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

                       Noosa Shire Council Local Law No. 2 (Animal Management) 2015             17


                         (i)      an application for a review or an appeal is made relating to the
                                  destruction order and, as a result of the review or appeal, the
                                  order is no longer in force; and
                         (ii)     the owner or responsible person has satisfied subsection (2)(b)-
                                   (d).


Division 4                      Destruction of animal following notice

30       Destruction orders
         (1) An authorised person may make an order (a destruction order) stating the person
             proposes to destroy an animal 14 days after the order is served.
         (2) A destruction order may only be made in 1 or more of the following
             circumstances—
                (a)   the animal has attacked, threatened to attack, or acted in a way that causes
                      fear to, a person or another animal; or
                (b)   the animal is a declared dangerous animal and was found wandering at
                      large; or
                (c)   the animal has been seized more than 3 times during a 12 month period.
         (3) The destruction order must—
                (a)   be served on a person who owns, or is a responsible person for, the animal;
                      and
                (b)   include or be accompanied by an information notice.25
         (4) If a destruction order is made for the animal, the person may destroy the animal 14
             days after the order is served if no review application has been made relating to the
             decision to make the order.
         (5) If an application for review has been made relating to the decision to make the
             order, the person may destroy the animal if—
                (a)   the review is finally decided or is otherwise ended; and
                (b)   the order is still in force; and
                (c)   the time allowed for filing a notice of appeal has expired and no notice of
                      appeal has been filed.
         (6) If an appeal is made relating to the decision to make the order, the person may
             destroy the animal if—
                (a)   the appeal is finally decided or is otherwise ended; and
                (b)   the order is still in force.
         (7) If the animal has been impounded, the owner or responsible person for an animal
             may reclaim the animal if—



25
     See note 17.