Western Australian Current Acts Western Australian Current Acts (1) A person who owns,
or who is for the time being lawfully in charge of, any animal or bird may
lawfully shoot or otherwise destroy a dog which he finds attacking that animal
or bird if there is no other way of stopping the attack and provided that
notice is given to a police officer as soon as is practicable thereafter.
(2) The owner or
occupier of any enclosed paddock, field, yard or other place in which any
horse, cattle, sheep, swine, goats or poultry (in this section referred to as
livestock ) are confined, or any person acting under the authority of that
owner or occupier, may lawfully shoot or otherwise destroy any dog found
therein, whether the owner of the dog is or is not known, if that dog is not
accompanied by some person.
(3) In any
proceedings, whether civil or penal, arising out of an attack by a dog upon
any animal or bird or the worrying or chasing of livestock, whether in a
confined area or otherwise, the fact that the dog was immediately prior
thereto in company with or had been seen continuously and closely following a
person is prima facie evidence that the person had the dog in his possession
or under his control for the purposes of the definition of person liable for
the control of the dog in section 3.
(4) Where it is
reasonably necessary for the protection of livestock confined or depasturing
on any land the owner or occupier of that land or a person acting under his
authority may lay poison on that land in baits likely to be taken by dogs
wandering at large if —
(a) the
poison is not laid within 20 m of any road, reserve or public place; and
(b) the
laying of that poison is authorised in the material circumstances by or under
any Act relating to the prevention, destruction or eradication of specific
kinds of animal or of animals in specified circumstances; and
(c) the
poison is not so laid as to endanger children or indigenous birds or animals,
but where the laying
of poison is not found to have been reasonably necessary, or does not
otherwise comply with the requirements of this subsection, a person who lays
poison in baits commits an offence.
Penalty: a fine of $1 000.
[Section 34 amended: No. 23 of 1987 s. 28; No. 24
of 1996 s. 16; No. 18 of 2013 s. 44.]