Restricted Breeds and Declared Dangerous Dogs
Important Information for owners of Restricted & Dangerous Dogs in NSW
There are now increased requirements for the control of restricted breeds and dogs declared dangerous as well as higher penalties for not meeting the new safety obligations. These changes are in the interest of safety for the entire community.
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Who do the new regulations apply to?
These new regulations will apply to you if you own any of the following restricted breeds of dogs or a dog that has been declared dangerous by a Council.
Which dogs are Restricted breeds?
American Pitbull or Pitbull Terrier
Japanese Tosa
Dogo Argentino (Argentinean fighting dog)
Fila Brasiliero (Brazilian fighting dog)
Are Cross-Breeds restricted?
If you own a cross- breed or Council suspects your dog is a cross breed you will receive a notice of intention to declare the dog a restricted breed.
If you disagree with the breed classification of your dog, you have the right to request a breed assessment (from a registered breed assessor).
Should the breed assessor find that your dog is a cross breed of a restricted dog you may then request a temperament assessment.
A temperament assessment will determine whether your dog is actually dangerous and required to be classified as restricted breed.
Please contact Council for more information.
What is a Declared Dangerous Dog?
Any dog can be declared dangerous if it has –
- Without provocation attacked or killed a person or animal
- Repeatedly threatened to attack
- Repeatedly chased a person or animal.
Dog Attacks
If you or your pet have been the victims of a dog attack you must contact Council and report it. Council will investigate the attack and depending on the outcome a notice may be given to the owner of the dog stating Councils intention to declare the dog dangerous.
Dog attacks may also involve legal proceedings, hefty fines and euthanasia of the dog responsible.
What are your new responsibilities as the owner of a Restricted Breed or a Dangerous Dog?
Your dog must be desexed
Check with your local vet clinic about costs and bookings for this procedure. Welfare Organisations such as the RSPCA offer discounted desexing for low- income earners and pensioners.
When at home your dog must be kept inside an enclosure
Your dog is no longer able to freely roam your house or property and must be kept in a special enclosure.
The enclosure must meet specific requirements (see below) and will require a Development Application (DA).
Once the enclosure has been built it must be inspected by a Council Officer, who will make sure it is compliant and if so a certificate of compliance will be issued.
You will have three months from the date that the dog was declared restricted or dangerous to have the enclosure built and in use.
What are the Enclosure Requirements?
The enclosure must:
- Have a minimum height of 1.8m and width of 1.8m
- Have an area of not less than 10 square metres for each dangerous dog kept on the property
- Be completely enclosed, constructed and maintained so that the dog cannot dig or escape under, over or through the enclosure.
- Be constructed so that a person cannot have access to it without the assistance of the owner/occupier.
- Not be located anywhere on the property that requires people to pass through it to gain access to other areas of the property.
- Be designed to be childproof - containing a self-closing and self-latching gate that remains locked when the dog is inside.
- The gate must display an approved “Warning Dangerous Dogs” sign.
- Have walls that are fixed to the floor and constructed to be no more than 50 mm from the floor.
- Have walls, a fixed covering and gate constructed of brick, timber, iron or similar solid materials and/or chain mesh manufactured from wire at least 3.15mm thick to form maximum spacing of 50mm or Weldmesh manufactured from 4mm wire with a maximum spacing of 50mm.
- Have a floor constructed of sealed concrete that slopes to fall into a drain for the removal of effluent.
- Provide a weatherproof sleeping area.
Do I need permission to build this enclosure?
Yes. The building of a structure which complies with the above requirements requires approval from Council.
If you live in a property owned by the Department of Housing you will need to speak directly with the Department of Housing to ascertain whether this type of enclosure will be permitted on the property.
Residents who live in rental properties will need to seek permission from their landlords before considering building this enclosure and the owner of the property must complete and submit the Development Application.
Your dog must be muzzled
A muzzle must be securely fitted on your dog in a manner that will prevent it from biting any animal or person when outside its enclosure either at home or in a public place.
Your dog must always be kept on a collar and lead
Your dog must be under effective control of a person over 18 years of age when outside the enclosure. You must keep the dog on a secure chain or flat collar and a secure lead. You must not walk your dog off-leash, even in a designated off-leash park.
Your dog must wear a distinctive red and yellow striped collar (see below)
This collar alerts other people that your dog is dangerous or a restricted breed, it is an offence to put such a collar on any other type of dog. Please contact your Council to enquire about getting a special collar.
What are the Collar Requirements?
The collar must:
- Have red stripes alternating with yellow stripes, each being 25mm and set diagonal to the rim of the collar at an angle of 45 degrees.
- Have the yellow or red stripe reflect in the dark
- Be made of durable materials
- Be able to be securely fastened
- Have a device or facility allowing it to be attached to a lead
- Have a minimum width of 25mm for dogs weighing less than 20kg, 40mm for dogs between 20kg and 40kg or 50mm for dogs weighing more than 40kg.
A restricted breed or dangerous dog cannot be owned by anyone under the age of 18 years.
You must be over 18 years to own a dangerous dog or a restricted breed. You cannot leave your dog in the care of anyone under the age of 18 years
It is illegal to give away, sell, breed from, or acquire a restricted breed or a dog declared dangerous.
Your dog cannot be given away or sold.
- You cannot breed from your dog
- You cannot purchase or accept a restricted breed from anyone else.
- Any restricted breeds or dangerous dogs that are surrendered or impounded will be humanely euthanased.
You will need “Warning Dangerous Dogs” signs on your property
The lettering on the signs must be clearly visible from the boundaries of the property. The sign must be no smaller than 40cm X 40cm (at least 50mm high and 10mm wide) and be made of durable, weather proof materials. Please contact your Council to enquire about appropriate signage.
What could happen if I fail to meet the new safety requirements?
Rangers and police now have increased powers and can seize a restricted or dangerous dog if the owner fails to meet the new safety requirements.
Your dog can be seized and immediately euthanased if it attacks or bites without being provoked or if the enclosure or muzzling requirements have not been complied with on two separate occasions over a twelve-month period.
Heavy fines of up to $55,000 can also be issued for offences relating to the new legislation. You could also be imprisoned for up to 2 years for certain offences
Last Updated: Monday 20 April, 2009
