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Companion Animal Act Vs. Council Bylaws Which takes precedence?

#1 User is offline   Dogs Are Forever 

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Posted 27 June 2015 - 09:03 PM

My local Council is looking at bringing in rules regarding dog numbers. I think there is someone on here who has experience in this area, but I'd be interested in any helpful comments. TIA.

#2 User is offline   Comrade Catdogs 

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Posted 27 June 2015 - 11:06 PM

Are you in NSW?
I believe CAA overrides any council 'recommendation' but maybe things have changed. Try calling dept local govt (head office in Nowra).

#3 User is offline   Powerlegs 

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Posted 27 June 2015 - 11:12 PM

The Penrith Council changes?
Local Govt tries, and can bring changes in but you can fight it if the State Govt has already set legislation. Such as the CAA having no limit on dog numbers. That's my understanding.

#4 User is offline   Dogs Are Forever 

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Posted 28 June 2015 - 08:41 AM

Thanks people, very helpful.

This post has been edited by Dogs Are Forever: 28 June 2015 - 08:42 AM


#5 User is offline   Mrs Rusty Bucket 

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Posted 28 June 2015 - 12:39 PM

Here I think you can appeal to state court to override council directives / bylaws. Council are supposed to comply with our local government act but are frequently confused about what "providing for the needs of residents and rate payers" means. And both State and Local will cater to big corporations and stomp all over residents in the process.

A lot of state law including the Australian road rules - which each state had to pass their own version of (so much for national)... allows for councils to make local rules eg about allowing parking on verges in some areas instead of the national no parking on road verges which can be very dangerous in some places.

So it's probably similar with the Local Government act in combination with the dog and cat management act - there might be something in there that allows them to make additional requirements or freedoms on top of the state laws.

I think our council has a 2 dog limit but you can apply to have more dogs, and if the neighbours are agreeable then that's fine. What they don't want is the animal hoarder in suburbia with 50 noisy dogs or more on one house block all living in fleas and dog poop.

#6 User is offline   westiemum 

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Posted 28 June 2015 - 02:16 PM

Strictly speaking, state law will override council regulations every time - except where state law is silent or vague on an issue - then the council regs come into force. And Mrs RB is right - local councils IMO live in a perpetual state of confusion. Some might unkindly say they are too stupid for words. So its often useful to get advice and see what type of truck you can drive through council regulations. Posted Image

#7 User is offline   dogslife 

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Posted 28 June 2015 - 02:45 PM

Hi all. I am a Local Government Lawyer who also used to be an Elected Councillor.

The rules in NSW that are being discussed are ONLY relevant if there has been a complaint about noise or hygiene on a particular property.

The Companion Animal Act stands above all local Acts.

The amount of animals you can keep will not change UNLESS you are found guilty of a noise or odour issue. Then the local restrictions will be applied.

See Section 124 of the Local Government Act.

.

#8 User is offline   Willowlane 

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Posted 28 June 2015 - 03:08 PM

Thankyou dogslife

#9 User is offline   trifecta 

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Posted 28 June 2015 - 03:43 PM

Thank you dogs life, that is very useful information.

#10 User is offline   Powerlegs 

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Posted 28 June 2015 - 05:49 PM

View Postdogslife, on 28 June 2015 - 02:45 PM, said:

Hi all. I am a Local Government Lawyer who also used to be an Elected Councillor.

The rules in NSW that are being discussed are ONLY relevant if there has been a complaint about noise or hygiene on a particular property.

The Companion Animal Act stands above all local Acts.

The amount of animals you can keep will not change UNLESS you are found guilty of a noise or odour issue. Then the local restrictions will be applied.

See Section 124 of the Local Government Act.

.


Thanks dogslife. :)
My inbox got a rather panicky email from dogsNSW referring to the draft management plan. How do councils generally fare in getting these things instated?
http://dogsnsw.org.a...y_April2015.pdf

#11 User is offline   Dogs Are Forever 

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Posted 28 June 2015 - 07:31 PM

Thanks dogslife and others who have contributed. In fact this has come about because of some unfortunate dog attacks which happened close together, according to the local paper. I believe there is a group from DogsNSW meeting with a dog-friendly Councillor in the next day or so. If anyone is interested, this is on the DogsNSW FB page.

ETA: by "close" I mean in time.


This post has been edited by Dogs Are Forever: 28 June 2015 - 07:32 PM


#12 User is offline   Mrs Rusty Bucket 

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Posted 28 June 2015 - 08:36 PM

Bit puzzled about how they think those rules would stop dog attacks - especially if the council norm (Victoria excepted) was not to enforce.

#13 User is offline   sas 

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Posted 29 June 2015 - 10:17 AM

It irkes me that Dogs NSW has created panic for no good reason.

#14 User is offline   Steve 

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Posted 29 June 2015 - 10:35 AM

View Postsas, on 29 June 2015 - 10:17 AM, said:

It irkes me that Dogs NSW has created panic for no good reason.


me too - I think perhaps they should get a bit educated on development applications and such which have been in place since I can remember.

Dogslife is of course correct they cant stop you owning as many dogs as you want unless they have complaints but under other laws they can within reason state under what conditions you can use your property. They can put restrictions on breeding just as you need council approval to run any business from home you also have always needed council approval to breed dogs, rescue dogs etc from your own home. owning dogs is just that but as soon as you start breeding or keeping rescue dogs - which is considered running a business or a hobby from your property its not covered under the companion animals act - never has been.

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