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Domestic Animals Legislation
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The Domestic (Feral and Nuisance) Animals Act 1994, received Royal Assent on 29 November 1994 when Sections 1 and 2, relating to the Act's purpose and commencement provisions, were proclaimed. On 1 September 2009 the Act's name was changed to the Domestic Animals Act 1994
The purpose of the Domestic Animals Act is to promote animal welfare, responsible pet ownership and to protect the environment. The legislation provides for cat and dog identification and enables Municipal Councils to deal effectively with feral, straying and nuisance populations. The legislation also addresses the fundamental cause of the production of excess numbers of dogs and cats by promoting responsible ownership of all companion animals, for example, encouraging owners to desex their pets. The act includes appropriate provisions for regulating dogs creating a nuisance and clear guidelines for the definition and control of dogs declared Dangerous, Menacing or Restricted Breeds. Domestic animal businesses and boarding establishment’s requirements are also covered under the Act.
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Other sections of the Act came into operation on 9 April 1996. From this date Dog and Cat Registration, Domestic Animal Business Registration, provisions regarding Dangerous Dogs and the Schedule describing registration fees became Law. In 2000 the Act was amended to add provisions for Councils to declare dogs as Menacing Dogs and in 2001 the Act was amended to add provisions for the declaration of dogs as Restricted Breed Dogs. The most recent amendment, in December 2007, was made to improve the administration and enforcement of the Act and provide for more effective management and protection of animals in Victoria.
Why was the Legislation needed?
A large number of complaints received by municipal councils relate to nuisance animals, including: barking dogs, roaming dogs, dog attacks on humans and animals; as well as wailing cats and cats on private property. The community and specifically conservation groups are becoming increasingly concerned about the effect stray, feral cats and roaming dogs are having on native wildlife.
Measures need to be taken to reduce the burden on animal welfare shelters that, in Victoria, have to destroy over 18,500 dogs and cats from the 50,000 stray they receive each year. The legislation aims to reduce the number of animals entering animal welfare shelters through the promotion of responsible ownership via education campaigns and registration incentives as well as placing controls over domestic animal businesses aimed at reducing impulse buying and improving animal welfare.
Research has found that the stray cat problem is due to a number of factors, such as supply exceeding demand for available homes and the ability of cats to breed extremely quickly. It also found that a major contributing factor to this problem is people feeding unowned cats while not taking full ownership or responsibility for them. Link to Whos For Cats (external website).
The promotion of responsible ownership via an education campaign,registration incentives and regulations over domestic animal businesses aims at reducing impulse buying and improving animal welfare. This coupled with with more accessible registration services should greatly reduce the number of animals entering animal welfare shelters. | |
The legislation was required to:
- recognise and protect ownership of dogs and cats and to provide financial incentives for responsible ownership. This has been achieved by a straight forward registration system that provides substantial annual discounts for owners of responsibly owned dogs and cats,
- remove stray and unwanted dogs and cats from the community,
- remove feral animals and the source of these animals,
- control nuisance animals in the community.
The key elements of the Act covering the ownership and control of dogs and cats are:
- registration of all dogs and cats over the age of 3 months
- declaration and control of dogs declared to be Dangerous, Menacing or of a Restricted Breed
- the responsible ownership and regulation of dogs and cats
- principles of funding for animal management
standards for the operation of Domestic Animal Businesses are included in the following Codes of Practice under the Domestic (Feral and Nuisance) Animals Act 1994:
- Code of Practice for the Operation of Pet Shops;
- Code of Practice for the Operation of Breeding and Rearing Establishments;
- Code of Practice for the Operation of Dog Training Establishments
- Code of Practice for the Operation of Pounds and Shelters
- Code of Practice for the Operation of Boarding Establishments (Revision 1)
- Code of Practice for the Operation of Greyhound Establishments
Under the Prevention of Cruelty to Animals Act 1986 there are codes outlining the standard of care expected of cat and dog owners"
Copies of the Act and Codes are available from:
Domestic Animal Legislation page
or
DPI Information Centre
Level 16
1 Spring Street
Melbourne
Telephone 03 9658 4440
Copies of the Code of Practice can be obtained free of charge from the DPI website
Copyright © Department of Natural Resources 1999
or
Information Victoria
505 Little Collins Street
Melbourne
Telephone 1300 366 356
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