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Cat Local Law

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Engagement for this project has now closed.

Last Updated: 2 December 2024 Follow Engagement

We're proposing to make a local law to control cats in certain natural areas. It also has provisions to outline and clarify the number of cats that can be kept without approval.

The purpose of the proposed City of Melville Cat Local Law 2024 is to promote responsible cat ownership and develop a coordinated approach in the management of cats within the City of Melville.

The effect of the proposed City of Melville Cat Local Law 2024 is to establish provisions to reduce the impact domestic cats have in the community by specifying places within the City where cats are prohibited absolutely.

View the revised proposed local law

    Why is this being proposed?

    At the Ordinary Meeting of Council held 15 March 2022, Council endorsed the 2022 – 2026 Cat Management Plan, which included investigating the introduction of a Cat Local Law in response to an objective to “reduce predation of feral, owned, un-owned and semi-owned cats on native wildlife.”

    As such, we're proposing the introduction of a new Cat Local Law to meet the contemporary needs of the City, with respect to responsible cat ownership and associated provisions. The process for making a local law is prescribed in section 3.12 of the Local Government Act 1995, with the first step being to give notice of the purpose and effect of the proposed local law, as well as commencing a six-week public consultation process.

    Following feedback from the community and the Department of Local Government, Sports and Cultural Industries, we have revised the proposed Cat Local Law and present the updated version for further public comment. Given the significance of these revisions, a report was submitted to Council seeking approval to re-advertise the revised local law for additional community feedback. Council endorsed the public advertising of the revised Cat Local Law at the Ordinary Meeting of Council in November 2024.

    Revised changes include:

    • Amendment to the definition of ‘nuisance’ to align it with the model definition as approved by the State Government. Most notably, this involves removal of subclause (d) which dealt with acts ‘likely to be injurious or dangerous to the health of any native fauna or flora’;
    • Reduction in the number of cat prohibited areas (Schedule 2) to only those with significant native flora or fauna, or reserves set aside for conservation and nature;
    • Amendments to the cat limit clause to make it clear the limit does not apply to:
      • fostered cats; and
      • cats that are only at the household temporarily (i.e., that person is cat sitting while the owner is away); and
    • Further amendments to the cat limit clause to make it clear that households that currently have more than the limit (i.e., more than 2 cats) will not have to apply for a permit provided the cats are registered with the City before the commencement date of the local law.

    Ways to share your feedback

    Community engagement closed at 4.00pm Monday,  20 January 2025.

    Submissions were able to be provided online, in writing, in person and over the phone. 

    To stay updated on the outcomes of this project, click on the ‘follow engagement’ button at the top of this page.

    FAQs about the engagement 


    What engagement had already taken place?

    From 10 June to 24 July 2024, we invited submissions from the public on the proposed cat local law. In total, 359 valid submissions were received, as well as feedback from the Department of Local Government, Sports and Cultural Industries (the Department) on behalf of the Minister of Local Government.

    In 2021, we collaborated closely with the community, relevant State agencies, and cat industry bodies and experts to develop the Cat Management Plan. This involved gathering insights from various data sources and research papers, as well as soliciting feedback from 1,132 community participants. Their valuable input helped shape the objectives and actions outlined in the plan.

    Furthermore, the community was actively engaged in the process. They were invited to review the draft Cat Management Plan and provide formal comments on the proposed actions, as well as indicate their level of support for each action. In response, we received 97 valid submissions, demonstrating the community's commitment to effective cat management.

    Why did you re-advertise the Cat Local Law?
    We re-advertised our proposed Cat Local Law (now called the revised Cat Local Law) because we made significant changes in response to community and Department of Local Government, Sports and Cultural Industries feedback. We believe the community should have an opportunity to comment on these changes. 
    How can I provide a submission?

    The public comment period has now closed.

    We aim to make our engagement processes as inclusive as possible, and the community was able to provide submissions in several ways:

    • By completing the online submission form that featured on this page
    • Completing a hard copy form and dropping it off at one of our many libraries or leisure facilities
    • Contacting the City at 08 9364 0444 or visiting the Civic Building to complete a submission with an Officer in person or over the phone
    • In writing by posting your submission to the City of Melville, Locked Bag 1, Booragoon WA quoting reference CATLOCALLAW.

     We value community input and want to ensure everyone has an opportunity to contribute to our projects. 

