FAQs
- an activity or condition which is harmful or annoying and which gives rise to legal liability in the tort of public or private nuisance at law;
- an unreasonable interference with the use and enjoyment of a person of his or her ownership or occupation of land;
- interference which causes material damage to land or other property on the land affected by the interference.
Why is the City reviewing its Cats Local Law?
In accordance with the Local Government Act 1995 the City must review its local laws every eight years and the City’s Cat Local Law 2016 is currently due for review.
In recent years the management of cats within the community has been a topic of interest. The City’s initial Cats Local Law 2016 provided for the maximum number of cats which can be kept at a premises. The Cat Act 2011 (External link) and subsidiary regulations allows for the City to develop a local law with additional powers such as cat prohibited areas, cats not to be a nuisance, licensing of cat management facilities and the number of cats which can be kept at a premises.
This proposed local law has been developed to maximise the control available to the City in accordance with current legislation.
How many cats can I have?
Three - there has been no change to the number of cats you can have. As it was in the City’s initial Cats Local Law 2016, three cats are allowed under the proposed new local law. Any more must be approved by the City.
What if I want more than three cats?
Under the existing Cats Local Law and the proposed Cats Local Law 2024, a permit will be needed from the City to keep more than three cats over the age of six (6) months. An application for approval can be made and must be accompanied by an application fee that is listed on the City’s schedule of Fees and Charges (External link). The application will be assessed by the City and an outcome provided.
Can I let my cat roam?
The City encourages responsible pet ownership and as a responsible cat owner you are asked to:
• Keep your cat confined to your property, especially at night;
• Ensure your cat is easily identifiable with a collar and a name tag; and
• Vaccinate your cat.
The Cat Act 2011 (External link) does not provide legislative authority to prohibit cats from wandering in all areas. The City’s proposed Cats Local Law 2024 will create specific cat prohibited areas within the City.
What makes a cat a nuisance?
While the Cat Act 2011 (External link) allows for the City to incorporate a section in its local law stating that the owner of a cat shall not allow a cat to create a nuisance, the Cat Act itself does not provide a definition of nuisance. Therefore the common law meaning of the word should apply which has previously been accepted by the Joint Standing Committee on Delegated Legislation:
Why is the City introducing Cat Prohibited Areas and where are they?
Roaming feral and domestic cats kill and disturb wildlife. In WA alone, 36 mammal species, 22 bird species, and 11 reptile species are threatened by cats.
To protect our flora and fauna, cats are prohibited from many of the City’s wetlands, bushland, conservation areas or other sensitive natural environments. These areas are listed in schedule 1 of the proposed local law.
What will happen if my cat is captured in a prohibited area?
The City aims to protect native wildlife from roaming cats, whilst also ensuring cats are not harmed.
Cat trapping or seizure is undertaken by City Rangers in accordance with legislation and regulations, including the Animal Welfare Act 2002 (External link) and under section 52 of the Cat Act 2011 (External link).
As detailed in part 4 of the City’s proposed local law, the owner of the cat seized in a cat prohibited area commits an offence.
An authorised person may seize and remove or direct the seizure and removal of the cat from a cat prohibited area, pursuant to the Cat Act 2011 (External link).
▪ Registered cats
Once captured, cats are transported to the City’s Animal Care Facility (External link) located at 199 Thelma Street Como. Here, they are scanned for a microchip, and if registered, their owner is contacted to arrange collection.
The owner of the cat must pay the costs involved in the seizure, boarding of the cat (if applicable), and an infringement under the proposed City of South Perth Cats Local Law 2024. Cats will be held for a minimum of eight business days to allow the owner to come forward.
▪ Unregistered cats
It is a legal requirement in Western Australia that all domestic cats over six (6) months be sterilised, microchipped, wear a tag in a public place and are registered with their local government.
Unidentified cats will be held at the Animal Care Facility (External link) for a minimum of four business days.
What will happen with my feedback?
All feedback will be analysed and presented to Council alongside officer recommendations to consider for endorsement. Everyone who submitted feedback and provided their contact details will be notified of the Ordinary Council Meeting date at which Council will consider endorsing the proposed Cats Local Law 2024.
How can I ask questions about the project?
Ask us a question online and we’ll either answer you on the project page or email you directly.
You can also speak to the project team by calling the City on 9474 0777 or make a request on the City's website (External link).