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Animals - controlling, treating and owning

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Can I be responsible for any damage or injury my animal causes?

If you are the owner of an animal that has caused an injury to a person or damage to property, the person who has suffered the injury or damage may take action against you in court. If your actions were negligent you will be held responsible and may be asked to pay compensation. If your animal is known to be dangerous then there is a higher obligation on you to ensure that it does not cause any injury.

Can I be held responsible if I kill or injure an animal?

If you kill or injure an animal you may be held responsible. Also the animal's owner may take you to court and if they are successful, the court may make an order for you to pay them compensation.  There are criminal penalties for cruelty to animals.

Who can I complain to if an animal is being mistreated?

Complaints about mistreatment of animals can be made to the local police, your local council or the RSPCA.

Dog ownership

Are there any special things I have to do as a dog owner?

If you are a dog owner, you should check with your local council to see if your dog needs to be registered.

Some councils have power to declare a dog dangerous. If this is done, you must obey the conditions e.g. displaying a dangerous dog sign or putting up a fence. If the conditions are not met, you may be a fined or the dog may be destroyed. In some extreme cases the local council may order your dog be destroyed without it first being declared dangerous.

Are there certain breeds of dogs that are restricted dogs?

Yes, the State Government and local councils impose tough controls and conditions on the keeping of restricted dogs.

The following breeds of dogs are classed as restricted dogs:

  • Dogo Argentino
  • Fila Brasileiro
  • Japanese Tosa
  • Pit Bull Terrier
  • American Pit Bull Terrier
  • or other breeds prescribed by local councils as restricted dogs.

Convictions for breaching the restrictions carry stiff penalties. You should get legal advice.

What can a neighbour do about my dog barking?

Noise from barking dogs can be a nuisance and the neighbour can make a complaint to your local council about this problem.

The law states that if a domestic animal (usually a dog) barks excessively a notice to the owner (called an abatement notice) can be given to the dog's owner. Noise from the animal is considered excessive if the animal barks for a total of six minutes in any hour between 7 am to 10 pm or a total of three minutes in any 30 minute period between 10 pm to 7 am.

If a neighbour complains to the local council, they will investigate and if necessary issue an abatement notice to you as the dog owner. If the dog is at a place which is commercial or industrial the Environmental Protection Agency will investigate.

If as a dog owner you do not obey the abatement notice, you will get a fine.

Cat ownership

Are there any controls on owning a cat?

Local councils control the laws about owning a cat. Some councils may restrict the number of cats you can own. Most councils require that you don't let your cat stray on private property. You should contact your local council for details.

Native, protected or restricted animals

Can I own a native, protected or restricted animal?

Owning a native, protected or a restricted animal in Queensland may be against the law. Some animals are protected and cannot be owned privately, other animals may not need a license but special conditions apply in how you keep the animal. Because of the different requirements for the many types of animals, contact the Environmental Protection Agency (EPA) to find out if what animals you can own and what licenses or permits you will need.

Your local council may also have restrictions about the number of animals that can be kept particularly in city areas. You should also contact your local council.



Disclaimer - Copyright © 1997 Legal Aid Queensland. This content is provided as an information source only and is not legal advice. If you have a legal problem, you should seek legal advice from a lawyer. Legal Aid Queensland believes the information is accurate as at 1 July 2007 but accepts no responsibility for any errors or omissions and denies all liability for any expenses, losses, damages and costs you might incur due to the information being inaccurate or incomplete in any way.