i emailed the local council and got this back
POLICY
Adopted:
Minute No:
Amended:
Minute No:
FILE NO:
TITLE: KEEPING OF ANIMALS ON PRIVATE PROPERTY
BACKGROUND
OBJECTIVE
• To provide Council and the community with a standard from which responsible animal ownership may be measured. The policy will enable criteria for the reasonable keeping of animals to be applied.
NOTE: The animal policy is not meant to set definitive numbers of animals which may be kept, but to provide guidelines for control where necessary.
The objective will be achieved if:
a) Persons wishing to keep animals prescribed in Table 1 or currently keeping these animals are given prompt and professional advice on standards which, if followed, will reasonably ensure that no nuisance should arise from the keeping of those animals.
PRINCIPLES
1. Section 124(18) of the Local Government Act, 1993 enables Council to give Orders to the occupier of any land.
“Not to keep birds or animals on premises, other than of such kinds, in such numbers or in such a manner as specified in the Order”.2. In order to preserve the rights of individuals and to assist in the preservation of wildlife, Council should control and regulate the number of animals kept on premises and the way they are kept, where necessary.
POLICY STATEMENT
Criteria Council must take into consideration in determining whether or not to give an Order under Section 124(18).
1. Generally, the maximum number of animals to be kept on any allotment in the Port Stephens Council area should be in accordance with Table 1, irrespective of the size of the allotment or type of animal.
2. The preferred number of animals to be kept (referred to in Table 1) may be increased with the prior approval of Council where the animals are being kept for Commercial Purposes and are registered with the recognised animal specific control body (eg. Canine Council, Racing Control Board). Development Consent must be obtained for commercial keeping of animals.
3. A reduction in the number of animals kept on a property will be considered where the following circumstances exist.
A. Containment
The animal is not positively contained. This means that the property has not been provided with fencing or enclosures which will ensure that the type of animal(s) kept on the rpemises are contained wholly within the property at all times.
B. Noise Control
Where animal(s) kept on the premises are generating offensive noise as defined under the Noise Control Act, 1975.
C. Hygiene
Where conditions exist which would unreasonable affect the health and well being of occupants, nearby residents and the animal(s). Such conditions may include:-
i) Accumulation of manure;
ii) Accumulation of stale/rotten food/bones;
iii) Inadequate disposal of manure;
iv) Attraction of rodents and flies;
v) The unreasonable existence of odours;
vi) Inadequate drainage causing animal(s) to be kept or exercised on poorly drained ground surfaces;
vii) Infestations of fleas and ticks or other parasites;
viii) Unreasonable accumulations of hair, fur or skin.
4. Where more than the number of animals prescribed in Table 1 are being kept on the premises and circumstances provided in (3) are found to be in existence, Council’s Order shall limit the number of animals to that prescribed in Table 1.
5. Where, after the service of an Order, and subsequently the number of animals kept on a premises has been reduced, circumstances proved in (3) still exist, an Order may be served further restricting the number of animals to be kept or prohibiting the keeping of a prescribed animal on that premises.