All animals must be kept in a manner that does not create a nuisance or a health risk to the surrounding community.

Common issues dealt with by Council's in relation to animals include:

• Offensive odours
• Noise nuisances or
• Unhealthy conditions causing pest and vermin issues.

Thse issues can be avoided by considering the type and number of animals which are suitable for your neighbourhood.

If complaints are received by Council and substantiated, Council will requuest that appropriate actions be undertaken to resolve the issue(s) identified.

Two key pieces of legislation which deal with these issues are:

• Local Government Act 2003 and associated Local Government (General) Regulation 2005, which porvides guidance to Councl in the event that COuncil needs to serve orders to ensure animals are kept appropriately
• the Environmental Planning and Assessment Act 1979 and the associated State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, which outline the requirements for approvals for certain types of animals and animal shelters.

The following guidelines for poultry, pigs, horses and cattle are based on the Local Government Act 1993 and regulations and are considered a good guide of what conditions reasonable for keeping these animals.

It should be noted that the following guidelines are only binding on the owner or occupier of premises in circumstances where Council has served an Order under Section 124 of the Local Government Act 1993 stating that they apply to the specific premises.

Poultry

Poultry such as ducks, geese, turkeys must not be kept within 30 metres of a dwelling, public hall, school or any premise used for the manufacture, preparation, sale or storage of food.

All poultry house floors must be paved with concrete or mineral asphalt unless the poultry house:

(a) is not within 15.2 metres of a dwelling, public hall or school or

(b) is situated on clean sand.

Poultry yards must be fully enclosed to prevent escape.

In addition to these standards Council does not recommend the keeping of roosters in close proximity to other residences wher they may create a noise nuisance.

Pigs

Pigs must not pollute water supplied for use:

(a) by a person for drinking or domestic purposes or

(b) in a dairy.

Pigs must not be kept within 60 metres of a dwelling, shop, office, factory, church or other place of public worship, workshop, school or public place in a city, town, village or other urban part of an area.

Council may serve an order to increase the distance if it is considered necessary.

Horses and cattle

Horses and cattle must not be kept within 9 metres of a dwelling, school, shop, office, factory, workshop, church or other place of public worship, public hall or premises used for manufacture, preparation or storage of food.

Stable floors must be paved with concrete or mineral asphalt or similar impervious material and the floor must be graded to drain.

Yards used for the keeping of horses or cattle must be fully enclosed to prevent escape.

Animal shelters

If the animal shelter you are building meets the development standards set out below you can build it without submitting a development application. This is because it is considered 'exempt development' under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Animals Shelters

Specified Development            Development Standards

Bird aviaries

Specified Development            Development Standards

Fowl and Poultry

Specified Development            Development Standards

If it does not meet the development standards, or it is a construction for any other type of animal shelter, a development application and a construction certificate is required. Please contact The City of Newcastle's Action Build Team on 4974 2036.

Impact on trees

You will need to get approval from The City of Newcastle if construction of the shelter requires pruning, cutting down, removal or the destruction of trees. For information please contact Customer Enquiry Counter on 02 4974 2030 or Urban Tree Management on 02 4974 6043.

Other animals

Specific requirements in relation to a few additional animals have been listed below. If you are looking to keep other types of animals not listed here - you should contact The City of Newcastle's Compliance Services on 02 4974 2525 first to check if any other regulations or laws apply.

Bees

Any person wishing to keep bees must be registered with NSW Agriculture.

The Department investigates complaints about nuisance bees. Any person inquiring about beekeeping or who wishes to make a complaint about nuisance bees should contact The Department of Agriculture to report any problems. 

Rabbits

There is no current restrictions or licencing requirements on how many rabbits may be keep in a domestic situation. 

Though it still remains illegal to keep wild rabbits in captivity without the approval of the Rural Lands Protection Board.

A few things to remember

• Ensure all food is stored in sealed containers
• Ensure clean water is available at all times
• Don't leave food or scraps lying around as this may attract rodents or vermin
• Only put food in a clean tray and take the tray away overnight
• Regularly clean out animal shelters, ensuring all waste is removed and disposed of appropriately
• Take care not to wash waste products into adjoining properties or watercourses
• Ensure the land is adequately fenced and cages are vermin and rodent proof
• Provide adequate shelter from sun, rain and wind
• Limit the animals kept to a manageable number
• Avoid keeping roosters in residential areas as they are noisy animals and 
• Careful consideration should be taken to the placement of bird cages/aviaries. They should be located as far away from neighbouring residences as possible. 

Further information

Please contact The City of Newcastle's Compliance Services team on 02 4974 2525.