Dangerous and Restricted Animals
Gladstone Regional Council adopted a local law and subordinate local law in relation to Animal Management on 1 December 2011. The law provides consistent requirements for the management of animals that is not already covered in the Animal Management (Cats & Dogs) Act 2008.
Applying for approval
Aggressive dogs
Prohibited animals
How many pets am I allowed to have?
One key aspect of the local law is the prohibitions and restrictions on the keeping of animals, in particular cats and dogs. Schedule 1 of the Subordinate Local Law No. 2 (Animal Management) 2011 prohibits more than 4 dogs or cats from being kept on an allotment in a designated town area or more than 1 dog or cat on premises which are multi-residential premises (i.e. units).
In addition, Schedule 2 of the Subordinate Local Law No. 2 (Animal Management) 2011 requires an APPROVAL to be granted for the keeping of more than 2 dogs or cats in a designated town area.
NOTE: If you have a previous approval granted by Council prior to 1 December 2011 for the keeping on animals, this approval will remain in effect unless the animals move premises or an animal listed in the approval leaves the Council area.
Applying for an approval
Application Submission
An application for approval is to be made to Council along with all relevant supporting documents, plans and payment of application fee. The application fee must be completed in full, otherwise the application may not be assessed, and may be refused.
Application to keep more than allowable animals
Application Assessment
Council's Local Law Enforcement Team will assess the application against the relevant requirements of the Local Law No. 1 (Administration) 2011, Subordinate Local Law No. 1.5 (Keeping of Animals) 2011, Local Law No. 2 (Animal Management) 2011, Subordinate Local Law No. 2 (Animal Management) 2011 and any relevant Council policies. An inspection of your premises and enclosure for the animals will be undertaken by a Local Law officer to ensure all requirements of the local laws are met. A determination on your application will be made to see if your premises is suitable for an increased number of animals, for which you will be notified in writing and invoiced for the additional animal registration fees.
Animal Registration Fees and Approval
Your approval will be sent to you once the relevant animal registration fee has been received. Approvals are granted with conditions based on the requirements of Subordinate Local Law No. 1.5 (Keeping of Animals) 2011.
If the application is refused, the additional animals must be removed from the property.
Aggressive dogs
Aggressive dogs can cause a real danger to other people and animals in the community. Council is required to act upon all complaints received for aggressive dogs. The complainant will be asked to complete a statutory declaration with sufficient information to provide Council with grounds to investigate. The identity of the complainant will remain confidential in any correspondence from Council. If the matter goes to Court, the complainant/s will be required to supply evidence in person.
Depending upon the severity of the attack the dog may also be seized, impounded and/or destroyed, in addition to the owner being fined and/or prosecuted. The dog may also be declared either a dangerous dog or menacing dog under the Animal Management (Cats & Dogs) Act 2008. The owner must comply with legislated conditions for keeping a declared dog and will incur additional registration fees.
A regulated dog is defined as:
- Declared dangerous dogs
- Declared menacing dogs
- Restricted dogs
A dangerous dog declaration can be made for a dog only if the dog:
- Has seriously attacked, or acted in a way that caused fear to, a person or another animal
- May, in the opinion of an authorised person having regard to the way the dog has behaved towards a person or another animal, seriously attack, or act in a way that causes fear to, the person or animal.
A menacing dog declaration may be made for a dog only if a ground mentioned above exists for the dog, except that the attack was not serious.
A restricted dog is a dog of a breed prohibited from importation into Australia under the Customs Act 1901 (Cmwlth).
Prohibited animals
What animals are or are not allowed within areas of the Gladstone Region?
Below are excerpts from Subordinate Local Law No. 2 (Animal Management) 2011 which outlines how many animals/species are allowed to reside on any one allotment.
Circumstances in which the keeping of animal/s are PROHIBITED are as follows:
Dog/s
- More than 4 dogs over the age of 3 months on an allotment in a designated town area
- More than 1 dog over the age of 3 months on premises which are multi-residential premises.
