New South Wales Consolidated Acts

COMPANION ANIMALS ACT 1998 - SECT 30

30 Cats prohibited in some public places

(1) Cats are prohibited in the following places--

(a)
"Food preparation/consumption areas" (meaning any public place, or part of a public place, that is within 10 metres of any apparatus provided in that public place or part for the preparation of food for human consumption or for the consumption of food by humans).

(b)
"Wildlife protection areas" (meaning any public place or any part of a public place set apart by the local authority for the protection of wildlife and in which the local authority ordered that cats are prohibited for the purposes of the protection of wildlife and in which, or near the boundaries of which, there are conspicuously exhibited by the local authority at reasonable intervals notices to the effect that cats are prohibited in or on that public place).

(2) If a cat is in a place in which cats are prohibited under this section--

(a) the owner of the cat, or

(b) if the owner is not present at the time of the offence and another person who is of or above the age of 16 years is in charge of the cat at that time--that other person,

is guilty of an offence.

: Maximum penalty--8 penalty units.

(3) Any person (including an authorised officer) may seize a cat that is in a place in which cats are prohibited under this section for the cat's own protection.

(4) If the owner of the cat is present, an authorised officer (but no other person) may seize the cat (whether or not for the cat's own protection), but only if the owner fails to remove the cat from the place when the officer directs the owner to do so. A reference in this subsection to the owner of the cat includes a reference to the person who is for the time being in charge of the cat.

Note--: Removing the cat prevents the cat being impounded but it does not excuse the contravention and does not stop action being taken for the contravention.

(5) A cat is not prohibited under this section in a place that is a food preparation/consumption area if the place is a public thoroughfare (such as a road, footpath or pathway).

(6) A local authority is authorised to make the orders contemplated by this section.