The department is responsible for administering the Cat Act 2011 (the Cat Act) and the Dog Act 1976 (the Dog Act). The acts and associated regulations apply throughout Western Australia.
The Cat Act requires the identification, registration and sterilisation of domestic cats, and gives local governments the power to administer and enforce the legislation. The legislation, which took full effect in November 2013, provides for better management of the unwanted impacts of cats on the community and the environment, and encourages responsible cat ownership. Local governments enforce and administer the Cat Act. Members of the public with queries about registration, microchipping and sterilisation should contact their local government.
The department is responsible for ensuring that the Cat Act is up to date and fit for purpose. The Cat Act requires the identification, registration and sterilisation of domestic cats, and gives local governments the power to administer and enforce the legislation.
Local governments enact local laws and are responsible for enforcing the Cat Act. Local laws enacted by a local government apply only to the area administered by that local government and are not statewide laws. Information about local laws relating to cats can be obtained from the relevant local government along with information about microchipping, sterilisation, registration and stray cats.
The Dog Act contains a range of measures to improve community safety, encourage responsible dog ownership, enable nuisance behaviour to be more effectively dealt with and to recognise assistance dogs. The Dog Act requires that all dogs must be microchipped. The Dog Act recognises assistance dogs that are commonly used by people with a disability. The department has responsibility for approving assistance dogs that have not been trained by a recognised organisation. The department also approves applications to become an independent Public Access Test Assessor.
The legal rights and responsibilities of dog owners are outlined in the Dog Act, the Dog Regulations 2013 and in local government local laws. Collectively, these laws provide for the registration, ownership and control of dogs in Western Australia.
Local governments are responsible for enforcing the Dog Act within their respective districts. You can contact your local government if you have any queries about registration, microchipping, sterilisation or nuisance barking.
Dogs are an important part of many Western Australian families and promoting responsible dog ownership and the future health and welfare of dogs is a key priority for the State Government.
People with assistance dogs trained by accredited organisations are automatically granted public access rights under the Dog Act 1976. Public access rights for other assistance dogs may be granted on application to the department. The applicant must be able to demonstrate that there is a need for an assistance dog and that the dog meets the specified training criteria.
In WA, racing greyhounds are registered with Racing and Wagering Western Australia.
When greyhounds are retired from racing, they are deregistered and can be adopted as pets through the Greyhounds as Pets program, or through other animal rescue and adoption organisations.
All dogs bark but some barking dogs become a nuisance. Excessive barking is one of the most disruptive neighbourhood issues and requires immediate attention.
It is important to try and determine why your dog is barking. Dogs may bark because they are:
Check to see if your dog:
Excessive barking is more common with some breeds than others.
Some breeds — such as cattle dogs, kelpies, border collies and German shepherds — were originally bred to work on farms and may have difficulty living in a suburban backyard or indoors.
You should carefully select a breed that is suitable for your lifestyle. Long walks on a lead may not be enough to keep some dogs occupied. They may become barkers due to boredom or frustration.
To help ensure that your dog does not become bored, make sure it has plenty to do when left alone. For example:
Dogs are social animals and they may resort to inappropriate behaviour as a means of seeking attention. Ensure that you spend time each day communicating and playing with your dog. If possible, allow the dog to rest beside you when you are present in the home.
Many dogs will bark if a person or animal is near their territory. To help prevent your dog barking at things it can see beyond the fence, you may like to:
There is no quick fix or easy solution to problem barking. Don’t hit or yell at the dog as this may cause other behaviour problems. Instead:
Dog owners are often not aware of their dog’s barking, since it usually happens when the owner is not on the property.
Local governments are responsible for enforcing the nuisance provisions of the Dog Act 1976 and each local government may take a different approach to dealing with complaints.
In the first instance, rangers need to be satisfied that a nuisance is being created.
They can do this by talking to neighbours, observing behaviour, using a count collar or asking you to keep records.
If the barking continues and further complaints are lodged, the ranger may issue a noise abatement notice which requires the owner to take action to abate the noise. The notice has effect for 6 months.
If the owner does not comply with the notice, they may be issued an infringement notice of $200 or be prosecuted in court for up to $5000.
Higher penalties may be applicable if the dog is a dangerous dog.
If a false report is made for whatever reason, you can take civil action against the complainant in court for making a false declaration.
Each community has different needs and preferences when it comes to the regulation and control of cats. This guideline has been prepared as an alternative to a Model Cat Local Law, to assist local governments in developing a Cat Local Law that caters for their unique situation. This will allow local governments to address their specific requirements, taking into account their level of resources.
Section 79 of the Cat Act 2011 (the Act), provides local governments with the power to make local laws on all matters that are required or permitted to be prescribed by a local law, or are necessary or convenient to be so prescribed, for it to perform any of its functions under the Act.
In particular, without limiting the above, section 79(3) of the Act provides that a Cat Local Law may be made as to one or more of the following:
A Cat Local Law does not operate outside the district of the local government for which it is made and is inoperative to the extent it is inconsistent with the Act or any other written law.
It is important to note therefore, that any Cat Local Law currently in existence will also be inoperative to the extent that it is inconsistent with the Act or any other written law.
A local government needs to consider what elements of cat control they wish to regulate and only decide to make a local law if:
Through the integrated planning process, the community may advise that there is a need for particular areas of cat control. It is then a matter of deciding that if you need cat control, what exactly you do need.
For some local governments the Act and Cat Regulations 2012 may provide sufficient powers for the control of cats without the need for a local law. Others may find targeted education campaigns and policies in particular areas may be all that is needed to supplement the legislation.
Specifically the Act and Cat Regulations 2012 already provide the following key ‘controls’ in respect of cats. The following is a brief outline of some sections of the Act dealing with offences and enforcement. You should refer to the relevant section for a full understanding of the provision.
