2014-08-19 Infrastructure and Services Committee Agenda

INFRASTRUCTURE & SERVICES COMMITTEE MEETING AGENDA                            19 AUGUST 2014


of that property as part of this systematic inspection program. Details of the inspection and
findings are to be recorded as part of this program.

It is proposed that a systematic inspection program is undertaken by Council’s Local Law Officers
within the Public Order team, commencing on 1 October 2014 and continuing until 20 December
2014 (if required). Officers will undertake an inspection of the properties where a regulated dog
was last known to have been kept according to Council records. The cost to undertake this
program is estimated to be $2,000 which will be funded via the regulatory fees collected from the
regulated dog owners.

Legal
Council has an obligation to the community to ensure that dogs identified and declared as
dangerous or menacing are being monitored to comply with the Act.

In particular:
•     Section 3 identifies the purpose of the Act is to provide for the effective management of
      regulated dogs
•     Section 59 provides for the protection for the community from damage or injury from
      regulated dogs and controlled and kept in a way that is consistent with community
      expectations
•     Section 89 provides for the power to declare a dog dangerous or menacing
•     Section 96 imposes mandatory conditions on the owner of a regulated dog; and
•     Section 113 provides local government the power to approve an inspection program to
      monitor compliance with the mandatory conditions.

An approved systematic program enables authorised officers to enter a property at a reasonable
time (other than at night) to ensure compliance with mandatory conditions of the declaration are
met. The approval of the proposed systematic inspection program is in accordance with the
requirements of the Animal Management (Cats and Dogs) Act 2008.

Due to the potential risk of regulated animals not being kept in accordance with the mandatory
conditions of the declaration, the Act provides considerable powers to authorised officers to
require compliance.

Policy
Council’s Compliance and Enforcement Policy identifies how Council is to meet its statutory
obligations, exercise its compliance and enforcement actions and provide community confidence
in the manner in which Council deals with compliance and enforcement activities and the
impartiality of Council’s decision making process.

Local governments in Queensland have a responsibility to control regulated dogs within their
boundaries in accordance with the Animal Management (Acts and Dogs) Act 2008. The
nominated systematic inspection program contributes to the effective proactive management of
regulated animals within the region.

Previous Council Consideration

Nil

Finance & Risk

The cost to undertake this program is estimated to be $2,000 which will be funded via the
regulatory fees collected from the regulated dog owners.



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