Animal Nuisance

What is animal nuisance?

An animal nuisance exists if the keeping or behaviour of an animal results in:

• damage to property owned by a person other than the keeper;
• excessive noise; or
• danger to the health of an animal or a person other than the keeper.

My neighbour has an animal that I consider to be a nuisance, what can I do about this?

The Domestic Animals Act 2000 states that the Registrar must investigate any written animal nuisance complaint unless satisfied that the complaint is frivolous or vexatious. If evidence supports any complaint an abatement notice may be issued on the property in question under Section 112 of the Domestic Animals Act 2000.

Once your formal complaint is received an investigation into the matter will be conducted. To progress a nuisance complaint it is essential that the Registrar have supportive information for your complaint. This information is sought through:

• canvassing the neighbourhood taking into account all residences that may be affected by the nuisance behaviour
• rangers visiting the area to make independent observations.

Each nuisance complaint will be assessed on its own merit, taking into consideration the effect that it is having on your neighbourhood.

In assessing the issue, the registrar must consider the following:

• the number of people affected, or potentially affected, by the nuisance
• the damage, disturbance or danger resulting, or likely to result, from the nuisance
• any reasonable precautions that a person whose animal is causing the nuisance has or has not taken to avoid or minimise the adverse effects, or the potential adverse effects, of the nuisance
• any reasonable precautions that a person adversely affected, or potentially adversely affected, by the nuisance has or has not taken to avoid or minimise the effects, or likely effects, of the nuisance.

If evidence supports your allegation, an abatement notice may be issued. Should the process reach this stage you will be advised of the next steps at that time.

If there is not enough supportive evidence from neighbours, or rangers cannot report any nuisance behaviour it may not be possible to progress the complaint. If this occurs the complaints will be closed unless further evidence can be provided.

If you consider that you may be experiencing an animal nuisance problem in your neighbourhood please complete the form 'How to lodge an animal nuisance complaint'( PDF 73Kb) and send it to Domestic Animal Services.

What measures can I take if I get a Nuisance Abatement Notice?

If you receive a Nuisance Abatement Notice, you must reduce or stop the nuisance referred to in the Notice.

The Notice may refer to possible steps that can be taken to assist you to reduce or stop an identified nuisance.

What happens if a Nuisance Abatement Notice is not complied with?

Fines apply for non-compliance with a Nuisance Abatement Notice, and an authorised officer can seize the animal causing the nuisance.