Schedule 2 of the Cat Regulations 2012 contains a table listing 14 offences for which infringement notices can be issued and modified penalties imposed.
If your local government already has a Cat Local Law in existence, there are some things to consider.
A local law should not reproduce any provision already covered in the Act or Cat Regulations 2012 either within the content of the local law or within boxed notes.
In its 23rd Report, the Parliament’s Joint Standing Committee on Delegated Legislation indicated its concerns in relation to reproducing legislation in boxed notes in local laws.
Repeating the text of sections of other legislation as part of a local law can lead to confusion in cases where the text is later amended in the original legislation. The report can be downloaded from Parliament’s website.
Once gazetted, a local government may choose to include this additional information as part of an administrative version of the local law to assist the public. The administrative version would be available from the local government but would not be the official gazetted version of the local law.
If your local government already has a Cat Local Law in effect, this law should be reviewed and if necessary amended to ensure there are no inconsistencies between it, the Act, the Cat Regulations 2012 and the Cat (Uniform Local Provisions) Regulations 2013. If the local law includes any duplication in provisions already contained in the Act or any other written law or includes any boxed explanatory notes these should be removed via an amendment to the local law.
In order to amend your Cat Local Law you need to follow the process outlined in section 3.12 of the Local Government Act 1995.
If it has been determined that there is a need for a Cat Local Law in your local government district, the following issues should be considered:
While section 79 of the Cat Act provides local governments with the power to make a local law in respect of cats, it is important to note that in making such a local law, local governments must follow the steps outlined in section 3.12 of the Local Government Act 1995. Any future amendments to existing or new Cat Local Laws will also need to be done in accordance with the process outlined in this section.
For further information about making a local law under section 3.12 of the Local Government Act 1995, please see the department’s Operational Guidelines “Local Laws”.
To help local governments draft local laws and ensure consistency and high quality in local laws throughout the State, it is recommended that local government legislation conform to Parliamentary Counsel’s office drafting standards for State legislation. This is also consistent with the approach taken in other jurisdictions.
Queensland’s document “Guidelines for drafting of local laws” (PDF 481 KB)(1 July 2010) is a good starting point.
The Western Australian publication from the Parliamentary Counsel’s Office “How to Read Legislation — for Beginners” also contains useful information about using plain English and structuring sections and defined terms:
A local law should not reproduce any provision already covered in the Act, Cat Regulations 2012 or the Cat (Uniform Local Provisions) Regulations 2013 either within the content of the local law or within boxed notes.
When creating a new local law it is important to ensure that the law does not unnecessarily duplicate provisions or requirements already covered in the principal Act or Regulations. Further information on the reasoning for this is covered under the section “Current Cat Local Laws” in this guideline.
The layout of Cat Local Laws and specific matters that Cat Local Laws may include
This Part usually sets out:
What is the title of your local law?
For example: This local law may be cited as the Shire of ….Cat Local Law 2014.
The local law may come into effect on the day after gazettal or at some other time after this.
For example: This local law comes into operation 14 days after the date of its publication in the Government Gazette.
Is the new local law replacing an older local law? If so, the local law being replaced should be repealed in this clause. If there is no previous local law being replaced then this clause is not required.
For example: The Shire of …Cat Local Law 2013 published in the Government Gazette on [insert date] is repealed.
What terms used within your local law need to be defined?
Note: If a term is already defined in the Act or the Cat Regulations 2012, it is not necessary to define the term here.
For example: In this local law unless the context otherwise requires:
Where do you want your local law to apply? In most cases this will be simply within the relevant local government district.
For example: This local law applies throughout the district.
Under this Part, you can include the specific local laws required in your local government area. This can include one or more of the local laws as provided for under section 79(3) of the Act or other matters necessary to perform functions under the Act (section 79(1)).
The Act is comprehensive in its provisions for cat registration. There may not be any local laws you need to make, but if so, the Act provides for a registration of cat local law to be made.
For example:
The CMF operator is not to release a cat seized and impounded to any person unless that person has produced, to the satisfaction of the operator, the following evidence:
The owner or occupier of premises on which a cat is ordinarily kept shall prevent the cat from creating a nuisance on other premises, to another person or exposing another person to health and/or safety risks by:
(Requiring that in specified areas, a portion of the premises on which a cat is kept must be enclosed in a manner capable of confining cats)
Note: You should also refer to the Cat (Uniform Local Provisions) Regulations 2013 regarding cat numbers and protections of existing cats.
The limit on the number of cats which may be kept on any premises is:
(The establishment, maintenance, licensing, regulation, construction, use, record keeping and inspection of cat management facilities (CMFs)).
In considering local laws for CMFs you may wish to consider:
With the consent of the operator, a local government can enter a CMF for inspection at any time.
Fees and charges payable in respect of any matter under the Cat Act could be included here
Refer to section 84 of the Act – Creating offences and prescribing penalties.
Local governments could consider the following:
The information and advice within this document is provided voluntarily by the department as a public service. The information and advice is provided in good faith and is derived from sources believed to be reliable and accurate. No representation or warranty, express or implied, is made as to the accuracy, completeness or fitness for purpose of this document. The reader of this document should satisfy him or herself concerning its application to their situation. The State of Western Australia, the department and their officers expressly disclaim liability for any act or omission occurring in reliance on this document or for any consequences of such act or omission. Current as at June 2014.
Local governments enact local laws and are responsible for enforcement of the Dog Act. Local laws enacted by a local government apply only to the area administered by that local government and are not State-wide laws. Information about local laws relating to dogs can be obtained from the relevant local government, as well as information about registration, microchipping, sterilisation, dangerous dogs, barking dogs, and exercise areas.
Email legislation@dlgsc.wa.gov.au