Any of the following breeds or a crossbreed of any of the following breeds, anywhere in the local government area:
- American pit bull terrier or pit bull terrier
- Dogo Argentino
- Fila Brasileiro
- Japanese Tosa
- Perro de Presa Canario
- Presa Canario.
Owners of these breeds must apply to register their animals as restricted dogs with Council and comply with the following controls as listed in the Animal Management (Cats & Dogs) Act 2008.
Application for registration form
- Identification - The dog must at all times, wear a collar with an attached identifying tag
- Muzzling and effective control in public - The dog must not be in a public place unless it is muzzled and under the effective control of someone who has the control of no more than 2 dogs of any breed or type at the same time
- De-sexing - All restricted dogs must be desexed
- Enclosure - A childproof enclosure must be maintained for the dog at the premises on which the dog is kept.
Enclosure requirements for regulated and restricted dogs
Cat/s
- More than 4 cats over the age of 3 months on an allotment in a designated town area.
Note: In relation to cats and dogs, if a person wants to keep more than two (2) dogs/cats in a designated town area that is less than 10,000m2 in size, a permit to keep more than allowable animals will need to be approved.
Application to keep more than allowable animals
Horse/s
- A horse on an allotment with an area less than 4000 m2
- More than 1 horse on an allotment with an area between 4000m2 and 6000m2
- More than 2 horses on an allotment with an area between 6001m2 and 10000m2
- More than 4 horses on an allotment with an area between 10001m2 and 20000m2
- More than 6 horses on an allotment with an area between 20001m2 and 40000m2.
Poultry (other than a rooster)
- More than 6 poultry on an allotment with an area less than 1500m2
- More than 10 poultry on an allotment with an area less than 4000m2.
Rooster
- A rooster in a designated town area, this includes but is not limited to zones: residential, rural residential (all land zones other than rural).
Donkey, Cow, Bull, Camel, Deer, Sheep, Goat, Llama or Pig
This item applies to all of the following:
- A donkey, cow, bull, camel, deer, sheep, goat, llama, pig
- Other domesticated animals of a similar size other than a horse
- Other domesticated animals of a similar size.
- An animal to which this item applies on an allotment with an area less than 10000m2.
- More than 4 animals to which this item 4 applies on an allotment with an area between 10000m2 and 20000m2.
- More than 6 animals to which this item 4 applies on an allotment with an area between 20001m2 and 40000m2.
Duck, Goose, Turkey or Guinea Fowl
This item 7 applies to all of the following:
- a duck or drake;
- a goose or gander;
- a turkey hen or turkey cock; OR
- a guinea fowl.
- A bird to which this item applies on an allotment with an area less than 1000m2.
Peacock, Ostrich or Emu
This item applies to all of the following—
- a peacock or peahen;
- an ostrich;
- an emu.
- A bird to which this item applies on an allotment with an area less than 4000m2.
Bees
unless each of the owner of, and responsible person for, the bees is—
- a registered beekeeper under the Apiaries Act 1982; or
- the holder of a permit to keep bees under the Apiaries Act 1982.
Racing Pigeons
- More than 20 racing pigeons on an allotment in a designated town area.
IMPORTANT NOTE: A prohibition prescribed in this schedule does not apply to the keeping of an animal or animals on premises if —
- The animal or animals were kept on the premises before the commencement of the authorising local law; and
- The keeping of the animal did not contravene any provision of a previous local law.
Conversion: 1 ha = 10,000 m2 or 1 acre = 4046.856 m2
For clarity, multi-residential premises include:
- A residence which forms part of a group of two (2) or more residences in circumstances where two (2) or more of the residences of the group are directly adjacent to each other and share
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a common wall; or
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a ceiling in circumstances where one (1) residence is directly under the floor of another residence; and
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- A residence situated on a lot which forms part of a community titles scheme as defined in the Body Corporate and Community Management Act 1997.
Therefore, any person/s residing in a premise on a property with more than one individual dwelling that can be sold separately, has a body corporate and contains common land that cannot be sold i.e. Driveway, gardens, courtyards, is only permitted to have 1 dog over the age of 3 months.