    How can I make a good submission?

    The best submissions are specific and provide feedback on specific clauses in the proposed local law, as opposed to making general comments about the topic of the local law. 
     
    To help ensure we can properly understand and properly consider your feedback, please: 

    • Identify which Part or Clause your feedback is about; 
    • clearly explain why you are supportive, or not supportive, of that particular Part or Clause; and 
    • if you are proposing changes to a Part or Clause, clearly explain the rationale behind the proposed changes and how it will contribute to the purpose and effect of the local law. 

    Please be aware that a local law cannot be inconsistent with the Local Government Act 1995 or any subsidiary regulations, nor can it be inconsistent with any other written law, and any submissions which would result in inconsistencies cannot be considered. 

    What will happen with my submission?

    The feedback we gathered during this engagement process will be carefully considered to help shape the final version of the Cat Local Law. This information will be compiled and presented to Council.

    What happens now the public consultation process finishes?

    If any changes are made to the revised Cat Local Law, and the changes are not significant, the revised Cat Local Law will be presented to Council for adoption. If any significant changes are made, we will do another round of public consultation before presenting to Council for adoption.

    Why do you need my personal information?

    We incorporates demographic questions in surveys and forms to ensure the feedback collected accurately represents our diverse community.

    This approach allows us to engage a wide range of stakeholders and tailor our communication strategies effectively. By analysing demographic data, we can identify segments of the community that may not be adequately represented, enabling us to create targeted outreach opportunities. We also use this information to monitor, meet targets and evaluate our efforts.

    To maintain the integrity of our submisison process, we do not accept duplicate or anonmyous submissions. Your contact details are not made public as part of this process. Your name will only be shared with Council and included in the Council report if you give us permission to do so.

    Are there any other ways I can get involved?
    Although the formal submission period has ended, you can make a deputation to Council at the Agenda Briefing Forum prior to the Ordinary Council Meeting where Council will consider whether to adopt the final Cat Local Law. If you don’t want to make a deputation, you can provide a written submission instead.

    FAQs about the Local Law


    Why is the City proposing a Cat Local Law?

    At the Ordinary Meeting of Council held 15 March 2022, Council endorsed the 2022 – 2026 Cat Management Plan, which included investigating the introduction of a Cat Local Law in response to objective two to “reduce predation of feral, owned, un-owned and semi-owned cats on native wildlife”.

    What are the proposed cat-prohibited areas, and how will the City enforce them?
    The full list of cat prohibited areas can be found in Schedule 2 of the proposed Cat Local Law.

    Enforcement of the City’s cat prohibited areas will be aligned with the City’s Compliance and Enforcement Policy, which provides for an escalating range of actions from education and warnings to infringements and prosecution. The approach taken will be determined on a case-by-case basis.
     
    The proposed infringement amount is $300. If prosecuted, a Court may impose a fine of up to $5,000.
    What will happen if my cat is captured in a prohibited area?

    If your cat is captured in a cat prohibited area, the City will, if your cat is registered, either return the cat to your house or ask you to pick your cat up from a designated collection point. You may also be issued with an infringement for letting your cat enter a cat prohibited area.
     
    If your cat is not registered, it will be taken to the South Perth Animal Care Facility, who advertise all ‘lost and found’ pets on their website. If we cannot identify you as the owner and if you do not claim your cat, your cat may be rehomed.

    What happens if I already own more than two cats?
    If you currently own more than two cats before the Cat Local Law comes into effect, you will be allowed to keep your cats without needing a permit, as long as they are registered with the City before the commencement date. However, once a cat passes away or is relocated, you will need to apply for a permit if you wish to replace it.
    Why did you change the definition of ‘nuisance’?
    The definition of "nuisance" has been revised to align more closely with the State Government-approved definition. We were also advised by the Department of Local Government, Sports and Cultural Industries to remove subparagraph (d) from the original definition, as it was likely beyond our legal authority to include it. If we had not removed it, and the Department's advice proved correct, Parliament would likely require its removal once the Cat Local Law comes into operation. This would incur additional costs for the City, which would ultimately be passed on to ratepayers.
    Why doesn’t the Cat Local Law impose a cat curfew or restrict cats to their owner’s property boundaries?

