{"id":"nsw:act-1977-025","name":"Animals Act 1977","slug":"animals-act-1977","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"25 of 1977","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":109877,"registerId":"nsw-act-1977-025-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Animals Act 1977](/view/html/inforce/current/act-1977-025).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":null,"content":"#### 2\n\n2 (Repealed)","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Act binds the Crown","content":"#### 3 Act binds the Crown\n\n3 Act binds the Crown\n\n> This Act binds the Crown, not only in right of New South Wales but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Abolition of certain matters","content":"# Part 2 Abolition of certain matters\n\nPart 2 Abolition of certain matters","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Cattle-trespass","content":"#### 4 Cattle-trespass\n\n4 Cattle-trespass\n\n> > (1) The tort of cattle-trespass is abolished.\n> \n> > (2) Subsection (1) does not affect:\n> > \n> > > (a) the construction of a reference in any Act to a trespassing animal,\n> > \n> > > (b) the tort of trespass committed by a person by means of cattle, or\n> > \n> > > (c) the law relating to liability of an occupier of land for death of or injury to cattle trespassing on the land.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Distress damage feasant","content":"#### 5 Distress damage feasant\n\n5 Distress damage feasant\n\n> The remedy at common law of distress of an animal damage feasant is abolished.","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Liability for animals","content":"# Part 3 Liability for animals\n\nPart 3 Liability for animals","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Definitions","content":"#### 6 Definitions\n\n6 Definitions\n\n> In this Part:\n> \n> liability means liability in damages for tort.\n> \n> occupier means, in relation to any premises, a person who is an occupier of the premises for the purposes of the law relating to the liability of occupiers for damage arising from dangers to persons entering premises, being dangers due to the state of the premises or due to things done or left undone on the premises.\n> \n> premises means any land, structure (fixed or movable), vessel, aircraft or other vehicle.","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"General liability for damage by an animal","content":"#### 7 General liability for damage by an animal\n\n7 General liability for damage by an animal\n\n> > (1) Liability for damage caused by an animal depends on so much of the law relating to liability as does not include the common law abrogated by subsection (2).\n> \n> > (2) Any common law qualification, restriction, exclusion, extension or imposition of liability that had effect immediately before the commencement of this Act and related exclusively to liability for damage caused by an animal is hereby abrogated, whether or not:\n> > \n> > > (a) it related to the nature or propensity of an animal or any class of animal, or knowledge of any such nature or propensity, or\n> > \n> > > (b) it applied generally or in the circumstances of escape on to a highway or in any other particular circumstances.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Danger from presence or behaviour of animal on premises","content":"#### 8 Danger from presence or behaviour of animal on premises\n\n8 Danger from presence or behaviour of animal on premises\n\n> Where damage results from a danger to a person entering premises, being a danger due to the state of the premises or due to things done or left undone on the premises, the liability (if any) of a person as an occupier of the premises in respect of the damage depends only on the law relating to the liability of occupiers, notwithstanding that the danger is, or is associated with, the presence or behaviour of an animal in or on the premises.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Restriction of rule in Rylands v Fletcher(1868) LR 3 HL 330","content":"#### 9 Restriction of rule in Rylands v Fletcher(1868) LR 3 HL 330\n\n9 Restriction of rule in Rylands v Fletcher(1868) LR 3 HL 330\n\n> The rule in Rylands and Fletcher does not apply in relation to damage caused by an animal.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Evidence of breach of duty in certain cases","content":"#### 10 Evidence of breach of duty in certain cases\n\n10 Evidence of breach of duty in certain cases\n\n> > (1) Subject to subsection (2), where:\n> > \n> > > (a) an animal is in or on any premises and the occupier of the premises:\n> > > \n> > > > (i) may not lawfully prevent the animal from being in or on the premises, or\n> > > \n> > > > (ii) in any other case—has not consented to the presence of the animal in or on the premises,\n> > \n> > > (b) a person other than the occupier of the premises was, at the time the animal was in or on the premises, under a duty to another person to take reasonable care that the other person would not be subjected to the danger of the animal causing damage to the other person, and\n> > \n> > > (c) the animal causes damage to that other person while it is in or on the premises,\n> > \n> > the fact that the animal was in or on the premises when the damage was caused is evidence of breach of the duty.