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Aim

This guideline is intended to provide guidance in respect of the keeping of animals and their proximity to certain activities.

Background

It is acknowledged that certain requirements exist in Schedule 5 - Standards for the Keeping of Birds and Animals under the Local Government (Orders) Regulation 1993 which can be related to this guideline. In certain circumstances this guideline suggests requirements which are more onerous than those specified in Schedule 5.

These more onerous requirements have been developed over many years within Tweed Shire and are offered to residents as the minimum animal keeping practices which are likely to be suitable. They are intended to ensure the well being and safety of the animal and avoid disturbance of adjoining properties.

This guideline is not intended to be taken as an approval to keep animals. Officers may assess each individual case of animal keeping on its merits and variations to this guideline may be permissible on this basis. Further, more stringent requirements than are provided in this guideline may be deemed applicable under certain circumstances, and may be enforced by way of Orders.

Persons choosing to keep animals should also be mindful of their obligations under the Prevention of Cruelty to Animals Act 1979 and the Companion Animals Act 1998.

The objective of the Animal Keeping Guidelines is to ensure the well being of animals kept in urban areas and to ensure that these animals do not create a health, noise or odour nuisance.

1. Keeping of Dogs in Towns, Urban Areas and Villages

  1. All dogs and cats kept within the Tweed Shire Council area must be microchipped and registered.
  2. The number of dogs kept on premises situated in towns, urban areas and villages, other than residential units, is recommended by Tweed Shire Council as no more than two.
  3. Kennels should be kept in a clean and healthy condition at all times.
  4. Owners should at all times take necessary measures to prevent dogs from barking or howling (Council may offer advice or assistance in this regard).

(Dog owners are further advised that 88B restrictions may apply to the keeping of dogs at certain premises)

2. Keeping of Horses and Cattle in Towns, Urban Areas and Villages

Standards stipulated under the provisions of the Local Government Act that may be enforceable by orders because that are being kept inappropriately or of an appropriate number are as below:

Horses and cattle not to be kept near certain premises
  1. Horses and cattle must not be kept within 9 metres (or such greater distance as the council may determine in a particular case) of a dwelling, school, shop, office, factory, workshop, church or other place of public worship, public hall or premises used for the manufacture, preparation or storage of food.
  2. The floors of stables must be paved with concrete or mineral asphalt or other equally impervious material, and must be properly graded to drain.
  3. Horse yards and cattle yards must be so enclosed as to prevent the escape of horses and cattle.
  4. The standards in this clause apply to a person only if the council has served an order under section 124 of the Act to that effect on the person.
Note: The above standards are generally applied in a residential situation and not where the keeping of animals is of such numbers/nature that would constitute an animal establishment.

3. Keeping of Poultry in Towns, Urban Areas and Villages

Poultry should only be kept under the following conditions:

  1. Fowls should not be kept nearer than a distance of 4.5 metres from any dwelling, public hall, school or any premises used for the manufacture, preparation, sale or storage of food and other varieties of poultry shall not be kept nearer than 30 metres from any dwelling, public hall or school or any premises used as aforesaid.
  2. Poultry houses should not be kept nearer than a distance of 3 metres from any lot boundary and the floors of all poultry houses should be paved with concrete or mineral asphalt underneath the roosts or perches.
  3. The poultry yard space should be so enclosed so as to prevent the escape of poultry.
  4. No more than 10 adult fowls should be kept at any one time.
  5. Council discourages the keeping of roosters in towns and urban areas.
  6. The poultry house and yard space is to be kept in a condition so as not to create odours or encourage the breeding of flies.

Keeping of Swine

Swine not to pollute
  1. Swine must not be kept in such a place or manner as to pollute any water supplied for use (or used, or likely to be used):
  • by a person for drinking or domestic purposes, or
  • in a dairy.

2. Swine’s dung must not be deposited in such a place or manner as to pollute any water referred to in subclause (1).

Swine not to be kept near certain premises
  1. Without limiting clause 1, swine must not be kept (and swine’s dung must not be deposited) within 60 metres (or such greater distance as the council may determine in a particular case) of a dwelling, shop, office, factory, church or other place of public worship, workshop, school or public place in a city, town, village or other urban part of an area.
  2. A greater distance determined under this clause applies to a person only if the council has served an order under section 124 of the Act to that effect on the person.

(Animal owners shall comply with a development consent or an order issued by Council which require more stringent keeping practices than those above)

Further enquiries may be directed to Council's Environment and Health Services Unit on (02) 6670 2400.

Frequently Asked Questions

Can roosters be kept in a residental area?
It is not illegal to keep rooster(s) in a residential area. However if there are concerns pertaining to noise and/or conditions of the rooster(s) then this will be determined based on the circumstances of each case. Please contact the Council on (02)  6670 2400 or 1300 292 872 if more information is required.
Last Updated: 07 December 2017