Animal nuisance


Animal nuisance is when an animal's behaviour causes:

  • damage to property owned by a person other than the keeper,
  • excessive disturbance to a person other than the keeper because of noise, or
  • danger to the health of an animal or a person other than the keeper.

For a dog, animal nuisance also includes:

  • repeated occurrences of the dog not being kept under control by its keeper or carer, or
  • not being restrained in contravention of the Domestic Animals Act 2000.

If the situation involves immediate danger to the health of an animal or person please call ACT Policing on 000. For all other non-life threatening matters that do not require an emergency response, please call Access Canberra on 13 22 81.

Related links

Barking dogs

Most often, animal nuisance relates to excessive noise caused by a dog barking. It's important to remember that all dogs bark to some degree. Not all barking behaviour will meet the criteria for 'nuisance'.

Before lodging a complaint with Domestic Animal Services, we recommend you speak to your neighbours about the problem. Often people are unaware that their pets are causing a problem and speaking with them can address the problem.

Complaints

To lodge a complaint, please complete the animal nuisance complaint form (DOC 48.5 KB). It can be emailed or submitted via post to Domestic Animal Services at GPO Box 158, Canberra City 2601.

ALL sections of the form MUST be completed for Domestic Animal Services to commence a formal investigation. This includes a 'bark diary' that records when the barking has occurred and for how long. This diary must cover a minimum of ten days. The bark diary provides us with essential information that helps to demonstrate the nature of the nuisance behaviour, so that the animal's owners can take steps to address the issue.

We will advise the owner of the complaint and allow time for the issue to be addressed, before taking any regulatory action.

In deciding how to respond and manage animal nuisance complaints, Domestic Animal Services must consider;

  1. the number of people affected,
  2. the damage, disturbance or danger resulting, or likely to result, from the nuisance;
  3. any reasonable precautions the animals owner has taken to stop or minimise the nuisance;
  4. any reasonable precautions a person adversely affected has taken to avoid or minimise the effects of the nuisance.

You may also contact the Conflict Resolution Service to discuss the matter. They offer free dispute coaching and information about mediation.

More information

The below information provides an overview of animal nuisance.

Overview

In the ACT it is an offence under section 110 of the Domestic Animals Act 2000 (the DA Act) for a person to allow an animal nuisance. An animal nuisance is described under section 109 of the DA Act as occurring if:

  1. the animal causes, solely or in part –
    1. damage to property owned by a person other than the keeper; or
    2. excessive disturbance to a person other than the keeper because of noise; or
    3. an unacceptable risk to the public or another animal; or
  2. for a dog- there are repeated occurrences of the dog –
    1. not being kept under control by the dog’s keeper or carer; or
    2. the dog is not restrained in contravention of section 44(1) or (3) (Dogs in public places must be controlled) or section 45 (1) or (3) (Dogs on private premises to be restrained).

Note: Exemptions include an animal kept on land that is under a lease granted for agricultural or grazing purposes, or that allows for an animal care facility.

Relevant legislation

  • Domestic Animals Act 2000 (ACT)
  • Domestic Animals (Fees) Determination 2019 (No 1)

Lodging a complaint

A person affected by an animal nuisance may complain in writing to the Registrar about the nuisance. The Registrar may investigate the complaint unless satisfied that the complaint is frivolous or vexatious. Anonymous complaints cannot be investigated as the details of the complainant are required to substantiate evidence provided as part of the complaint.

Investigation process

If the Registrar decides to investigate the complaint, Domestic Animal Services Rangers may use a variety of avenues to investigate the complaint including but not limited to:

  • Speaking with the complainant
  • Speaking with the owner of the animal allegedly causing a nuisance
  • Internal database searches for history
  • Conducting enquiries at or near the alleged location of the animal nuisance
  • Conducting neighbourhood canvas’ by mail or in person
  • Conducting property inspections.

Animal nuisance complaints can be complex and may require thorough investigation. A complaint may take up to eight weeks to finalise.

Regulatory action

Under section 112 of the DA Act, the Registrar may issue a Nuisance Notice to the keeper of the animal believed to be causing a nuisance.  A Nuisance Notice will state that the animal nuisance must be reduced or stopped, and indicate that, unless the animal nuisance is reduced or stopped, proceedings may be instituted for contravention of the notice or an offence against section 110(1) – Offence of animal nuisance.

Under section 114 of the DA Act, an authorised person may seize an animal if the authorised person reasonably believes the animal is causing an animal nuisance.  A seized animal may be released to the keeper of the animal if the animal nuisance is not likely to happen again if the animal is returned to the keeper or carer, and any costs or expenses incurred by the Territory in seizing or impounding the animal are paid to the Territory.

Required forms

Investigation closure – decision not to issue a Nuisance Notice

Under section 114, if the Registrar decides not to issue a Nuisance Notice, the Registrar must—

  1. give written notice of the decision to the complainant; and
  2. advise the complainant about any methods available for settling the issue privately.

An animal nuisance complaint which has been investigated and closed by Domestic Animal Services, may be investigated again if new evidence is supplied that indicates a nuisance exists.

Review of decision to issue a Nuisance Notice

The decision to issue a Nuisance Notice is a reviewable decision. The keeper of the animal or occupier of the place may apply to the ACT Civil Administrative Tribunal (ACAT). The ACAT is an independent tribunal that can confirm, vary, set aside the decision, make a substitute decision, or remit the matter to the registrar for reconsideration.  The details of the ACAT are set out below.

Please note that there is a form for applying for review, and an application fee may apply regardless of the outcome of the review. Timeframes for applications also apply.

ACT Administrative and Civil Tribunal

  • Postal address: GPO Box 370, CANBERRA ACT 2601
  • Telephone: (02) 6207 1740
  • Facsimile: (02) 6205 4855
  • Email: tribunals@act.gov.au

We acknowledge the Ngunnawal people as traditional custodians of the ACT and recognise any other people or families with connection to the lands of the ACT and region. We acknowledge and respect their continuing culture and the contribution they make to the life of this city and this region.

To see how we are building stronger relationships with the Traditional Custodians of the ACT view the Reconciliation Action Plan.