Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2003

i Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2003 S.R. No. 39/2003 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 2 3. Principal Regulations 2 4. Commencement 2 5. Permanent identification 2 6. Enclosures for dangerous dogs 5 7. New regulations 7B and 7C inserted 5 7B. Enclosure for restricted breed dog 5 7C. Offence for not providing enclosure 7 8. New regulation 8A inserted 7 8A. Restricted breed dog warning sign 7 9. New Regulation 11A inserted 8 11A. Application fee for review of decision to declare dog a restricted breed dog 8 10. Insertion of new regulation 16 8 16. Transitional provisions—Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2003 8 11. New Schedule 1A inserted 10 12. Schedule 4 amended 10 ═══════════════ ENDNOTES 11 -- 1 of 12 -- 1 STATUTORY RULES 2003 S.R. No. 39/2003 Domestic (Feral and Nuisance) Animals Act 1994 Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2003 The Governor in Council makes the following Regulations: Dated: 20 May 2003 Responsible Minister: BOB CAMERON Minister for Agriculture HELEN DOYE Clerk of the Executive Council 1. Objectives The objectives of these Regulations are to amend the Domestic (Feral and Nuisance) Animals Regulations 1996— (a) to amend the manner of permanent identification of animals; and (b) to prescribe requirements relating to the permanent identification of restricted breed dogs; and (c) to prescribe the requirements for enclosures for restricted breed dogs; and (d) to prescribe warning signs for restricted breed dogs; and -- 2 of 12 -- S.R. No. 39/2003 Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2003 2 (e) to prescribe the application fee for review of a decision to declare a dog a restricted breed dog; and (f) to make miscellaneous amendments to those regulations. 2. Authorising provision These Regulations are made under section 100 of the Domestic (Feral and Nuisance) Animals Act 1994. 3. Principal Regulations In these Regulations, the Domestic (Feral and Nuisance) Animals Regulations 19961 are called the Principal Regulations. 4. Commencement These Regulations come into operation on 20 May 2003. 5. Permanent identification (1) For regulation 5(1)(b) of the Principal Regulations substitute— "(b) in any other case, implantation of a 134⋅2 kHz microchip, the information on which— (i) is capable of individually identifying the animal implanted with the microchip; and (ii) includes an identification number, the first 3 digits of which are the manufacturer's code allocated to the manufacturer of the microchip by the International Committee for Animal Recording; and (iii) is capable of being detected and decoded by a multireader.". r. 2 -- 3 of 12 -- S.R. No. 39/2003 Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2003 3 (2) For regulation 5(2) of the Principal Regulations substitute— "(2) For the purposes of section 19(2) of the Act, the prescribed manner of permanent identification is implantation of a 134⋅2 kHz microchip, the information on which— (a) is capable of individually identifying the dog implanted with the microchip; and (b) includes an identification number, the first 3 digits of which are the manufacturer's code allocated to the manufacturer of the microchip by the International Committee for Animal Recording; and (c) is capable of being detected and decoded by a multireader.". (3) After regulation 5(4) of the Principal Regulations insert— "(5) In the case of a dog that has been declared under section 10(3) of the Act to be a restricted breed dog— (a) if that dog has not been permanently identified in the manner prescribed in sub-regulation (2) before being so declared, the owner must within 7 days of the dog being permanently identified, forward details of the dog's identification to the Council with which the dog is required to be registered; or (b) if that dog has been permanently identified in the manner prescribed in sub-regulation (2) before being so declared, the owner must, within 7 days of the declaration, forward details of r. 5 -- 4 of 12 -- S.R. No. 39/2003 Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2003 4 the dog's identification to the Council with which the dog is required to be registered. (6) In the case of a dog that has been declared under section 98A of the Act to be a restricted breed dog, and in respect of which declaration a review has not been applied for under section 98D of the Act within the time prescribed by section 98— (a) if that dog has not been permanently identified in the manner prescribed in sub-regulation (2) before being so declared, the owner must, within 7 days of the dog being permanently identified, forward details of the dog's identification to the Council with which the dog is required to be registered; or (b) if that dog has been permanently identified in the manner prescribed in sub-regulation (2) before being so declared, the owner must, within 7 days of the declaration, forward details of the dog's identification to the Council with which the dog is required to be registered. (7) In the case of a dog that has been affirmed under section 98F of the Act to be a restricted breed dog— (a) if that dog has not been permanently identified in the manner prescribed in sub-regulation (2) before being so affirmed, the owner must, within 7 days of the dog being permanently identified, forward details of the dog's identification to the Council with which the dog is required to be registered; or r. 5 -- 5 of 12 -- S.R. No. 39/2003 Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2003 5 (b) if that dog has been permanently identified in the manner prescribed in sub-regulation (2) before being so affirmed, the owner must, within 7 days of the affirmation, forward details of the dog's identification to the Council with which the dog is required to be registered.". 6. Enclosures for dangerous dogs In regulation 7(1)(c) of the Principal Regulations, after "metres" insert "for every dangerous dog kept at the owner's premises". 