01 November 2022
Sadly one of our members suffered horrible and heart breaking stock losses due to a dog attack and have been frustrated not only with the loss, but the process of doing the right thing. Local Government and Police were notified and statements taken.
Unfortunately in this instance, the dog, when caught slipped it’s collar. Photographic evidence of the devastation caused was not deemed enough as the dog itself was not in a picture. If the dog in question was clearly identified it would have been a clear case, the animal protection laws in this case is innocent until proven guilty.
Under the Dog Control Act 2000, Local Council are legislated with the control and management of dogs.
Part 3, Division 5, (s41) Attacking dogs
(1) A person may restrain or destroy a dog if the person –
(a) is being attacked by the dog; or
(b) sees the dog attacking –
(i) another person; or
(ii) another animal; or
(iii) a guide dog or hearing dog.
(2) A person who restrains a dog under subsection (1) is to notify the general manager as soon as possible.
(3) A person carrying on primary production relating to livestock on rural land or any other person acting under his or her authority may destroy any dog at large found on that land.
(3A) For the purposes of subsection (3) , a person is carrying on primary production relating to livestock on rural land if –
(a) the person is carrying on a primary production activity, within the meaning of the Primary Produce Safety Act 2011 , in respect of livestock; and
(b) that primary production activity is being carried on on land that is not within any city or town.
(4) A person who destroys a dog under subsection (1) or (3) , within 14 days after destroying the dog, must –
(a) notify the general manager; and
(b) return to the general manager any registration disc worn by the dog.
Difficult to do in the heat of trying to save your livestock, the official advice is to take a clear photo on your phone of the ‘offending’ animal if possible, our phones today are smart enough to date/time/location stamp which also is hard to argue against.
With peri urban encroachment and policy determination yet to align with other states where tenants can keep animals without landlord approval, sadly this issue will occur again, TFGA will assist where we can.