Powers of local councils

Powers of local councils

What powers do local councils have in relation to dogs and cats?

Local councils have the power to make by-laws in relation to the management of dogs and cats within their areas [Dog and Cat Management Act 1995 (SA) s 90]. These by-laws may —

limit the number of dogs and cats kept on premises;
fix periods during which dogs and cats must be effectively confined to premises;
require dogs or cats to be identified in a specified manner, or in specified circumstances;
provide for a registration scheme for cats (including payment of a fee); and
specify areas where dogs are prohibited.

The Dog and Cat Management Act 1995 (SA) also allows local councils to issue the following orders in relation to dogs [s 50]:

Destruction Order
Control (Dangerous Dog) Order
Control (Menacing Dog) Order
Control (Nuisance Dog) Order
Control (Barking Dog) Order

What powers do authorised council officers have?

The Dog and Cat Management Board and local councils may appoint suitable persons to be authorised to exercise powers under the Dog and Cat Management Act 1995 (SA). Authorised persons may [s 25D]:

enter and inspect any place or vehicle
require a person to produce a dog or cat for inspection
require a person who owns or is responsible for a dog or cat to produce evidence that the dog is microchipped or desexed (or both)
require a person to produce documents or records for inspection or copying
carry out tests and take measurements, photographs, films or video recordings
seize and retain anything that is reasonably suspected to constitute evidence of a contravention of the Dog and Cat Management Act 1995 (SA)
require a person to give their name and address and produce identification, if the officer reasonably suspects they have committed, are committing or are about to commit an offence under the Act
require a person reasonably suspected to have knowledge of relevant matters to answer questions
give an expiation notice to a person alleged to have committed an offence under the Act
give any directions reasonably required in connection with the exercise of powers.

The power to enter and inspect any place or vehicle may only be exercised [s 25D(2)]:

with the consent of the owner or occupier of the place, or the owner of the vehicle, or
on the authority of a warrant, or
to seize a dog found wandering at large, or
to seize a dog when urgent action is reasonably believed to be required.

A person may request to see and inspect an authorised council officer’s identity card [s 25B(3)].

What if I refuse to cooperate?

Entry to property or vehicles will initially be with the consent of the owner/occupier. However, the authorised council officer can apply for a warrant if refused entry and if issued, they may then use reasonable force to gain entry [Dog and Cat Management Act 1995 (SA) s 25D(1)(a)]. It is an offence under the Act to hinder an authorised person in the course of their duties [s 31]. It is also an offence to use abusive or threatening language or to refuse to comply with a requirement of an authorised person [Dog and Cat Management Act 1995 (SA) s 31]. The maximum penalty for such offences is $5,000 [s 31(1)]. An assault on an authorised person carries a maximum penalty of $10,000 or up to 2 years imprisonment [s 31(2)].

Powers of local councils : Last Revised: Wed May 29th 2024
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.

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