FAQs

Councils in South Australia can establish by-laws under the Local Government Act 1999. By-laws are local laws established by councils to deal with issues specific to the relevant council area.

The City of Tea Tree Gully currently has the following six by-laws:

• By-law No.1 – Permits and Penalties

• By-law No.2 – Roads

• By-law No.3 – Local Government Land

• By-law No.4 – Dogs

• By-law No.5 – Moveable Signs

• By-law No.6 – Waste Management

 Council is now considering whether to make another by-law in relation to cats.

Council does not currently have a by-law in relation to cat management and control.

Currently Council has a Cat Management Policy to describe and assist Council and the community with the management of nuisance cats. There is already statewide legislation that require all cats must be microchipped by 12 weeks (3 months) of age (unless exempted by a vet), and registration of the microchip number on Dogs and Cats Online. All cats born after 1 July 2018 must be desexed by a registered veterinary surgeon before they are 6 months or age, or within 28 days after an owner takes possession of a kitten.

Following community engagement last year to understand the community’s views on cat control and management, Council is now considering making a cat by-law for the management and control of cats. As per the requirements of the Local Government Act 1999, we consulting with the community on a draft cat by-law and inviting feedback.

The City of Tea Tree Gully have long advocated for a statewide approach to the issue of cat management and control, which has been left to all councils to deal with on an individual basis by way of a by-law, or not at all.

In June 2023 Council conducted community engagement to understand the community’s views on cat management and control in the Council area. Over 3400 people responded to a survey and of those who responded, 80% were supportive of having rules or legislation to address cat management and control within the City of Tea Tree Gully.

At it meeting on 22 August 2023, Council considered the outcomes of the community engagement and made the decision to await anticipated draft state government legislation and not make any further decisions on cat management in the City of Tea Tree Gully until the proposed legislation was passed through both houses of the South Australia Parliament, with the purpose of not duplicating or contradicting any incoming laws or regulations.

It was also decided that if cat management legislation was not progressed by 30 June 2024, a report back to Council should be presented with draft by-laws and a further community engagement strategy for consideration.

In 2024 Council staff initially received the consultation paper “Dog and Cat Management (Breeder Reforms) Amendment Bill 2024” and provided feedback to the state government, noting there was a missed opportunity with the current bill with respect to cat management. Council had understood that the proposed amendments to the Dog and Cat Management Act would include amendments addressing the challenges face by local government about cat management.

Another consultation paper was received by Council relating to further proposed amendments to the Dog and Cat Management Act through the “Dog and Cat Management (Cat Management) Amendment Bill 2024”. Proposed changes include:

• revising and updating local council powers and functions for seizing and detaining cats to allow councils to implement their by-laws and manage cats
• clarifying the powers and removing barriers for landscape boards, National Parks and other stakeholders to manage feral cats better

There has been some progression on cat management through this latest amendment bill however the proposed legislation is yet to be passed. In the meantime, at its meeting on 30 July 2024, Council decided to proceed with community engagement on a draft cat by-law.

There is already statewide legislation that require all cats must be microchipped by 12 weeks (3 months) of age (unless exempted by a vet), and registration of the microchip number on Dogs and Cats Online. All cats born after 1 July 2018 must be desexed by a registered veterinary surgeon before they are 6 months or age, or within 28 days after an owner takes possession of a kitten.

Council’s draft by-law proposes the following additional requirements for cats:

• Must be registered every 12 months with provision for a registration fee. A $0 fee is proposed for the first two years (maximum) following the commencement of the by-law
• Identification by means of a collar around the cat’s neck with a tag setting out the name of the owner and address or phone number of the owner
• Prescribing the limit on the number of cats to be kept on premises to two (2) cats (unless in a prescribed premises, ie cattery, veterinary practice, pet shop or with Council permission)
• To be confined to their owner’s property between 10.00pm and 6.00am

By-laws are local laws established by councils to deal with issues specific to the relevant council area. The City of Tea Tree Gully currently has six (6) by-laws; a new cat by-law would become Council’s seventh by-law.

While Council conducted community engagement in June 2023 to understand the community’s views on control of cats within the council area, this consultation process was not in relation to a cat by-law specifically.

