2015-02-03 P&O Agenda - Item 7 - Attachment 1 - Proposed Local Laws

                     Noosa Shire Council Local Law No. 2 (Animal Management) 2015                       13



            (b)    the responsible person for the animal has not complied with a compliance
                   notice that has been issued in relation to compliance with this local law; or
            (c)    the animal has attacked, threatened to attack, or acted in a way that causes
                   fear to, a person or another animal; or
            (d)    the authorised person considers on reasonable grounds that the animal has
                   been abandoned, left or found on a road in the circumstances mentioned in
                   section 100(12) of the Transport Operations (Road Use Management) Act
                   1995.22
      (2) An authorised person may seize a dog in the following circumstances—
             (a)    the dog is found wandering at large; or
             (b)    the responsible person for the dog has not complied with a compliance
                    notice that has been issued in relation to compliance with this local law; or
             (c)    the authorised person considers on reasonable grounds that the animal has
                    been abandoned, left or found on a road in the circumstances mentioned in
                    section 100(12) of the Transport Operations (Road Use Management) Act
                    1995.
      (3) The authorised person may seize an animal under subsection (1)(a) or a dog under
          subsection (2)(a) where—
             (a)    another person has found the animal or dog wandering at large and
                    delivered it to the authorised person; or
             (b)    an occupier of private land has found the animal or dog wandering at large
                    on the land, taken it under effective control and requested the authorised
                    person to enter the land to seize it.
      (4) However, an authorised person is not obliged to accept the custody of an animal
          under this section.
      (5) For the purposes of seizing an animal, an authorised person may take any action,
          including the use of force, which is reasonable in the circumstances to capture or
          control the animal.


Division 2                 Destruction of animal without notice

22    Power to immediately destroy seized animal
      (1) This section applies where an authorised person has seized an animal, other than a
          regulated dog,23 under this local law or another law.
      (2) The authorised person may, without notice, immediately destroy the animal if—
             (a)    the authorised person reasonably believes the animal is dangerous and the
                    authorised person can not control it; or

22
   The Transport Operations (Road Use Management) Act 1995, section 100(13) provides: “If a local law
provides for a matter mentioned in subsection (12), subsections (3) to (11) no longer apply in the local
government’s area.”
23
   See the Animal Management (Cats and Dogs) Act 2008, section 127, for power to destroy a seized regulated
dog.