Conditions and Permits for Keeping Animals

How many animals can I keep?

Council regulates the number of animals that can be kept on any land within the municipality, as animals can be a nuisance to nearby neighbours due to their smell, by attracting vermin or by being excessively noisy.

Council’s Community Living Local Law No 1 2018 regulates the species and number of animals that are able to be kept in a residential, commercial or industrial areas and on properties of less than 2 hectares in a farming zone. Community Rangers investigate complaints regarding the number of animals and the conditions in which they are kept.

Community Living Local Law No 1, 2018, clause 6.1 states:

An owner or occupier of any land must not, without a permit, keep or allow to be kept any more in number, for each type of Animal, than is set out in the Table of Animal Types and Numbers in this clause.

Please note:

• commercial area means all land zoned Commercial or Industrial under a Planning Scheme in force in the municipal district.
• farming zone means an area identified as being a farming zone under a Planning Scheme in force in the municipal district.
• residential area means all land zoned Residential, Township, and Low Density Residential under a Planning Scheme in force in the municipal district.
• 0.4 hectares = 0.99 acres, 2 hectares = 4.94 acres
• Animal numbers on any private property or land exceeding 2 hectares are subject to restrictions applicable under the Planning Scheme.
• A permit is required to keep or allow to be kept any animal not listed in the below table. Note: Nothing in this Local Law will enable the granting of approval for keeping of any animal where State or Commonwealth legislation provides otherwise.

Table of Animal Types and Numbers

Local Laws Permit Application

To apply for a Local Laws permit to keep more than the number of permitted animals, please complete the Animal Keeping application and return to Council with the required application fee. It is important that you obtain consent for all of your neighbours and explain how you will care for the animals. It is recommended that you obtain a Local Laws permit prior to obtaining any animals. If you have any concerns or questions regarding your application, please contact Council.

Excess Animals Permit Conditions

• For the purpose of calculating the numbers of any animal kept under this clause, the progeny of any animal lawfully kept will be counted from 12 weeks after its birth.
• A person must not allow to remain on any land any noisy animal, bird, or poultry such as to cause a nuisance to any person residing in the neighbourhood.
• An owner or occupier of any land must not keep any bird, livestock, or any other animal on that land unless each is kept in accordance with the relevant Code of Practice.
• Poultry, Large and/or Noisy birds, Pigeons and/or Domestic Birds, the animals must be kept in accordance with relevant clauses of this Local Law.
• Poultry and other birds shall not, without a permit, be kept in any residential or commercial area or on land of less than 2 hectares in a farming zone, other than in a poultry house, pigeon loft or bird enclosure which is:
  • at least 20m from the property frontage;
  • at least 3m from any other street or road; and
  • at least 12m from any dwelling whether on the same or adjoining property, and an enclosed run attached to a poultry house must also comply with this requirement.
• Pigeons shall not be kept on any land unless in a pigeon loft constructed to Council's requirements.
• A poultry house shall consist of a minimum floor area of five square metres to house ten poultry.
• An owner or occupier of land on which a poultry house is located must ensure that it has:
  • a location on ground which is well drained; and
  • weatherproof walls of approved materials, provided that wire netting may be used in a portion of one wall; and
  • a weatherproof roof of approved materials; and
  • a wall height of not more than 2.1 metres.
• The provisions of this Part referring to poultry shall not apply to any commercial poultry farm.
• The owner or occupier of any land shall cause every poultry house, pigeon loft, bird cage or enclosure, to be thoroughly cleansed as often as may be necessary to keep the same in a clean and sanitary condition and free from vermin at all times.
• Droppings and refuse from any animal, bird or poultry shall be removed from the land from time to time and as frequently as may be directed by an authorised officer so as not to cause a nuisance or offensive conditions.

Notice to Comply

If you have received a Notice to Comply from a Council Authorised Officer regarding animals at your property, please ensure that you complete the required work by the specified date. Failure to comply may result in legal action being taken including $200 on the spot infringements and / or court action. If you have any questions regarding the Notice to Comply or wish to discuss your circumstances with the issuing authorised officer, please contact Council.

What happens if I have a permit under the previous Local Law?

Where at the date immediately prior to the day of the commencement of this Local Law any owner or occupier of land lawfully keeps a number of animals in excess of the new maximum number or type of animals prescribed in the table, and those animals, where required, are registered with Council:

• that maximum number will be increased for that owner or occupier to include those previously lawful animals, but only until that time when those individual animals in excess of the new maximum die or are otherwise disposed of; and
• for roosters, the time period referred to in this clause cannot exceed two years from the commencement date of this Local Law; and
• those excess animals may not be replaced, unless by permit.

Planning Scheme

Council's Planning Scheme regulates the use of the land which may include the numbers of animals permitted. Please contact Councils Planning department for more information.