In accordance with the Local Government Act 1999 Section 249, prior to making a by-law, Council must consult with the community and give reasonable consideration to a written or other acceptable submission made to the Council on a proposed by-law. At its meeting on 30 July 2024, Council decided to proceed with community engagement on a draft cat by-law.

If a proposed by-law is endorsed by Council for public consultation; consultation must be undertaken in accordance with Section 249 of the Local Government Act 1999 and Council’s Public Consultation Policy. Council endorsed the draft Cat By-law No. 7 – Cats for public consultation at a Special Meeting of Council on 30 July 2024.

At least 21 days prior to commencement of public consultation, the draft By-law, along with a report (prepared by Council’s solicitors) is to be provided to the Dog and Cat Management Board (DCMB) to satisfy the provisions of Section 90(5) of the Dog and Cat Management Act 1995. Council must consider any recommendations of the DCMB relating to the By-law and it is recommended that consultation does not commence until the DCMB’s response to the By-law is received to prevent the need to rework the consultation.

Public consultation is then conducted for a period of not less than 21 days and at the conclusion of the consultation, Council must consider any submissions received.

Once the draft By-law is finalised, Council’s solicitor will certify it to confirm that it is not in conflict with the Local Government Act 1999.

On completion of these steps, Council is able to consider adopting the new by-law. Once adopted it must be published in the Government Gazette and a local newspaper, and be referred to the Legislative Review Committee SA (LRC) for scrutiny.

The new by-law commences operation four months after the date published in the Government Gazette unless it is disallowed by the LRC.

The state government is currently conducting community engagement on further proposed amendments to the Dog and Cat Management Act through the “Dog and Cat Management (Cat Management) Amendment Bill 2024”. Proposed changes include:

• update the powers for management of cats in key areas of the date including area used for primary production, State National Parks and reserves
• providing a clear process for councils when managing seized cats and enabling lost cats to be returned to their owners (based on the way in which councils handles seized dogs)

Consultation on these changes to cat management laws in South Australia is open until 4 September 2024 and community feedback is invited.

For more information and to provide your feedback visit the state government’s YourSAy website

There has been no discussion or decisions made in relation to a future cat registration fee. For now we are consulting on the draft cat by-law and after receiving community feedback, a further report will be returned to Council for a decision regarding the progress of a cat by-law.

In line with the comments above, the Draft By-law 7 – Cats Council Report dated 30 July 2024 makes the following reference in the financials/resourcing section:

“Whilst it is too soon to set fees in relation to the draft By-law, staff would recommend to provide a reasonable timeframe for the Community and owned cats to adjust to the By-law.

Elected Members should note that all fees collected through registration for cats will need to be expended on cat management in accordance with the requirements of the Dog and Cat Management Act 1995.”

No, the draft cat by-law proposes containment of cats at night, between the hours of 10.00pm and 6.00am.

While containment of cats at all times is not being considered at this time, the feedback form for the draft by-law includes a question asking for views on a proposal for containment of cats at all times to commence in five years time.

Council may consider a range of different forms of assistance to cat owners to help with the transition and adjustment to the requirements of the by-law and current legislation.

The feedback form for the draft cat by-law includes questions asking for feedback on different supports and types of financial assistance council could consider.

There will be an exemption process if a person does own more than two cats, which is what is in place for dog owners that have more than the prescribed two.

An exemption may be given if the Council is satisfied that 

1. No insanitary condition exists on the premises as a result of the keeping of cats, 
2. A nuisance is not caused to any neighbour as a result of the keeping of cats on the premises; and 
3. All cats kept on the premises are desexed in accordance with any requirements of the Dog and Cat Management Act 1995.

More information, including a copy of the draft by-law and feedback form is available on Council’s Have Your Say website

Hard copies of the feedback form are also available at:

• Civic Centre reception 
• Tea Tree Gully library 
• Golden Grove or Turramurra Recreation Centres
• A community centre (Holden Hill, Surrey Downs, Jubilee or Greenwith) 
• or call us on 8397 7444 and we’ll send one out to you

Council’s website has a range of information about cats including:

• Mandatory microchipping and desexing
• Nuisance cats
• Stray, unowned and feral cats
• Animal cages

More information is also available on the Dogs and Cats Online website and the Animal Welfare League website