Is There A Limit On The Number Of Dogs I Can Own?

[Steve]

Recently many people have contacted the MDBA with problems because their local councils have said they cant have more than 2 dogs - this is information pertinent to NSW dog owners.

Page 17 http://www.dlg.nsw.gov.au/DLG/DLGHome/Docu...tion/CA_FAQ.pdf

Is there a limit on the number of companion animals I can own?

No. There is no limit on the number of animals that a person can own, provided that the animals are properly cared for and do not pose a nuisance, health or safety risk to other members of the community.

However, councils can develop policies either through their Local Companion Animal Management Plans or as Local Orders Policies, which provide guidance as to the number of animals considered acceptable in your local area. These policies will only be applied where health, safety, amenity or animal welfare problems are identified and are subject to public consultation before being adopted by council.

A Local Orders Policy in relation to the keeping of animals serves two purposes: firstly, to provide a guideline for all local residents on what is generally considered an appropriate number and kind of animals which may be kept; and secondly, to provide publicly accepted and documented criteria which council will use in investigating any complaint that animals kept by a particular person pose a health or safety risk to other members of the community.

Councils do not have powers under either the Local Government Act or the Companion Animals Act to generally enforce a limit on the number of animals kept as pets by all residents. Nor do councils have powers to require a person to apply for approval to keep more than the number of animals specified in a Local Orders Policy.

If you are operating a business involving the keeping of animals, such as a breeding or boarding establishment, you must comply with the usual procedures and requirements for obtaining approval to operate a business. In these circumstances, you are also required to comply with the Code of Practice - Breeding Dogs, Code of Practice - Breeding Cats, or the Code of Practice - Dogs and Cats in Animal Boarding Establishments under the Prevention of Cruelty to Animals Act 1979, as issued by the Animal Welfare Unit of the Division of Primary Industries (Agriculture

Edited August 24, 2010 by Steve

[Trisven13]

So does being a hobby breeder equate to running a breeding establishment or would you need to be at the level where you have to do tax returns etc?

[Rysup]

I dont think it does Tris.

I had council come out 3 years ago as a neighbour had complained we were running a business with the dogs. They scanned all my dogs mircochips, took photos of their accommodation, and that was pretty much the last of it. I laughed at her when she told me. I have not made a profit on a litter in over 10 years, and I have about 1 litter every 3 or 4 years. I think from memory, in the end, we just had to write a letter to council stating that we were not running a business, and that the dogs were kept for hobby purposes only.

[redkidsmum]

Recently many people have contacted the MDBA with problems because their local councils have said they cant have more than 2 dogs - this is information pertinent to NSW dog owners.

Page 17 http://www.dlg.nsw.gov.au/DLG/DLGHome/Docu...tion/CA_FAQ.pdf

Is there a limit on the number of companion animals I can own?

No. There is no limit on the number of animals that a person can own, provided that the animals are properly cared for and do not pose a nuisance, health or safety risk to other members of the community.

However, councils can develop policies either through their Local Companion Animal Management Plans or as Local Orders Policies, which provide guidance as to the number of animals considered acceptable in your local area. These policies will only be applied where health, safety, amenity or animal welfare problems are identified and are subject to public consultation before being adopted by council.

A Local Orders Policy in relation to the keeping of animals serves two purposes: firstly, to provide a guideline for all local residents on what is generally considered an appropriate number and kind of animals which may be kept; and secondly, to provide publicly accepted and documented criteria which council will use in investigating any complaint that animals kept by a particular person pose a health or safety risk to other members of the community.

Councils do not have powers under either the Local Government Act or the Companion Animals Act to generally enforce a limit on the number of animals kept as pets by all residents. Nor do councils have powers to require a person to apply for approval to keep more than the number of animals specified in a Local Orders Policy.

If you are operating a business involving the keeping of animals, such as a breeding or boarding establishment, you must comply with the usual procedures and requirements for obtaining approval to operate a business. In these circumstances, you are also required to comply with the Code of Practice - Breeding Dogs, Code of Practice - Breeding Cats, or the Code of Practice - Dogs and Cats in Animal Boarding Establishments under the Prevention of Cruelty to Animals Act 1979, as issued by the Animal Welfare Unit of the Division of Primary Industries (Agriculture

Steve to you know if this also applies in Queensland

[Crazy Daisy]

This is why I'm trying to convince OH to move to just over the border. I hate that now my council says that even though I have 1 1/2 acres I am only allowed two dogs. We bought this place because I could have four dogs and now they've gone and changed the rules.

Off to look at NSW properties again

[~Anne~]

Steve to you know if this also applies in Queensland

I can answer on her behalf, no, it applies to NSW only.

[RubyStar]

I wish all states would follow NSW's sensible lead in the keeping of dogs.

[mish13]

This is why I'm trying to convince OH to move to just over the border. I hate that now my council says that even though I have 1 1/2 acres I am only allowed two dogs. We bought this place because I could have four dogs and now they've gone and changed the rules.

Off to look at NSW properties again

I am on the Gold Coast and was granted a permit to have my four dogs and we have a quarter acre block. Have you applied to have your four where you currently live?

[Crazy Daisy]

This is why I'm trying to convince OH to move to just over the border. I hate that now my council says that even though I have 1 1/2 acres I am only allowed two dogs. We bought this place because I could have four dogs and now they've gone and changed the rules.

Off to look at NSW properties again

I am on the Gold Coast and was granted a permit to have my four dogs and we have a quarter acre block. Have you applied to have your four where you currently live?

