Part 5CControl of dogs
26ZZLSeizure and destruction of dogs
Any warranted officer who finds a dog in a controlled dog area, may, unless that dog—
- is in the controlled dog area in accordance with a dog control permit issued under section 26ZZH(1); or
- is in the controlled dog area in accordance with section 26ZZK,—
Where a dog is in a controlled dog area by virtue of a dog control permit issued under section 26ZZH(1), any warranted officer may seize that dog if—
- the dog is not in the immediate vicinity of the holder of the permit and the warranted officer has good cause to suspect that there is a significant risk—
- of injury to any person or any protected wildlife; or
- of disturbance to any protected wildlife; or
- of injury to any person or any protected wildlife; or
- any condition, being a condition imposed under section 26ZU(c) in relation to the controlled dog area or a condition of the permit, is not being observed in relation to the dog; or
- the holder of the permit is in the immediate vicinity of the dog but the warranted officer has good cause to suspect that the holder of the permit is unwilling or unable to control the dog; or
- the dog has caused injury to any person or to any protected wildlife or has killed any protected wildlife.
Where a dog is at large in an open dog area and a warranted officer or any other person has good cause to suspect—
- that any condition imposed under section 26ZU(c) in relation to the open dog area is not being observed in relation to that dog; or
- that dog is likely to cause annoyance or distress to any person or animal; or
- that dog is likely to damage any property in the open dog area; or
- that dog has caused annoyance or distress to any person or animal; or
- that dog has damaged any property in the open dog area; or
- that dog has caused injury to any person or to any protected wildlife or has killed any protected wildlife,—
Where a warranted officer has, under any provision of subsections (1) to (3), power to seize a dog but is of the opinion that it is impracticable or dangerous to do so, that warranted officer may, without any further inquiry, destroy that dog.
Notes
- Section 26ZZL: inserted, on , by section 3 of the Conservation Amendment Act (No 2) 1996 (1996 No 14).