Document ID: chunk:federal_register_of_legislation:F2016L00619:reg:58
Version: federal_register_of_legislation:F2016L00619
Segment Type: reg
Provision Reference: reg 58
Character Range: 54748–56958

58  Restrictions on animals

Dogs
 (1) A person must not, on Aboriginal Land, own or keep a dog that is not registered in accordance with the requirements applicable in the Jervis Bay Territory for the registration of dogs.
 (2) A person who is in charge of a household on Aboriginal Land must ensure that not more than 2 dogs are kept as part of the household.
 (3) Subsection (2) does not apply to the keeping of a dog that is a guide dog used by a blind person, a hearing dog used by a deaf person or an assistance animal used by a person with a disability.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3), see subsection 13.3(3) of the Criminal Code.
 (4) A person who owns a dog must, on Aboriginal Land, keep the dog on a leash not more than 3 metres in length.
 (5) Subsection (4) does not apply if the dog is:
 (a) inside the property of its owner; or
 (b) in another area that is declared by the Council to be an "off‑leash" area.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5), see subsection 13.3(3) of the Criminal Code.
 (6) For the purposes of paragraph (5)(b), the Council may, by notifiable instrument, declare an area to be an "off‑leash" area.

Cats
 (7) A person who is in charge of a household on Aboriginal Land must ensure that not more than 2 cats are kept as part of the household.

Other animals
 (8) A person must not, on Aboriginal Land, own or keep any of the following animals:
 (a) a farm animal;
 (b) an animal (other than a dog or cat) that is large enough to disturb the peace, quiet and enjoyment of members of the Community;
 (c) an animal (other than a dog or cat) that:
 (i) is not an adult animal; and
 (ii) would, as an adult, be large enough to disturb the peace, quiet and enjoyment of members of the Community;
 (d) an animal (other than a dog or cat) that is large enough to be capable of causing damage to the environment;
 (e) an animal (other than a dog or cat) that:
 (i) is not an adult animal; and
 (ii) would, as an adult, be large enough to be capable of causing damage to the environment.

Offence
 (9) A contravention of subsection (1), (2), (4), (7) or (8) is an offence.