I currently have two but I hate that I would have to buy a puppy first before they can give approval. I can't imagine saying to my three kids "Sorry the council says no to 'puppy' so we either have to sell our family home and move or take 'puppy' back to the breeder. It's such a horrible thought, but could happen.

Daisy might just be our 2nd cat

[mish13]

This is why I'm trying to convince OH to move to just over the border. I hate that now my council says that even though I have 1 1/2 acres I am only allowed two dogs. We bought this place because I could have four dogs and now they've gone and changed the rules.

Off to look at NSW properties again

I am on the Gold Coast and was granted a permit to have my four dogs and we have a quarter acre block. Have you applied to have your four where you currently live?

I currently have two but I hate that I would have to buy a puppy first before they can give approval. I can't imagine saying to my three kids "Sorry the council says no to 'puppy' so we either have to sell our family home and move or take 'puppy' back to the breeder. It's such a horrible thought, but could happen.

Daisy might just be our 2nd cat

Sorry should have read your post better, I thought it said you already had four dogs.

I had my four dogs at this house for six years before I applied for my permit so you can imagine how nervous I was. A lot of people said why bother but I was nervous every time I walked them. I worried if a dog catcher stopped me what would I do, plus we were paying for two post office boxes just so we had different address's.

[Steve]

The problem is that councils are able to introduce their own by laws and they have been doing a pretty good job of pushing people around with them.

Many people in NSW think they are restricted to owning only two dogs in their shire which is not true.

If you happen to own an entire bitch or two that is not evidence that you are involved in the business of breeding.According to the ATO You are not in business unless you fit certain criteria - if you have any doubt go to their website and run through their eligibility tool for an ABN- http://calculators.ato.gov.au/scripts/axos...t.xr4&go=ok

Remember though that any more than two you have to house at least 15 metres from a dwelling or a place used to prepare food and the codes of practice for breeding are for anyone involved in the ACTIVITY of breeding dogs.

[dancinbcs]

So does being a hobby breeder equate to running a breeding establishment or would you need to be at the level where you have to do tax returns etc?

A business is defined by the tax department, so if you are not making enough profit to defined as a business for tax purposes then you are not a business by the companion animal act either. Many breeders have tried to register as a business to claim their expenses but I don't know any show breeder who has succeeded. The Tax department require you to make a profit in the first three years to declare anything a business. When you take out all the deductions involved in keeping, showing and breeding dogs , the average hobby breeder that only has 1-3 litters a year cannot even get close to making a profit over three years.

[Steve]

So does being a hobby breeder equate to running a breeding establishment or would you need to be at the level where you have to do tax returns etc?

A business is defined by the tax department, so if you are not making enough profit to defined as a business for tax purposes then you are not a business by the companion animal act either. Many breeders have tried to register as a business to claim their expenses but I don't know any show breeder who has succeeded. The Tax department require you to make a profit in the first three years to declare anything a business. When you take out all the deductions involved in keeping, showing and breeding dogs , the average hobby breeder that only has 1-3 litters a year cannot even get close to making a profit over three years.

yep

[GeckoTree]

The other thing I like about NSW is the lifetime rego, thats brilliant.

[mish13]

The other thing I like about NSW is the lifetime rego, thats brilliant.

God I wish we had that, this week I am paying three years rego for four dogs and one cat not cheap.

[MolassesLass]

I currently have two but I hate that I would have to buy a puppy first before they can give approval. I can't imagine saying to my three kids "Sorry the council says no to 'puppy' so we either have to sell our family home and move or take 'puppy' back to the breeder. It's such a horrible thought, but could happen.

Daisy might just be our 2nd cat

If you are in Brisbane Council I'm pretty sure you can apply before you have the extra dog (at least that's how it was a few years ago).

Info

If you aren't a DogsQld member, the dogs need to be desexed and the permit has a yearly fee (on top of registration).

[SharpShep]

My mum always had 3 dogs of the same breed for years in a 2 dog maximum council and just recently I asked her how did she used to get the 3rd dog approved. I guess she was a bit naughty, but she never had her 3rd registered. She said they all looked pretty much the same and most people didn't realise she actually had 3 dogs and never presented an issue or was ever officially questioned about how many she had.

Not that she was right in her judgement or that I agree with what she used to do, but she maintained that providing the dogs were looked after properly, didn't cause a nuisence like excessive barking etc to raise unwanted attention no one really cares about it???. She had done this for over 20 years and I kind of wondered if she was just fortunate to get away with it, or if an excess of dogs is something people become concerned over like dobbing you in or making enquiries if you have the required approvals???.

I have some friends who register a 3rd dog at another address...........one was questioned over a barking incident where the ranger found 3 dogs where my friend's husband said the 3rd was his brother's dog he was looking after for a couple of weeks. The ranger just said "oh ok" and asked him to keep the barking down and wasn't a big deal apparantly???.

I guess it depends on the council, but I wondered how vigilant the rangers are generally chasing up people with too many or perhaps unregistered dogs???.

[Crazy Daisy]

After the amalgamation I am now in Logan Council and am really happy they have reduced the cost of registration for DogsQLD members now to $50 instead of $90 and desexed dogs down to $20 from $40. But you have to pay yearly, we can't pay for three years anymore. I wish we were able to do lifetime regos like NSW as well.

[Kirty]

I take it this does not apply to Victoria either?

[Steve]

NSW Only