Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2004
Victorian Legislation and Parliamentary Documents
i
Domestic (Feral and Nuisance) Animals
(Amendment) Regulations 2004
S.R. No. 162/2004
TABLE OF PROVISIONS
Regulation Page
1. Objective 1
2. Authorising provision 2
3. Commencement 2
4. Principal Regulations 2
5. Substitution of regulation 7 2
7. Enclosures for dangerous dogs and restricted breed dogs 2
6. Perimeter fencing for dangerous dog guarding non-residential
premises 5
7. Revocation of regulations 7B and 7C 5
8. Amendment to Schedule 4 to insert additional offences for
infringement notices 6
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ENDNOTES 7
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STATUTORY RULES 2004
S.R. No. 162/2004
Domestic (Feral and Nuisance) Animals Act 1994
Domestic (Feral and Nuisance) Animals
(Amendment) Regulations 2004
The Governor in Council makes the following Regulations:
Dated: 14 December 2004
Responsible Minister:
BOB CAMERON
Minister for Agriculture
DIANE CASEY
Clerk of the Executive Council
1. Objective
The objective of these Regulations is to amend the
Domestic (Feral and Nuisance) Animals
Regulations 1996—
(a) to prescribe penalties for further offences for
which an infringement notice may be issued;
and
(b) to amend the requirements for enclosures for
dangerous dogs and dogs declared under the
Act to be restricted breed dogs as a
consequence of amendments made to the
Domestic (Feral and Nuisance) Animals
Act 1994; and
(c) to revoke redundant provisions.
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Domestic (Feral and Nuisance) Animals (Amendment)
Regulations 2004
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2. Authorising provision
These Regulations are made under section 100 of
the Domestic (Feral and Nuisance) Animals Act
1994.
3. Commencement
These Regulations come into operation on
16 December 2004.
4. Principal Regulations
In these regulations, the Domestic (Feral and
Nuisance) Animals Regulations 19961 are referred
to as the Principal Regulations.
5. Substitution of regulation 7
For regulation 7 of the Principal Regulations
substitute
"7. Enclosures for dangerous dogs and
restricted breed dogs
(1) For the purposes of section 38(3)(c) of the
Act, a prescribed enclosure for a dangerous
dog or a dog declared under the Act to be a
restricted breed dog must
(a) have a minimum height of 1·8 metres;
and
(b) have a minimum area of 10 square
metres for every such dog kept at the
owner's premises; and
(c) provide a weatherproof sleeping area.
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(2) In the case of a dangerous dog, the enclosure
must, in addition to the requirements of sub-
regulation (1)
(a) be fully enclosed; and
(b) have a minimum width of 1·8 metres;
and
(c) have walls that are
(i) fixed to the floor; and
(ii) constructed to be no more than
50 mm from the floor; and
(d) have walls, a roof and a gate that are
constructed of
(i) brick, timber, iron or similar solid
materials; or
(ii) mesh which complies with sub-
regulation (4); or
(iii) any combination of those
materials referred to in sub-
paragraphs (i) and (ii); and
(e) have a floor that is
(i) constructed of sealed concrete;
and
(ii) graded to fall to a drain for the
removal of effluent; and
(f) have a gate that
(i) has a lock which enables the
enclosure to be securely locked
when the dog is in the enclosure;
and
(ii) is kept locked when the dog is in
the enclosure.
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(3) In the case of a dog declared under the Act to
be a restricted breed dog, the enclosure must,
in addition to the requirements of sub-
regulation (1)
(a) if the owner of the dog is directed by an
authorised officer under sub-
regulation (5), have a perimeter with an
inward-facing overhang of 0·7 metres
angled at 35 degrees to the horizontal
plane; and
(b) be constructed of
(i) brick, concrete, timber, iron or
similar solid materials; or
(ii) mesh which complies with sub-
regulation (4); or
(iii) any combination of those
materials referred to in sub-
paragraphs (i) and (ii); and
(c) be constructed and maintained in a
manner which prevents the dog from
being able to dig or otherwise escape
under, over or through the perimeter of
the enclosure; and
(d) be designed to prevent children from
climbing into the enclosure; and
(e) if the enclosure contains gates, each
gate must
(i) contain a self-closing and self-
latching mechanism that enables
the enclosure to be securely
locked when the dog is in the
enclosure; and
(ii) be kept locked when the dog is in
the enclosure; and
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(f) not be situated on premises in such a
manner that people are required to pass
through the enclosure.
(4) Mesh used in the construction of an
enclosure must be
(a) chain mesh manufactured from
3·15 mm wire to form a uniform 50 mm
mesh; or
(b) weldmesh manufactured from 4 mm
wire with a maximum mesh spacing of
50 mm.
(5) An authorised officer may direct an owner of
a premises, where a dog that is declared
under the Act to be a restricted breed dog is
housed in an enclosure, to ensure that the
perimeter of the enclosure has an inward-
facing overhang of 0·7 metres angled at
35 degrees to the horizontal plane if he or
she reasonably believes that the dog has
previously escaped over the perimeter of the
enclosure.".
6. Perimeter fencing for dangerous dog guarding non-
residential premises
In regulation 7A(1) of the Principal Regulations,
for "section 38(4)" substitute "section 38(2)(a)".
7. Revocation of regulations 7B and 7C
Regulations 7B and 7C of the Principal
Regulations are revoked.
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8. Amendment to Schedule 4 to insert additional
offences for infringement notices
In the table in Schedule 4 to the Principal
Regulations
(a) after item 12 insert—
"12A 38(1) Failure to ensure that
dangerous dog is
properly confined on
owner's residential
premises
2 penalty
units
12B 38(2) Failure to ensure that
dangerous dog is
properly confined on
owner's non-
residential premises
2 penalty
units";
(b) after item 13 insert—
"13A 41G Failure to ensure that
restricted breed dog
is properly confined
on owner's premises
1 penalty
unit".
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ENDNOTES
1 Reg. 4: S.R. No. 25/1996. Reprint No. 1 as at 18 March 2004. Reprinted to
S.R. No. 39/2003 and subsequently amended by S.R. No. 88/2004.
Endnotes
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