The Law Handbook 2024

Chapter 6.4: Neighbour disputes 587 2 to destroy, damage, pollute or obstruct an aqueduct, dam, sluice pipe, pump, watercourse, pond, pool or fountain (s 9). Animals A common source of conflict The issue of adequate control of animals can often be a source of conflict between neighbours, particularly in urban areas. Some animals can be a danger to people or cause damage to the environment and must be strictly controlled. The legal responsibility of owners for their animals depends on the type of animal owned and what is known about the animal. Sometimes dealing with a neighbour about their animals can make you anxious or uncomfortable and it can be difficult to discuss the problem you’re having. In other cases, you may feel that your neighbour’s complaints are unwarranted. Visit the DSCV’s website (www.disputes.vic. gov.au) for some simple and effective strategies for talking to neighbours and tips about what to do when approached by a neighbour. Naturally dangerous animals The law regards some types of animals as naturally dangerous. If you own one of these types of animals and it hurts someone, you are totally responsible. It does not matter how careful you were. Other animals The law regards all other animals as domestic animals ( mansuetae naturae ). Owners are only responsible for injuries caused by these animals if they were in some way negligent or if they knew that the animal had previously hurt someone or was likely to hurt someone. The law calls this the scienter (knowledge) rule. If you keep an aggressive dog to protect yourself or your property, at the very least you should put up a sign warning people about the dog. The law is still uncertain about what your position is if your dog bites an intending thief. If your dog escapes from your property and bites a person or animal, you are liable for that action and subject to fines and possible damages claims. Owners should also be aware that councils regulate the number and the type of animals that may be kept on land. You should check with your local council to find out what its local laws are. Dogs and cats The Domestic Animals Act 1994 (Vic) (‘ DA Act ’) sets out special rules for dog and cat owners. According to the DA Act, the ‘owner’ of a dog or a cat includes a person who keeps or harbours the animal, or has the animal in their care for the time being, whether or not the animal is at large. Under section 4 of the DA Act, if the owner of the animal is under the age of 18 years, the parent or guardian of the minor is deemed to be the owner for the purposes of the DA Act. Therefore, the parent or guardian can be penalised for any offences attributable to the ‘owner’. Dogs or cats found at large Section 24 of the DA Act provides that the owner of a dog is guilty of an offence if the dog is at large outside the owner’s property, or not securely confined to the owner’s premises. If the dog is at large during the day, a penalty of up to 6 pu may be imposed and this may be increased to 10 pu if the dog is at large at night. Cats are dealt with differently. It is an offence for a cat to be at large in a municipal district where an order has been made by the council under section 25 of the DA Act. That order can declare that the presence of cats in specified areas is prohibited. If that order has been made, then cat owners can be guilty of an offence and be liable to pay 1 pu (first offence) and up to 3 pu (further offences). Under section 26 of the DA Act, orders can be made prohibiting the presence of dogs and cats in certain areas, and fines can be imposed for breaching of the order. Your local council may impose conditions such as: • the method of restraint of dogs or cats; and • the times during which the presence of dogs and cats is prohibited in specified areas. You can be fined for breaching these conditions. If a cat or dog is found at large in an environ­ mentally sensitive area, an authorised council officer may be able to destroy the animal. Further, the owner of livestock for farming purposes may destroy any cat or dog found at large in the place where their animals are confined or, if the animals are tethered, in the vicinity of such animals.