Overview for local governments Cat Act 2011

Overview 1.Why the introduction of cat legislation? 2.What is the Cat Act 2011? –Legislation overview 3.What does it mean for your local government? 4.Community awareness 5.Resources

There are a large number of unwanted and feral cats in Western Australia. It is estimated that approximately 5000 cats are euthanised each year. Local governments have different cat local laws, controlled and enforced in varying degrees. The Cat Act 2011 provides state-wide consistency. Why the introduction of cat legislation?

What is the Cat Act? The Cat Act introduces the following compulsory key mechanisms for all cats: –Microchipping –Sterilisation, and –Registration. These three elements are to be completed by the time the cat is 6 months old.

Legislation overview The following is a brief overview of key sections of the legislation. For the specific content of the legislation, please download the Act and Regulations from State Law Publisher (refer to the resources slide at the end of this presentation).

Registration Section 5 of the Act requires all cats to be registered with the local government authority. Failure to register can result in a $200 infringement notice or penalty up to $5,000. A local government is required to assess all applications for registration and either grant, renew or refuse the application.

Registration (cont. 1 ) Registration can be refused if: –The applicant is under 18 years; –The cat is not microchipped or sterilised; or –The applicant has been convicted of 2 or more offences against the Cat Act, Dog Act or Animal Welfare Act in the previous 3 years. Registration is not required for cats in the custody of the Cat Haven, RSPCA, Customs, a cat management facility, or veterinary clinic.

Registration (cont. 2 ) As with dogs, local governments are required to: –Issue a registration tag and certificate, and –Keep a register of cats. Registration can be for 1 year, 3 years or lifetime. Local governments are also required to give notice of a refusal to grant/renew a registration.

Microchipping All cats must be microchipped by the time they have reached 6 months of age. Failure to microchip can result in a $200 infringement notice or a penalty up to $5,000. Microchipping is important as it provides a permanent identification to enable pets to be returned to their owners. Cats are only exempt from the microchipping provision if they have an exemption granted by a veterinarian.

Sterilisation All cats are required to be sterilised by the time they reach 6 months of age. Failure to sterilise can result in a $200 infringement notice or penalty up to $5,000. Exemptions apply if: –A veterinarian grants an exemption –The cat is owned by an approved breeder under the Act.

Transfer Transfer includes selling or giving away a cat Before a cat is transferred it must be: –Microchipped, and –Sterilised. A cat does not have to be sterilised if: –The cat is too young to be sterilised in which case a prepaid voucher must be issued –The cat has a veterinarian exemption, or –The cat is being transferred to an approved breeder.

Transfer (cont) When a cat is transferred, it is the seller’s responsibility to notify the local government and microchip database company of the transfer. Cat owners are also required to notify the local government and microchip database company if there are any changes in details such as change of address.

Cat management Local governments have the power to issue Cat Control Notices and seize cats. A Cat Control Notice is used as a request for a person to comply, for example to sterilise/microchip their cats. It is effectively a warning. A cat can also be seized in a public place by an authorised person if it is suspected the cat is the subject of an offence. On private property seizure of a cat can be undertaken with the consent of the property owner.

Cat Management Facilities Once a cat is seized, it can either be returned to its owner, or taken to a Cat Management Facility (CMF). The operator of a CMF is required to do everything necessary to determine if that cat is owned or not. This may be done by: –Scanning for a microchip –Checking for a registration/name tag.

CMFs (cont.) If the cat is owned, the operator of a CMF must notify the owner in writing. Alternate contact details on the required form (Form 1) should be used as necessary. Owned cats need to be kept for 7 days. Unidentified cats are required to be kept for 3 days before they are re-homed or destroyed. If the cat is not microchipped or sterilised, it should be microchipped and sterilised before release.

Cat breeders If a person wants to have an unsterilised cat for breeding, they must apply to their local government for approval. A local government is to assess the application and may refuse it if they don’t have suitable facilities, have previous convictions under Cat Act, Dog Act or Animal Welfare Act in past 3 years, or are not a fit and proper person.

Cat breeders (cont.) Cat Breeders cannot be refused if they belong to a prescribed organisation, which includes –Cat Owners Association of WA –Feline Control Council of WA –Australian National Cats. Approvals are valid for 12 months only and a certificate must be issued to approved applicants.

