Section 31 Companion Animals Act 1998 | Cat Being a Nuisance


Section 31 of the Companion Animals Act 1998 is Cat Being a Nuisance and is extracted below.

For expert advice and outstanding representation from Australia’s leading Companion Animals Act lawyers, call Sydney Criminal Lawyers® today on (02) 9261 8881 and let our experienced defence lawyers help you.

The Legislation

31 Nuisance cats

(1) For the purposes of this section, a cat is a nuisance if the cat:
(a) makes a noise that persistently occurs or continues to such a degree or extent that it unreasonably interferes with the peace, comfort or convenience of any person in any other premises, or (b) repeatedly damages anything outside the property on which it is ordinarily kept.

(2) If an authorised officer of a council is satisfied that a cat is a nuisance, the officer may, after complying with section 31A, issue an order in the approved form to the owner of the cat requiring the owner to prevent the behaviour that is alleged to constitute the nuisance.

(3) The order must specify the behaviour of the cat that is required to be prevented. The order can specify more than one kind of behaviour.

(4) An order remains in force for 6 months after it is issued.

(5) The owner of a cat must comply with an order issued to the owner under this section and must continue to comply with it while it is in force. Maximum penalty: 3 penalty units for a first offence or 8 penalty units for a second or subsequent offence.

(6) A council whose authorised officer issues an order under this section must notify the Director-General within 7 days after the order is issued.

(7) An order under this section is final and is not subject to any appeal or review.