7. New regulations 7B and 7C inserted After regulation 7A of the Principal Regulations insert— "7B. Enclosure for restricted breed dog (1) For the purposes of section 41G(2)(c) of the Act, an enclosure for a restricted breed dog (that is outside any dwelling on the owner's premises) is a structure— (a) the perimeter of which must have a minimum height of 1⋅8 metres; and (b) if directed by an authorised officer under sub-regulation (4), the perimeter of which must have an inward-facing overhang of 0⋅7 metres angled at 35 degrees to the horizontal plane; and (c) that must have a minimum area of 10 square metres for every restricted breed dog kept at the owner's premises; and (d) that must be constructed of— (i) brick, concrete, timber, iron or similar solid materials; or r. 6 -- 6 of 12 -- S.R. No. 39/2003 Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2003 6 (ii) mesh which complies with sub- regulation (2); or (iii) any combination of those materials referred to in sub- paragraphs (i) and (ii); and (e) that must 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 (f) that must be designed to prevent children from climbing into the enclosure; and (g) that must be constructed to provide a weatherproof sleeping area for the dog; and (h) that if the structure contains gates, each gate must contain a childproof lock that has a self-closing and self-latching mechanism that enables the enclosure to be securely locked when the dog is in the enclosure; and (i) that must not be situated on premises in such a manner that people are required to pass through the enclosure. (2) Mesh used in the construction of fencing of an enclosure referred to in sub-regulation (1) must be— (a) chain mesh manufactured from 3⋅15mm wire to form a uniform 50mm mesh; or (b) weldmesh manufactured from 4mm wire with a maximum mesh spacing of 50mm. r. 7 -- 7 of 12 -- S.R. No. 39/2003 Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2003 7 (3) For the purposes of section 41G(2)(c) of the Act, an enclosure for a restricted breed dog may be a dwelling on the owner's premises if the dwelling is secured so that— (a) the dog cannot escape from the dwelling; and (b) a person cannot enter the dwelling without being admitted by the owner. (4) An authorised officer may direct an owner of a premises where 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. 7C. Offence for not providing enclosure The owner of a restricted breed dog must ensure that there is, outside any dwelling on his or her premises, an enclosure that complies with regulation 7B(1). Penalty: 5 penalty units.". 8. New regulation 8A inserted After regulation 8 of the Principal Regulations insert— "8A. Restricted breed dog warning sign (1) For the purposes of section 41H of the Act, a warning sign that complies with these Regulations is one that— (a) is a rectangle with a height of 10 cm and a width of 30 cm; and (b) is made of durable material; and r. 8 -- 8 of 12 -- S.R. No. 39/2003 Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2003 8 (c) is similar to the sign illustrated, coloured and set out in the manner indicated, in Schedule 1A. (2) A person must not display on any premises, other than a premises where a restricted breed dog is kept, a sign that resembles the sign in Schedule 1A. Penalty: 2 penalty units.". 9. New Regulation 11A inserted After regulation 11 of the Principal Regulations insert— "11A. Application fee for review of decision to declare dog a restricted breed dog For the purposes of section 98D(2)(c) of the Act, the prescribed application fee for review of a decision is $200.". 10. Insertion of new regulation 16 After regulation 15 of the Principal Regulations insert— '16. Transitional provisions—Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2003 (1) In the case of an animal that was not, immediately before the commencement day, a dangerous dog, regulation 5(1)(b) of the new regulations does not apply to the animal if the animal was— (a) immediately before the commencement day, permanently identified by the implantation of a microchip in accordance with regulation 5(1)(b) of the old regulations; and (b) at any time before the commencement day, registered under Part 2 of the Act. r. 9 -- 9 of 12 -- S.R. No. 39/2003 Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2003 9 (2) In the case of a dog that was, immediately before the commencement day, a dangerous dog or a restricted breed dog, regulation 5(2) of the new regulations does not apply to the dog if the dog was, immediately before the commencement day— (a) permanently identified by the implantation of a microchip in accordance with regulation 5(2) of the old regulations; and (b) registered under Part 2 of the Act. (3) In the case of a dog that is declared to be a dangerous dog or a restricted breed on or after the commencement day, regulation 5(2) of the new regulations does not apply to that dog if— (a) immediately before the commencement day, the dog was permanently identified by the implantation of a microchip in accordance with regulation 5(1)(b) of the old regulations; and (b) at the time that the dog is declared to be a dangerous dog or a restricted breed dog, the dog is registered under Part 2 of the Act. (4) In this regulation— "commencement day" means the day on which the Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2003 come into operation; "new regulations" means the Domestic (Feral and Nuisance) Animals Regulations 1996 as in force on and from the commencement day; r. 10 -- 10 of 12 -- S.R. No. 39/2003 Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2003 10 "old regulations" means the Domestic (Feral and Nuisance) Animals Regulations 1996 as in force immediately before the commencement day.'. 11. New Schedule 1A inserted After Schedule 1 to the Principal Regulations insert— "SCHEDULE 1A Regulation 8A RESTRICTED BREED DOG WARNING SIGN = Light turquoise = Sign text: Black, font size: 72, font: Times New Roman, font style: bold Sign border: 3 point black". 12. Schedule 4 amended In Schedule 4 to the Principal Regulations, in item 5 in column 2 for "23(2)" substitute "23(4)". ═══════════════ r. 11 Restricted Breed Dog on Premises -- 11 of 12 -- S.R. No. 39/2003 Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2003 11 ENDNOTES 1 Reg. 3: S.R. No. 25/1996 as amended by S.R. No. 62/2002. Endnotes -- 12 of 12 --