September 1 - 30, 2025: Issue 646

 

Greens to introduce cat containment laws in NSW: Empower Local Councils to Act

Little Corella fledgling being groomed by a parent bird.

New laws will be proposed by the Greens in the NSW Parliament in October that would make people responsible for keeping their cat safely at home and give Councils the discretion to regulate and enforce cat containment measures in priority areas. The proposed law will be introduced after WA joined the rest of Australia in acting to keep cats from killing native animals. 

‘This is a landmark win for wildlife and for responsible pet ownership in Western Australia. We commend the Cook Government for showing leadership and finally committing to give councils the tools they’ve been crying out for to keep pet cats and native animals safe,’ Invasive Species Council Engagement Director, Imogen Ebsworth said.

‘The quicker this change to the law is passed, the more wildlife will be saved from roaming pet cats. It is only a very minor amendment that is needed and so we encourage the government to step up this year and not wait until 2026.

‘Even one roaming cat can have devastating impacts, as local residents in Mandurah in WA found when a single roaming cat killed 6 adults, 40 chicks, and drove off an entire colony of 220 nesting threatened fairy terns in just a few weeks.

‘With WA now stepping up, NSW has been left dead last – the only state yet to act – and millions of native animals are paying the price for this.

‘Every year, roaming pet cats kill more than 300 million native animals across Australia – wiping out birds, reptiles, frogs and small mammals. Cats are extraordinary hunters, and while we can’t change their nature, we can change the culture that allows them to roam free and devastate our suburbs.'

Wildlife charities the Biodiversity Council, Nature Conservation Council and the Invasive Species Council (ISC) are unanimous that cats should not be allowed to roam outdoors in NSW. 

NSW is the only state in Australia that has not acted to protect the millions of native animals killed across the state by wandering cats every year, with 65% of the community wanting action to contain cats.

Greens MP and spokesperson for the environment Sue Higginson said “The failure of the NSW Government to act on cat containment is a tragedy for the environment, and is now a National embarrassment. We are now the only state that hasn’t addressed the extinction of native animals as a result of wandering pet cats,”

“Protecting our precious and threatened native species is the primary driver for us taking this step, but the truth is that irresponsible cat owners that allow their animals to roam free and unsupervised are not taking care of the animals that they have a responsibility to care for,”

“Our plan is two fold and acts to protect animals and empower Councils to work for their community. We intend to create a responsibility for cat owners, to ensure that the cat is kept on the same premises where it is cared for with food, water and shelter. We also want to see Councils given the authority to make decisions about priority areas in their communities where people can be required to take action to prevent cats from wandering,”

“This approach recognises that native animals and the cats that prey on them should be kept safe from one another, as well as giving enforcement powers to Councils that can be scaled up and down as necessary to prevent cats from wandering into neighbours' yards, nature reserves or anywhere else where there is a problem,”

“The Minns Labor Government has intentionally avoided this politically tricky problem, and have prevented evidence based recommendations from being included in Parliamentary reports. Our message to them is, if you won’t take this step - we will,”

“These laws could be passed as early as October this year, as long as the Government and Opposition stand up for the 65% of the community who are crying out for this type of reform. Our proposal does not immediately create massive obligations for NSW or Councils, but it will finally give Councils the tools to do their job,” Ms Higginson said. 

The Greens proposed legislation follows LGNSW stating on August 21 it was disappointed with the NSW parliamentary inquiry report into the management of cat populations, describing its hesitance to support enforceable cat containment policies for councils as “a missed opportunity”.
  
Local Government NSW (LGNSW) President Mayor Phyllis Miller OAM said that while the report included some positive recommendations, the refusal to back enforceable cat containment policies for councils would result in worse outcomes for biodiversity, threatened species, communities and cats themselves. 
  
“Councils are on the frontline, trying to improve animal welfare and environmental protection. But without having the option to choose enforceable containment, our hands are tied when cats are left to roam, become predators or just cause a general nuisance,” Mayor Miller said.

