One of the most common scenarios with companion animals, such as dogs and cats, is that when someone finds a lost animal, they decide they want to keep the animal for themselves. In this article, we look at the requirements under the Companion Animals Act 1998 (NSW) (the Act), specifically whether on finding a dog or cat, whether you can keep it. The short answer is no, and it could land you a costly fine.
s13: Responsibilities while dog in public place
In this section, there is an obligation placed on the owner of a dog (or a person in charge of the dog at the time) to have “effective control” of the dog whilst it is in a public place. Section 13(1) specifies that effective control means the use of “an adequate chain, cord or leash that is attached to the dog and that is being held by (or secured to) [a competent] person.”
In circumstances where the requirement under section 13(1) is not met, “any person” is able to seize the dog under section 13(3). However, if the owner (or a person in charge of the dog) is present, then only authorised officers can seize the dog.
So if a dog is wandering the streets, having escaped its yard, or is otherwise on its own and not accompanied by its owner or another competent person, you can pick it up, put it on a leash, or otherwise seize it.
s14: Dogs prohibited in some public places
Section 14 prohibits dogs from a number of places whether or not they are on a leash or otherwise controlled. These prohibited places are:
- Children’s play areas
- Food preparation/consumption areas
- Recreation areas where dogs are prohibited
- Public bathing areas where dogs are prohibited (for example many beaches)
- School grounds
- Child care centres
- Shopping areas where dogs are prohibited
- Wildlife protection areas
Under section 14(3) “any person” can seize a dog in a prohibited place. However, if the owner (or a person in charge of the dog) is present, then only authorised officers can seize the dog. Therefore, if there is an unattended dog in a prohibited place, you can pick it up, put it on a leash, or otherwise seize it.
s30: Cats prohibited in some public places
The ability for “any person” to seize a cat is much more limited than it is in relation to dogs. Section 30 of the Act prohibits cats from being in only two types of places:
- Food preparation/consumption areas
- Wildlife protection areas.
Only if a cat is in one of those places can “any person” seize a cat, and then only “for the cat’s own protection” – see section 30(3).
s62: Seized animals must be delivered to owner, council pound or approved premises
Section 62 of the Act, requires that a companion animal seized under the authority of that Act is “delivered as soon as possible to its owner, to a council pound, or to any approved premises.” Approved premises are defined in section 62A of the Act to be any premises operated by an approved animal welfare organisation or any person approved to have access to the Companion Animals Register for the purposes of identifying seized or lost animals (typically veterinarians).
So if you find a dog or cat and pick them up, or put them on a leash, or otherwise “seize” them under sections 13(3), 14(3) or 30(3), as applicable, you need to comply with the requirements under section 62, by either delivering the dog or cat to:
- the owner (for example if the dog or cat has a tag with the owner’s telephone number, calling that number and making arrangements with the owner), or
- the council pound or any approved premises (eg a vet).
What happens if you don’t?
A contravention of section 62 of the Companion Animals Act 1998 (NSW) carries a maximum penalty of 30 penalty units, currently equating to $3300.