Victorian Consolidated Regulations

DOMESTIC ANIMALS REGULATIONS 2015 - REG 7

    (1)     For the purposes of section 38(3)(c) of the Act, an enclosure complies with the regulations if it—

        (a)     has a minimum height and width of 1·8 m; and

Reg. 7(1)(b) amended by S.R. No. 165/2015 reg. 3(1).

        (b)     has a minimum area of 10 square metres for every such dog kept at the owner's premises; and

        (c)     provides a weatherproof sleeping area sufficient for all dogs in the enclosure.

    (2)     In the case of a dangerous dog, the enclosure must, in addition to the requirements of subregulation (1)—

        (a)     be fully enclosed; and

        (b)     have walls that are—

              (i)     fixed to the floor; and

              (ii)     constructed to be no more than 50 mm from the floor; and

        (c)     have walls, a roof and a gate that are constructed of—

              (i)     brick, timber, iron or similar solid materials; or

              (ii)     mesh that complies with subregulation (4); or

              (iii)     any combination of those materials referred to in subparagraphs (i) and (ii); and

        (d)     have a floor that is—

              (i)     constructed of concrete; and

              (ii)     graded to fall to a drain for the removal of effluent; and

        (e)     have a gate that—

              (i)     has a lock that enables the enclosure to be securely locked when the dog is in the enclosure; and

              (ii)     is kept locked when the dog is in the enclosure.

    (3)     In the case of a restricted breed dog, the enclosure must, in addition to the requirements of subregulation (1)—

        (a)     if the owner of the dog is directed by an authorised officer under subregulation (5), have a perimeter with an inward-facing overhang of 0·7 m angled at 35 degrees to the horizontal plane; and

        (b)     be constructed of—

              (i)     brick, concrete, timber, iron or similar solid materials; or

              (ii)     mesh that complies with subregulation (4); or

              (iii)     any combination of those materials referred to in subparagraphs (i) and (ii); and

        (c)     be constructed and maintained in a manner which prevents the dog from being able to dig or otherwise escape under, over or through the perimeter of the enclosure; and

        (d)     be designed to prevent children from climbing into the enclosure; and

        (e)     if the enclosure contains gates, each gate must—

              (i)     contain a self-closing and self-latching mechanism that enables the enclosure to be securely locked when the dog is in the enclosure; and

              (ii)     be kept locked when the dog is in the enclosure; and

              (iii)     not be situated on premises in such a manner that people are required to pass through the enclosure.

    (4)     Mesh used in the construction of an enclosure must be—

        (a)     chain mesh manufactured from 3·15 mm wire to form a uniform 50 mm mesh; or

        (b)     weldmesh manufactured from 4 mm wire with a maximum mesh spacing of 50 mm.

    (5)     An authorised officer may direct an owner of a premises where a restricted breed dog is housed in an enclosure to ensure that the perimeter of the enclosure has an inward-facing overhang of 0·7 m angled at 35 degrees to the horizontal plane, if the officer reasonably believes that the dog has previously escaped over the perimeter of the enclosure.

Note to reg. 7 inserted by S.R. No. 165/2015 reg. 3(2).

Note

Section 38 of the Act sets out the circumstances in which the owner of a dangerous dog must keep the dog in a prescribed enclosure that complies with the regulations. Section 41G of the Act sets out the circumstances in which the owner of a restricted breed dog must keep the dog in a prescribed enclosure within the meaning of section 38 of the Act.