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Animals - controlling, treating and owning 

Legal Aid Queensland cannot give legal advice about this type of law

We cannot provide further assistance or advice on this area of law beyond the legal information below.
Please refer to one of the organisations listed at the bottom of this page if you need more help.

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Legal Information

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 eg 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.

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 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 to how you keep the animal. Because of the different requirements for the many types of animals, contact the Department of Environment and Resource Management (DERM) 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.

How do I complain to my local council?

Local councils make laws about local issues which affect people living in their community, including decisions about animals.

If your complaint is about a council matter you can complain directly to someone from the council. Either telephone the council or visit the main council office (or chambers). Larger councils might have a councillor for different suburbs, and you can visit their office or make an appointment to see them. The white pages will have contact details for your council.

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Do I need legal advice?

You may need legal advice if you

  • are the owner of an animal that has injured someone or caused damage to someone's property
  • have been injured or suffered property damage because of another person's animal
  • want to dispute a council abatement notice, fine, or breach of council restrictions
  • have been charged with mistreatment or cruelty to an animal.
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Where can I get legal advice

Legal Aid Queensland cannot provide legal advice on local government matters, including issues about owning, treating and controlling animals.

If you have been charged with a criminal offence in relation to the treatment of animals, we may be able to provide legal advice.

The following organisations may be able to give legal advice on your matter.

Community legal centres give legal advice on a range of topics. Contact them to see if they can help with your matter.

Queensland Law Society can refer you to a specialist private solicitor for advice or representation.

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Who else can help?

These organisations may also be able to assist with your matter. They do not provide legal advice.

Local Councils administer registration, licensing and restrictions about ownership and control of many animals. They also investigate complaints about animal nuisances including barking dogs and straying cats.

Department of Environment and Resource Management (DERM) give information about the types of native, protected or restricted animals you can and can't own in Queensland, and what sorts of licences and permits you may need.

RSPCA handle complaints about the mistreatment of animals (as well as police).

Queensland Police can respond to animal cruelty complaints.

Department of Employment, Economic Development and Innovation (DEEDI) provide a service called Biosecurity Queensland which develops, monitors and enforces animal welfare policy, legislation and standards, and provides community education about animal welfare.

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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.



Last modified: 26 July 2011 8:58PM
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Animals - controlling, treating and owning