2018-08-07 S&O Agenda - Att 5 to Item 7 - Local Law Amendments

                        Noosa Shire Council Local Law No. 2 (Animal Management) 2015                                5



Part 2                         Keeping of animals

Division 1                     Prohibition on keeping animals

5      Prohibition on keeping animals in prescribed circumstances
       (1) The local government may, by subordinate local law, prohibit the keeping of
           animals in prescribed circumstances.
       (2) The circumstances in which the keeping of animals is prohibited may be specified by
           reference to 1 or more of the following factors—
              (a)     species;
              (b)     breed;
              (c)     sex;
              (d)     age;
              (e)     number;
              (f)     whether an animal is a restricted dog;3
              (g)     the locality in which the animal would be kept;
              (h)     the nature of the premises in which the animal would be kept, including the
                      size of the enclosure or the size of the allotment.4
              Example for subsection (2)—
                A prohibition may be imposed in relation to keeping certain species or a prescribed number of
                animals of a certain species in an urban locality.
       (3) A person must not keep an animal in contravention of a prohibition under this
           section.
              Maximum penalty for subsection (3)—50 penalty units.

Division 2                     Animals for which approval is required

6      Requirement for approval
       (1) Subject to subsections (3) and (4), the local government may, by subordinate local
           law, require an approval5 for keeping an animal or animals in prescribed
           circumstances.


3
 Section 72(3) of the Animal Management (Cats and Dogs) Act 2008 provides: “A permit application may be
made for more than 1 restricted dog for the same place only if the keeping of more than 1 restricted dog and
more than 1 dog of any breed is permitted under a local law.”
4
  See the Animal Management (Cats and Dogs) Act 2008, chapter 4, regarding particular conditions on keeping
regulated dogs, including requirements about enclosures.
5
  Keeping an animal for which an approval is required under this local law is a prescribed activity under
schedule 2 of Local Law No. 1 (Administration) 2015. The process for obtaining an approval for a prescribed
activity is set out in part 2 of that local law and section 6 creates an offence for a person undertaking a prescribed
activity without a current approval.