Dogs and Cats in the Urban Environment

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SOUTH AUSTRALIAN LEGISLATIVE APPROACH TO CAT MANAGEMENT

We have based our discussion of the main features of the South Australian Dog and Cat Management Act on two papers, one by McCann at UAM3 in Canberra1 and one by Kelly at UAM4 in Melbourne.2 

Differentiating owned and unowned cats allows responsible cat ownership to be promoted at the same time as it allows for the humane removal of unowned cats. The drafters of the South Australian bill thus made identification of owned cats the major plank of their legislation. Under the Act:

ï a cat is defined as legally owned if identified in accordance with the regulations

ï owned cats are protected unless they are in remote areas, National Parks or designated sanctuaries

ï unowned cats can, with the consent of the landholder, be removed without risk of civil liability

ï a council may introduce bylaws to manage cats should this be the wish of the residents

The Act is a sophisticated instrument that takes account of the complexity of the issues involved. (See: Issues and rationale)

The Act is essentially a framework that protects owned cats while making it legal for councils to deal with unowned cats if they wish. Any council wishing to establish a more formal cat management strategy may do so by introducing their own local laws. As McCann says, the Act is based on freedom of choice:

A person is free to identify, or not identify; free to permit an unowned cat on their land, or to remove it. Consequently, the strategy will largely be funded on a user pays basis. If a land holder wishes to implement the legislation, either to protect their cat or to remove an unwanted one, it would be at their own expense. If councils choose to undertake a cat management program, they will pay for it.1 

For our part, we see it as an excellent example of a state government searching for middle ground in urban animal management. We look forward to the upcoming review of the Dog and Cat Management Act to see how the cat provisions have been accepted and implemented by councils and the community-at-large.

1. McCann KJ. 1994. Cat management in South Australia. In: Paxton DW, editor. Urban Animal Management: proceedings of the Third National Conference on Urban Animal Management in Australia (Canberra, 1994). Sydney: AVA: 99-102.

2. Kelly D. 1995. Cat legislation in South Australia. In: Paxton DW, Boland P, editors. Urban Animal Management: proceedings of the Fourth National Conference on Urban Animal Management in Australia (Melbourne, 1995). Sydney: AVA: 133-139.

 
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