    We do not have the power to impose a cat curfew, restrict cats to their owner’s premises, or require them to be under 'effective control' while in public, as these provisions would be inconsistent with the Cat Act 2011.By law, we are prohibited from making local laws that conflict with State legislation. If we were to do so, there is a risk that our cat local law could be ‘disallowed’ by Parliament, rendering it ineffective. In such a case, the City would incur additional costs in preparing a new, compliant local law, with those costs ultimately falling to ratepayers.

     
    Why are you reducing the number of cat prohibited areas?

    The number of cat prohibited areas has been reduced following advice from the Department of Local Government, Sports and Cultural Industries, who have indicated that the initial list might be viewed by Parliament as a ‘de facto ban on cats in public areas’, potentially conflicting with the Cat Act 2011.

    We also believe that the reduced list is more in line with the Council-endorsed Cat Management Plan 2022-2026, which specifies that we would investigate a cat local law to "prohibit cats from certain areas, such as native bushland and reserves".
    What are the key changes in the revised Cat Local Law?

    Key changes include:

    • Amendment to the definition of ‘nuisance’ to align it with the model definition as approved by the State Government. Most notably, this involves removal of subclause (d) which dealt with acts ‘likely to be injurious or dangerous to the health of any native fauna or flora’;
    • Reduction in the number of cat prohibited areas (Schedule 2) to only those with significant native flora or fauna, or reserves set aside for conservation and nature;
    • Amendments to the cat limit clause to make it clear the limit does not apply to:
      • fostered cats; and
      • cats that are only at the household temporarily (i.e., that person is cat sitting while the owner is away); and
    • Further amendments to the cat limit clause to make it clear that households that currently have more than the limit (i.e., more than two cats) will not have to apply for a permit provided the cats are registered with the City before the commencement date of the local law.

    We have also taken the time to do a fresh review of the proposed Cat Local Law and have made some further changes to the local law to improve its operation, ensure greater consistency with other recently revised local laws, and ensure it better complies with requirements of local laws as advised by the Joint Standing Committee on Delegated Legislation. These further changes include:

    • Amendments to the permit application clause to provide timeframes around approvals, as well as requiring the City to give written notice, together with grounds and reasons, if a permit is refused;
    • Amendments to the permit conditions clause to provide that any conditions the City may impose must be reasonably necessary;
    • Further amendments to the permit conditions clause, as well as the validity of permit clause, to provide that when a cat the subject of a permit dies or is permanently relocated, the permit is no longer valid and the owner must apply for a new permit for any replacement cat;
    • Insertion of a new subclause to the validity of permit clause to require a permit holder to notify the City if they move out of the district, or if the cat the subject of a permit dies or is permanently relocated;
    • Amendments to the permit revocation clause to require the City to give written notice, together with grounds and reasons, if they revoke a permit;
    • A general restructure of the enforcement section to make it easier to read and provide references to the provisions of the Cat Act 2011 that apply;
    • Insertion of an objections and appeals clause that provides that a person aggrieved by conditions imposed on a permit, or the refusal or revocation of a permit, may apply to Council for a review; and
    • Amendments to the prescribed penalties (Schedule 1) so that the modified penalties (infringement amount) better reflect the seriousness of the offence, and so that all offences have a listed modified penalty.

    As we consider these changes to be significant, we sought Council approval in November to re-advertise our revised Cat Local Law for public comment.

    Contact us

    If you require any further information, please contact us.
    NameGovernance Team
    Phone08 9364 0666
    Emailgovernance@melville.wa.gov.au
    Note submissions will not be accepted via email.

    Timeline

    • 15 March 2022
    • Ordinary Meeting of Council
      Endorsement of Cat Management Plan 2022-2026
    • 16 April 2024
    • Ordinary Meeting of Council
      Council approves public consultation on proposed Cat Local Law
    • 10 June - 24 July 2024.
    • Public comment period
    • 25 July - 15 October 2024
    • Consideration period
      City considers feedback on the proposed Cat Local Law
    • 19 November 2024
    • Ordinary Meeting of Council
      Council endorse public advertising of revised Cat Local Law
    • 2 December 2024 - 20 January 2025
    • Public comment period
      Community are invited to view the revised Cat Local Law and provide comment
    • January - March
    • Consideration period
      City considers feedback on the revised Cat Local Law
    • TBA
    • Ordinary Meeting of Council
      Present final revised Cat Local Law for adoption

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