Dangerous, Menacing Dogs and Restricted Breeds in NSW

The Companion Animals Regulation 2008 brings strict requirements and provisions for dog owners that own Declared Dangerous Dogs, Menacing Dogs and Restricted Dog Breeds in New South Wales. Owners must comply with each requirement or face hefty fines for each offense. Read below for more details.

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Download - Dangerous Dog NSW Legislation Fact Sheet

Table of Contents

Declared Dangerous Dogs in NSW
Declared Menacing Dogs in NSW
Restricted Dogs in New South Wales
Requirements for Dangerous Dog Owners in NSW

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Declared Dangerous Dogs, Menacing Dogs & Restricted Dogs in New South Wales

The Dangerous Dog Act in NSW defines three types of dogs in this act, A Declared Dangerous Dog, a Declared Menacing Dog and Restricted Dogs. Any dog no matter what breed or size may be declared Dangerous or Menacing depending on the instances listed below.

Declared Dangerous Dogs in NSW

Any dog can be declared dangerous by an authorised council officer or a local court for the following reasons:

• • Attacked or killed a person or animal without provocation.
• • Repeatedly threatened to attack or repeatedly chased a person or animal without provocation.
• • Are kept or used for hunting excluding dogs used for locating, flushing, pointing or retrieving birds or vermin.
• • Has been declared dangerous under a law of another State or Territory that corresponds with the Act.
  
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Declared Menacing Dogs in NSW

Any dog can be declared dangerous by an authorised council officer or local court for the following reasons:

• • Displays unreasonable aggression towards a person or animal.
• • Attacked a person or animal without provocation but without causing serious injury or death.
• • Has been declared a menacing dog under a law of another State or Territory that corresponds with the Act.

Restricted Dogs in NSW

Similar to other States, in New South Wales, the local government has listed the following as Restricted Dogs:

• • American pitbull terrier or Pitbull terrier
• • Japanese tosa
• • dogo Argentino (Argentinean Fighting Dog)
• • fila Brasiliero (Brazilian Fighting Dog)
• • Any other dog of a breed, kind or description, whose importation to Australia is prohibited by the Customs Act 1901 of the Commonwealth. (Perro de Presa Canario or Presa Canario)
• • Any dog declared by an authorised officer of a council, under division 6 of the Companion Animals Act 1998.
  
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How do NSW Dangerous Dog owners comply with this Act?

The act demands a number of requirements for the owner of a Dangerous Dog, Menacing Dog or Restricted Dog for their own safety and the safety of the public or face large fines or imprisonment and the dog may be seized and destroyed.

Dangerous Dog Collar for Dangerous, Menacing or Restricted Dogs in NSW

A specially prescribed collar for Dangerous Dogs must be worn by the dog at all times. This collar easily identifies the dog as dangerous, menacing or restricted for the safety of the public. The collar consists of red and yellow diagonal stripes 25mm wide at a 45 degree angle. All of the stripes of at least 1 colour must be fluorescent or reflective so as to be visible in low light. It must be made of durable materials, is able to be securely fastened and has a secure device or facility that enables it to be attached on a leash and have a minimum width of:

• • 25mm for dogs weighing less than 20kg
• • 40mm for dogs weighing between 20kg and 40kg
• • 50mm for dogs weighing more than 40kg

New South Wales Dangerous Dog Warning Sign

The prominent display of Dangerous Dog Warning Signs on the premises where your dog is ordinarily kept is required to alert people of a Dangerous, Menacing or Restricted Dog. The warning sign design must be specific for NSW. It must have the words “Warning Dangerous Dog” at least 50mm high and 10mm wide and must be legible to any person immediately before entering the property. It must be no smaller than 40cm x 40cm, made of durable materials.

Muzzle & Leash for Dangerous, Menacing and Restricted Dogs in NSW

All declared dangerous, declared menacing and restricted dogs in New South Wales must wear a secure muzzle and securely leashed at all times when outside of the enclosure. Dogs that have been declared dangerous because it is kept or used for hunting are exempt from these requirements only when it is actually hunting.

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Containment of Dangerous, Menacing or Restricted Dogs in NSW

The owner of a Dangerous Dog, Menacing Dog or a Restricted Dog in New South Wales must provide and contain the dog in an enclosure that complies with the requirements of clause 24 of the Companion Animals 2008. The enclosure for a dangerous or restricted dog must comply with the following:

• • It must be fully enclosed, constructed and maintained in a way that the dog is not able to escape under, over or through the enclosure.
• • It must be closed and cannot be accessed by any person without the assistance of a resident above 18 years of age.
• • Children must be prevented from being able to access the enclosure.
• • It must be placed where people are not required to pass through the enclosure to reach another part of the property.
• • The enclosure must have a minimum height of 1.8m and a minimum width of 1.8m.
• • It must have an area for each dangerous dog not less than 10 square metres.
• • It must have walls that are fixed to the floor no more than 50mm from the floor.
• • It must be made of durable and solid materials or chain mesh made of at least 3.15mm wire with maximum spacing of 50mm or weldmesh made of at least 4mm wire with maximum spacing of 50mm.
• • It must have a concrete floor and graded to fall to a drain for waste removal.
• • It must have a weatherproof sleeping area for the dog.
  
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Other NSW Dangerous Dog Requirements

The requirements below are the rest of the requirements for dog owners with declared dangerous dogs, declared menacing dogs or restricted dogs in New South Wales.

• • Your dog must be Microchipped and Lifetime Registered.
• • The dog must be permanently desexed or sterilised.
• • The person in charge of your dog must not be below 18 years of age.
• • You are not allowed to transfer ownership of the dog. It is also an offense to accept ownership of a dangerous or restricted dog.
• • You are not allowed to sell, advertise it for sale or give away your dog.
• • You are not allowed to breed or advertise to breed your dog before sterilisation. (Applies only to Restricted Dogs)
• • You must notify your local council of the following situations:
  • ---- Your dog attacks or injures a person or animal. Must notify within 24 hours of the attack or injury.
  • ---- Your dog cannot be found. Must notify within 24 hours of the dog’s absence.
  • ---- Your dog has died.
  • ---- Your dog is moved to a different location.
    
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Click below to Download your Fact Sheet and print it to share with other dog owners. You can also upload this to your website or even send it to your mailing list.

The information contained on this page is meant as a general guide and general advice only and not for the purpose of providing legal advice. We recommend people follow the instructions of their local government department. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date and should in no way be taken as an indication of future results. The Dog Line offers this information freely and takes no responsibility for its accuracy. For more details, please contact your local council.