\n> \n> > (2) Subsection (1) does not apply:\n> > \n> > > (a) where the premises concerned are a place used by the public as a road or way, or\n> > \n> > > (b) where the animal concerned is a dog or cat.\n> \n> **s 10:** Am 1996 No 121, Sch 3.4.","sortOrder":13},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":14},{"sectionNumber":"10A","sectionType":"section","heading":"Ownership of deer and feral goats","content":"#### 10A Ownership of deer and feral goats\n\n10A Ownership of deer and feral goats\n\n> > (1) A deer or feral goat that is held in captivity may be bought, sold or otherwise dealt with or disposed of.\n> \n> > (2) If a deer or feral goat ceases to be held in captivity, all property in the deer or feral goat is immediately extinguished.\n> \n> > (3) If a person captures a deer or feral goat that is not held in captivity, the person becomes the owner of the deer or feral goat.\n> \n> > (4) In this section:\n> > \n> > deer means a living animal of the family cervidae.\n> > \n> > feral goat means a living animal of the species *Capra aegagrus hircus* that has become established in the wild, has not been born as a result of a managed breeding program and has not been subject to any animal husbandry procedure or treatment.\n> \n> **s 10A:** Ins 2015 No 24, Sch 8.4 \\[2\\]. Am 2017 No 62, Sch 1.1 \\[1\\] \\[2\\].","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Transitional provisions","content":"#### 11 Transitional provisions\n\n11 Transitional provisions\n\n> Schedule 1 has effect.","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":null,"content":"#### 12\n\n12 (Repealed)","sortOrder":17},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Transitional provisions","content":"# Schedule 1 Transitional provisions\n\nSchedule 1 Transitional provisions\n\n(Section 11)\n\n**sch 1:** Am 1987 No 48, Sch 32.","sortOrder":19},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2 (Repealed)\n\n**sch 2:** Rep 1999 No 85, Sch 4.","sortOrder":24}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1977 Act was a focused law reform measure abolishing specific common law torts and modernising animal liability. However, section 10A (inserted in 2015) added a substantive property law regime for deer and feral goats that goes beyond the Act's original purpose of tort law reform. This creates a hybrid statute covering both liability rules and wildlife ownership/property rights."},"complexity_factors":["Multiple cross-references to common law doctrines (cattle-trespass, distress damage feasant, Rylands v Fletcher) that require external legal knowledge to fully understand","Nested conditional logic in section 10 with multiple qualifying subsections and exceptions (subsection 2 excludes dogs, cats, and public roads)","Technical definitions section with 3 defined terms that reference other areas of law (occupier liability)","Transitional provisions in Schedule 1 creating temporal boundaries for application","Repealed sections and schedules (sections 2, 12, Schedule 2) creating structural clutter","Amendment history notes embedded throughout text (e.g., \"Am 1996 No 121\", \"Ins 2015 No 24\")"],"plain_english_summary":"**What this law does:**\n\nThis Act cleans up old, confusing rules about who pays when animals cause damage or wander onto someone else's property.\n\n**Key changes:**\n\n*   **Abolishes \"cattle-trespass\"** — This was an old legal rule that made animal owners automatically liable if their livestock wandered onto neighbouring land. Now, general negligence rules apply instead.\n\n*   **Abolishes \"distress damage feasant\"** — This was an ancient right allowing landowners to seize and hold animals that were damaging their property until the owner paid compensation. That remedy no longer exists.\n\n*   **Simplifies liability rules** — The Act scraps complicated old common law distinctions about different types of animals and their tendencies. Now, if an animal causes damage, the normal rules of negligence apply (essentially: were you careless?).\n\n*   **Clarifies occupier's liability** — If someone gets hurt on your property because of an animal, the standard rules about property owner responsibility apply — not special animal-specific rules.\n\n*   **Ends the \"Rylands v Fletcher\" rule for animals** — This was a strict liability rule (meaning you could be liable even without being careless) for dangerous things escaping from your land. It no longer applies to animals.\n\n*   **Deals with deer and feral goats** — Clarifies that captured wild deer and feral goats can be owned and traded, but if they escape back to the wild, ownership ends immediately.