Administration Local governments are authorised to administer the Cat Act The legislation provides for delegations, the appointment of authorised officers and introduction of local laws.

Authorised persons A local government may appoint people to be authorised persons to enforce the Act. Authorised persons do not need to be local government employees, and may include people employed by external organisations such as the Cat Haven. Only authorised persons employed by the local government can issue infringement notices.

Authorised persons (cont.) Authorised persons can destroy a cat if it is feral, diseased or dangerous and is likely to injure another person or animal. Authorised persons can also: –Request the name, address and date of birth of someone suspected of committing an offence –Enter premises with consent, or under a notice or warrant –Set traps, examine a cat or collect evidence from a premises lawfully entered.

Warrants The legislation provides for the issuance of warrants. The Regulations provide the warrant template. Applications for warrants need to be supported by evidence on oath.

Infringement notices Authorised persons employed by local governments can issue infringement notices for a range of offences outlined in Schedule 2 of the Regulations. Penalties for all infringement notices are $200. Offences subject to a modified penalty includes failure to sterilise, register or microchip.

Objections and review A person given notice of a decision regarding registration or approval to breed, has the right to a review of the decision. Objections must be lodged on the relevant form in the Regulations and lodged with the local government within 28 days. The legislation outlines the process for a local government to deal with an objection and the person’s right to appeal to the State Administrative Tribunal.

Prosecutions The legislation specifies that a person acting in the course of their duties as an employee of a local government, or a person authorised by a local government to do so, are authorised to commence a prosecution.

Local laws Section 79 of the Act provides that a local government is authorised to make local laws under the Cat Act, including for the following: –Cats creating a nuisance –Specifying where cats are prohibited –Cats to be confined –Limits on numbers –Regulation of approved breeders –Removing and impounding cats.

The legislation introduces a range of administrative and enforcement measures; however not all of those must be enforced Like the Dog Act, registration is a requirement that must be enforced A person who wants to breed needs to also apply to a local government for approval. These also need to be assessed What does the legislation mean for local governments?

What can a local government choose to do? While there are those matters that must be enforced, there are a number of management areas that local governments can choose to do including: –Cat control such as trapping and impounding –Employing external rangers to assist with cat control, and –Introducing a local law for issues such as nuisance.

Introduction of a local law As the relevant provisions have already taken effect, a local government can introduce local law/s now. However, there may be a benefit in waiting until after the full legislation takes effect to: –gauge the response from the community; –Identify if there is a need for a local law; and –Decide areas where a local law would be beneficial.

Responses to non compliance There are a number of options to deal with non compliance including: 1.Verbal request 2.Issuance of cat control notice 3.Issuance of an infringement notice 4.Commence prosecution.

Community awareness It is important to get the messages out to the community about the new legislation. The Department will be commencing a community awareness strategy aimed to coincide with the commencement of cat registrations by local governments. The Department is also developing resources for local governments and the community.

Options to promote the legislation Local governments can assist cat owners in the community understand the legislation by: –Liaising with local media to help communicate the requirements of the Cat Act 2011 –Taking advantage of the resources provided by the Department and display posters and fact sheets in prominent areas such as local libraries, community centres and animal shelters.

Promoting the legislation (cont.) –Include updates on the Cat Act in local government community communications, such as website news items and newsletters. The Department has developed an editorial article you can use. –Communicate internally with staff and councillors to ensure everyone is aware of the Cat Act and what it means to the local government and cat owners.

The Department has developed a number of resources to assist you: –Frequently Asked Questions –Fact sheets –Cat Act handbook –Flow charts –Editorial/article These are available on the Departments website. The Department is also continuing to develop additional resources. Resources

Useful links Department of Local Government and Communities State Law Publisher for copies of the legislation RSPCA (WA) Cat Haven

Useful links (cont.) Pet Industry Association Australian Veterinary Association Department of Agriculture and Food (for welfare related matters)

Julie Knight Principal Policy Officer Legislation Department of Local Government and Communities Tel: Fax: Web: Troy Hancock Principal Policy Officer Legislation Department of Local Government and Communities Tel: Fax: Web: Contacts