?

Also, the summary addresses:

* The proposed Companion Animals Act

* The process from here

* The working party.

2. Issues - the paper also lists the major issues and areas for action. The section under each issue provides details of the current provisions or explains where no provisions exist, and then sets out the details of the proposed legislation in relation to each area.

There are 15 issues -

Issue 1 - Responsible Care

Issue 2 - Community Education & Awareness

Issue 3 - Identification and Registration

Issue 4 - Sale and Transfer of Ownership

Issue 5 - Number of Cats & Dogs

Issue 6 - De-sexing and Breeding

Issue 7 - Cats

Issue 8 - Cat Curfews

Issue 9 - Dogs

Issue 10 - Dangerous Dogs

Issue 11 - Security Dogs

Issue 12 - Trained Assistance Animals

Issue 13 - Environmental & Health Issues

Issue 14 - Fees, Penalties Costs & Incomes

Issue 15 - Implementation & Enforcement

3. Appendices - There are 3 areas of additional information attached to this paper as follows:

Appendix 1 - Working Party Membership

Appendix 2 - Existing Offences & Penalties under the Dog Act 1966 (for all dogs other than those which have been declared as dangerous) which may be dealt with by 'on the spot' fines or in court

Appendix 3 - Existing Offences & Penalties under the Dog Act 1966 and the Crimes Act 1900 for dangerous dogs and proposed new penalties for dangerous dogs and dogs of 'prescribed breeds' under the new Act.

Some of the issues covered in the white paper have been considered by Council. Below is a summary of the more significant elements of the proposed legislation and our current policy or actions:

Community Education & Awareness (Issue 2)

Council held a responsible dog ownership forum on Wednesday 22 October attended by approximately 120 people who represented the range of interests and responsible dog ownership in Waverley.

The purpose of the forum was to develop practical strategies which the community and council could implement to encourage responsible dog ownership. The process of developing these practical strategies was through a series of work groups on 4 topics identified as being central to the issue of responsible dog ownership. These were:

* Needs and concerns about dogs on beaches

* Needs and concerns about dogs in public places

* Needs and concerns about keeping dogs happy in a densely populated area

* Needs and concerns about dogs defecating in public places

The feedback from the community about the format of the forum was very positive and a report summarising the major outcomes of this forum and making recommendations about implementations of these outcomes was submitted for Council's consideration at its meeting on 9 December 1997 when Council agreed to:

- endorse a draft responsible dog ownership policy and submit it for community consultation.

- approve the introduction of a dog registration amnesty to commence in February 1998 and conclude in May 1998.

And

- endorsed a feedback process to the community and forum participants on the outcomes of the forum.

Ongoing co-ordinated community education will be a central component of the new legislation. There will be provision for a proportion of the permanent identification and lifetime registration fees to be used to establish a statewide companion animals fund. Local councils will be encouraged to take a more active role in community education at their local level and to develop a local companion animals plan reflecting the special needs of each community and to establish a local companion animals advisory committee.

In recognition of the additional costs entailed, Council will have the option of raising operational funds through a special one-off rate increase to off-set additional staffing costs. The Department's preliminary estimates indicate that an amount averaged at around $5.00 per rateable assessment would be sufficient to provide funds for a pro-active council animal management program. Councils will only be entitled to raise this charge if they establish a local advisory committee and engage in extensive community consultation when developing a local management plan.

Numbers of Cats & Dogs (Issue 5)

Council's current policy on the keeping of pet animals restricts the number of pets to 2 cats or dogs on each premises. Permission may be given for additional animals having regard to the circumstances in each particular case.

The proposed legislation does not limit the number of companion animals which can be kept, as long as the carer ensures that both the welfare of animals and community amenity is maintained.

Council will still be able to limit numbers, of companion animals, in particular instances under the Local Government Act 1993 by the serving of an Order 18 under Section 124 of the Local Government Act.

Environment & Health Issues (Issue 13)

A major problem with the current Dog Act is that it requires dog owners to remove droppings from the footpath but allows the droppings to be deposited in the road carriageway (street gutter).

Reference to this environmental problem is made in issue 13 of the white paper with the proposed legislation requiring that if a dog defecates in any public place the droppings are to be immediately removed and disposed of properly by the carer.

Consultation

All councils are invited to comment on the white paper. Involvement from local councils will be crucial in ensuring the companion animals legislation is enforceable and compliments the Local Government Act 1993 and other legislation.

Community comment on any of the issues in the white paper or any other matter in relation to companion animals or dogs is also invited.

The closing date for public comment on the Companion Animals White Paper is Friday 13 February 1998.

Recommendation

1. The information be received and noted, and Councillors be invited to submit comments.

1. Council invite input from the local community on the white paper through precinct committees and notification in local papers.

P J Brennan

Acting Director - Planning & Environmental Services

Author: Brian O'Leary

Back to Meeting Minutes Index