“We need mandatory cat containment measures and they must be accompanied by adequate funding and resources so that councils can enforce them” said Mayor Miller. 
  
“Australians have adapted to the legal requirement to keep dogs confined to residential premises. Local government seeks the same provision for cats,” Mayor Miller said.
  
Mayor Miller also pointed to the need for better education of cat owners and carers to reduce the roaming of cats, particularly at night.
  
“Cats simply need to be kept indoors at night” said Mayor Miller. “As a cat owner myself, I know how important this is – not only to protect native fauna but also to protect my pet! It’s really not that hard and cat owners need to be better at getting onboard”. 

In its inquiry submission, LGNSW highlighted the impact of cats on Australian biodiversity. The submission noted that cats had already driven 27 species to extinction since colonisation and threaten at least 124 more species with the same fate.
  
Mayor Miller acknowledged the Committee’s recognition of the urgent need for stronger cat management strategies, including funding for free and subsidised desexing, along with statewide education and behaviour-change programs.
  
“Those measures are welcome and essential. But effective management requires a holistic approach - statewide education, desexing, containment, trapping, and adequate funding for councils, welfare groups and rehoming organisations. To exclude containment is to ignore one of the most powerful tools we have,” Mayor Miller said.
  
“We know the NSW Government is also conducting a review of the Companion Animals Act and LGNSW will continue to advocate strongly for councils to be able to adopt these policies,” she said.
  
“The Government must step in and deliver the legislative tools and also the funds and resources that councils need to effectively manage this problem,” Mayor Miller said. 

In March this year the NSW Minns Government stated it was delivering on its election commitment to conduct a wide-ranging review of the Companion Animals Act 1998 (CA Act).

The review is to examine all aspects of the care and management of companion animals in NSW, including addressing the urgent need to prevent dogs and cats from entering the pound and rehoming system.

It will also explore actions taken in other jurisdictions and the role and enforcement responsibilities of councils. Key issues under consideration include:

  • cat management
  • preventing dog attacks
  • pounds and rehoming services
  • registration and desexing
  • stakeholder roles and responsibilities and the regulatory tools available under the legislation
  • responsible pet ownership education and training.
The review of the CA Act, it was stated, will be informed by several NSW parliamentary inquiries, including the inquiry into the veterinary workforce shortage, the inquiry into pounds and the inquiry into the management of cat populations. The findings and recommendations from recent coronial inquests into fatal dog attacks in NSW are also being considered.

Minister for Local Government Ron Hoenig said then:

“There are more than 4.7 million dogs and cats kept as pets in NSW, providing love and companionship to so many people across the state.  

“However, the laws around pet ownership haven’t been reviewed in 20 years.

“With pet ownership on the rise and increased pressure on council pounds and rehoming organisations, it is important to assess if the current laws are still fit for purpose.

“We need strong laws that hold pet owners to account and make sure owners take responsibility for their pets at home and in public spaces.

However, with submissions closed months ago, and the government's webpage still stating 'The NSW Government is now analysing the submissions and formulating the next steps of the review, including further public consultation opportunities.', and the first month of Spring 2025 already bearing new vulnerable babies in the wildlife world, the call to act has been welcomed.

If you spot a stray or feral cat in a council bushland reserve, the council requests you please contact them. Their webpage on cats  provides additional information.

Outline of Draft Law

The proposed legislation seeks to:

1. Amend the Local Government Act 1993 to allow Councils to make orders on defined areas within the Local Government Area that would require an owner or occupier to take action as necessary to prevent a cat from escaping from premises on which the cat is kept.

a. Failure to comply with this order would be an offence with a maximum penalty of 8 penalty units or $880.

2. Amend the Prevention of Cruelty to Animals Act 1979 to require that a person in charge of any animal, including cats, must not without lawful authority intentionally release an animal from the premises where it is kept unless the animal is accompanied by the person.

a. This would be in addition to the requirement for a person in charge of an animal to ensure the animal is provided with food, water, and shelter.

b. A breach of this section would be an offence with a maximum penalty of 8 penalty units or $880.