\n\n**Who it affects:**\n\n*   Farmers and landowners\n*   People who keep animals (domestic or livestock)\n*   Anyone injured by an animal on someone else's property\n\n**Why it matters:**\n\nThe Act modernises the law by replacing a patchwork of medieval-era rules with standard negligence principles. This makes it clearer who is responsible when things go wrong with animals."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act alters the scope of legal remedies and liabilities that applied at common law. It abolishes the tort of cattle-trespass (s 4) and the remedy of distress damage feasant (s 5), excludes the rule in Rylands v Fletcher for animal-caused damage (s 9), and abrogates common-law qualifications that previously applied only to animal-caused liability (s 7). It also adds a targeted evidentiary rule for animal presence on premises (s 10) and statutory property rules for deer and certain feral goats (s 10A). Transitional provisions preserve some pre-commencement rights where specified (Schedule 1, cls 1–3)."},"complexity_factors":["Interplay between abolished common-law remedies and application of general tort/occupier law (ss 4–5, 7–8).","Evidentiary rule with specific exceptions (s 10) — changes proof dynamics in narrow factual scenarios (excludes roads/ways and dogs/cats).","Statutory definitions that relocate legal responsibility (definition of occupier and premises in s 6).","Specific, narrowly-worded property rules for deer and feral goats with precise biological and captivity conditions (s 10A).","Transitional provisions preserving pre-commencement causes of action for limited circumstances (Schedule 1).","Multiple repeals and amendments noted in the text (repealed sections and amendment notes) which affect which provisions remain in force."],"plain_english_summary":"The Act overhauls liability for harm caused by animals: it abolishes old animal-specific remedies, shifts disputes into the general law of tort and occupier liability, clarifies occupier responsibility for animal-linked hazards, and excludes the classic escape rule. It also creates an evidentiary presumption about animals on premises in certain cases and sets property rules for deer and some feral goats.\n\nThis matters to occupiers, animal keepers, claimants and insurers because it changes who pays, how courts assess breach and proof, and when captured animals become property."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient legislative text was provided to assess whether the scope changed from original intent. The metadata shows only three versions since 1999 and minor amendments, suggesting the Act has remained broadly consistent with its original purpose of codifying civil liability for animal-related harm in NSW."},"complexity_factors":["The actual legislative text was not provided — only website metadata and navigation elements were included, making substantive analysis impossible","The Act itself (based on general knowledge) deals with civil liability principles which can involve some legal nuance around fault, strict liability, and negligence concepts","The Act has been largely stable with minimal amendments, suggesting it is not inherently complex in structure","Short Act with a narrow, focused subject matter (animal liability) rather than a broad regulatory scheme"],"plain_english_summary":"## Animals Act 1977 (NSW)\n\n**What this document actually contains:** The text provided is almost entirely website navigation and metadata from the NSW legislation website — it does not include the actual substantive content (the sections and rules) of the Animals Act 1977. Only the title, version history, and administrative details are visible.\n\n**What we can tell from the metadata:**\n- This is a **NSW law** that has been in force since 1977 and was last updated on **23 November 2017**.\n- It falls under the responsibility of the **Attorney General**.\n- It has been relatively stable — only three recorded versions exist since 1999.\n\n**What the Animals Act 1977 generally deals with** (based on its known legal purpose):\nThis Act governs **civil liability** (legal responsibility for damages) when animals cause injury or property damage in NSW. It is primarily relevant to:\n- **Pet and livestock owners** — you may be legally responsible if your animal injures someone or damages their property.\n- **People injured by animals** — it affects your right to sue for compensation.\n- **Farmers and rural landholders** — rules around straying livestock.\n\nIt largely replaced older common law rules (judge-made rules from court decisions) about animal liability with clearer statutory (written law) rules.\n\n⚠️ **Important caveat:** Because the actual text of the Act was not included in the provided document, this summary cannot detail the specific rules, exceptions, or thresholds that apply. Anyone relying on this Act for legal purposes should access the full text directly."}},"importantCases":[],"_links":{"self":"/api/acts/animals-act-1977","history":"/api/acts/animals-act-1977/history","analysis":"/api/acts/animals-act-1977/analysis","conflicts":"/api/acts/animals-act-1977/conflicts","importantCases":"/api/acts/animals-act-1977/important-cases","documents":"/api/acts/animals-act-1977/documents"}}