Restricted dog breeds

Restricted dog breeds - Campbelltown City Council

What is a restricted dog breed?

The following types of dog are regarded as “Restricted breeds of Dog” for the purpose of the Companion Animals Act 1998 (the Act):

Pit Bull Terriers
American Pit Bull Terriers
Japanese Tozas
Argentinean Fighting Dog
Brazilian Fighting Dog
any other Dog of a breed, kind or description prescribed by the Regulations as restricted for the purposes of this Division.

While the Act lists the above types of dog, the only breeds of restricted dog known to be available in Australia are the Pit Bull Terrier and American Pit Bull Terrier.

Declaring a dog as a restricted dog

In addition to the above, the Act gives Council the ability to declare a dog to be a restricted dog. Where Council is of the opinion that a dog is on the restricted dog list or a cross breed of any such breed or kind of dog Council can commence the process to declare the dog as a restricted dog.

The Act details a process that Council must follow which includes the use of breed and temperament assessments.

What are the control requirements for restricted breeds of dog?

In addition to the general requirements that exist for all dogs, specific control requirements are contained in the Act to deal with restricted breeds of dogs.

Pit Bull Terriers and American Pit Bull Terriers must:

not be sold
not be acquired
not be bred
be desexed
be kept in an enclosure
wear a distinctive collar
be in the sole charge of a person over the age of 18 years
be under the effective control of a competent person while in a public place by means of an adequate chain, cord or leash and have a muzzle securely fixed on its mouth to prevent it from biting any person or animal
be kept on a property displaying one or more signs showing the words "Warning Dangerous Dog" in letters clearly visible from the boundaries of the property.

Owning a restricted breed of dog

If you are the owner of a restricted dog you must notify Council within timeframes specified in the Act when the dog attacks or injures a person or animal, is lost or has died.

A person must not own a restricted dog unless a certificate of compliance has been issued by Council , confirming that the enclosure in which the dog is being kept complies with the requirements of the Act.

You could be fined up to $55,000 plus two years imprisonment if you fail to comply with the above requirements.

On-the-spot fines

Restricted dog not permanently indentified

$1,320

Restricted dog not registered

$1,320

Not notify change in registration/
identification of restricted dog

$1,320

Resticted dog without collar and tags

$1,320

Restricted dog not on a lead

$1,760

Restricted dog in prohibited place

$1,760

Fail to comply with control requirements
for restricted dog

$1,320

Sell/advertise restricted dog

$1,320

Accept ownership of restricted dog

$1,320

Cause/permit restricted dog to breed

$1,320

Advertise restricted dog for breeding

$1,320

Full details of these requirements can be found in Sections 55 to 58 of the Companion Animals Act and Clauses 24 to 28 of the Companion Animals Regulations 2008.

An authorised Officer of Council may seize a restricted dog where the control requirements detailed in Section 56 are not being satisfied.

If you know of someone with a restricted dog that is not complying with the control requirements, please advise Council.

If you cannot comply with the control requirements and wish to surrender your dog, please contact the Animal Care Facility on 4628 3044.

Council has an amnesty on Pit Bull Terriers and American Pit Bull Terriers. These dogs can be surrendered by their owner at Council's Animal Care Facility free of charge.

What is an enclosure?

The requirements under the Act for enclosures are as follows:

be fully enclosed, constructed and maintained in such a way so that the dog is not able to dig or otherwise escape under, over or through the enclosure, and
be constructed in such a way so that a person cannot have access to it without the assistance of an occupier of the property who is above the age of 16 years, and
be designed to prevent children from having access to the enclosure, and
not be located on the property in such a way so that people are required to pass through the enclosure to gain access to other parts of the property, and
have a minimum height of 1.8 m and a minimum width of 1.8 m, and
have an area of not less than 10 square metres for each dangerous or restricted dog kept on the property, and
have walls that are fixed to the floor and constructed to be no more than 50 mm from the floor, and
have walls, a fixed covering and a gate that are constructed of:

brick, timber, iron or similar solid materials, or

mesh that is either, 3.15mm chain mesh with a spanning of 50mm or 4mm weldmesh with a spanning of 50mm; or

a combination of the materials referred to, and

have a floor that is constructed of sealed concrete and graded to fall to a drain for the removal of effluent, and
provide a weatherproof sleeping area, and
Any gate to the enclosure must:

contain a self closing and self latching mechanism

be kept locked when the dog is in the enclosure

display a warning sign

What is Council doing to enforce the control requirements?

There is an obligation on Council to make sure that owners of restricted breeds comply with the requirements of the Act and in response to this Officers from the Animal Care Facility have implemented a Restricted Dog Compliance Program since March 2002.

This program involves the auditing of Council records and the NSW Companion Animal Register to identify owners of restricted dogs. The project also includes a community education campaign and enforcement component.

Since March 2002 Council’s Officers from the Animal Care Facility have been conducting inspections of all known Pit Bull Terrier owners’ premises ensuring that they comply with the requirements in the Act for the keeping of restricted dogs.

As a result of these inspections, officers found that approximate 30% complied with the requirements of the legislation. It was also evident that a large number of owners were not aware of the new legislation and it’s restrictions on these types of dog. As a result of this educational material has been placed in local papers, the Mayors Column, ‘Pet of the Week’ advertisements and Compass newsletters.

Do you own a pit bull terrier?

If you do, the Companion Animals Act 1998 requires owners of restricted dogs including Pit Bull Terriers and American Pit Bull Terriers to comply with a number of regulations.

For more information, refer to the Restricted and Dangerous Dogs in NSW brochure from the Department of Local Government.

Did you know?

Council has an amnesty on Pit Bull Terriers and American Pit Bull Terriers. These dogs can be surrendered by their owner at our Animal Care Facility free of charge.