{"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2\n\n2 (Repealed)","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Act binds the Crown","content":"#### 3 Act binds the Crown\n\n3 Act binds the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":{"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":"Summary\n\n- What this law does, simply: the Act changes how liability for damage caused by animals works, removes two old common-law remedies, clarifies occupier liability where animals are involved, limits the application of a historic rule about escape of dangerous things, and sets property rules for deer and certain feral goats.\n\nKey mechanical changes and who they affect\n\n- Abolishes the tort of cattle-trespass (s 4). People who previously relied on that specific tort can no longer bring a new claim under that name for acts accruing after the Act started (Schedule 1, cl 1 covers earlier cases).\n\n- Abolishes the common-law remedy of distress damage feasant (seizing an animal causing damage) (s 5). Past instances of that remedy are preserved only where the distress happened before the Act commenced (Schedule 1, cl 2).\n\n- Replaces specialised common-law rules about animal liability with the general law on liability in damages (s 6 defines liability; s 7 removes common-law qualifications that applied only to animal-caused damage). Practically, whether someone pays damages for harm caused by an animal will be decided under ordinary tort and occupier-liability principles, not under the older, animal-specific common-law exceptions or special rules (s 7).\n\n- Makes clear that if the danger leading to harm is a state-of-premises issue (things done or left undone, or the state of the premises), occupier liability is governed solely by general occupier-liability law even if the danger is associated with an animal on the premises (s 8). This affects occupiers (people who have the duties of an occupier for premises) and the scope of their legal exposure when animals are present.\n\n- Excludes the rule in Rylands v Fletcher from applying to damage caused by animals (s 9). That historic rule about escape of dangerous things will not be used as a basis for liability when the damage is animal-caused.\n\n- Introduces an evidentiary rule in certain cases: if an animal is on premises and the occupier could not lawfully prevent it being there, or the occupier did not consent to its presence, and someone else had a duty to take reasonable care regarding the animal, then the animal being on the premises is admissible evidence of breach of that duty when damage occurs (s 10). This evidentiary effect does not apply on public roads or ways, and it does not apply to dogs or cats (s 10(2)). The rule changes how proof of breach may work in disputes between injured persons and those who had the duty to protect them from the animal.\n\n- Establishes ownership rules for deer and certain feral goats (s 10A): a deer or feral goat held in captivity can be bought, sold or otherwise dealt with (s 10A(1)); if such an animal ceases to be held in captivity, property in it is immediately extinguished (s 10A(2)); and a person who captures a deer or feral goat not already in captivity becomes its owner (s 10A(3)). The Act also provides definitions for “deer” and “feral goat” to limit application (s 10A(4)). These provisions change who can lawfully deal in those animals and when ownership exists or ends.\n\nWho pays, who decides, and how behaviour may change (source-cited)\n\n- Who pays: monetary liability for damage remains liability in damages for tort (defined in s 6). The Act removes certain animal-specific defences and causes of action (s 4, s 5, s 7), so the net financial exposure is determined by general tort and occupier-liability law applied to animal-caused harm (s 7, s 8).\n\n- Who decides: courts will apply the general law of liability and occupier liability (s 6, s 8). The evidentiary rule in s 10 shifts how facts may be treated in litigation but does not create a new civil penalty or administrative enforcement mechanism.\n\n- Behavioural incentives and compliance burden: removing animal-specific common-law qualifications (s 7) and abolishing cattle-trespass (s 4) alters the legal routes available to claimants and defendants. Occupiers and persons who are responsible for animals may face different litigation risks because older special defences are abrogated (s 7) and because the presence of an animal on premises can be evidence of breach in certain circumstances (s 10). Owners or captors of deer and qualifying feral goats have clearer property rights on capture or while held in captivity, but those rights extinguish when captivity ends (s 10A(1)–(3)).\n\nTrade-offs, costs and implementation notes (source-grounded)\n\n- Trade-offs: the Act trades away certain historic remedies (cattle-trespass, distress damage feasant — ss 4–5) and a rule used for escape-of-danger claims (Rylands — s 9) in favour of straightforward application of general tort rules (s 7). That simplifies which bodies of law apply but may shift dispute outcomes compared with the older specialized doctrines.\n\n- Costs and incentives: litigants and insurers will need to assess claims under general tort and occupier-liability law rather than under animal-specific precedents (s 7, s 8). Where s 10 applies, the evidentiary presumption can lower a plaintiff’s initial proof burden against the person under a duty of care, potentially increasing settlement or liability risk for those duty-holders.\n\n- Implementation and discretion: the Act is primarily declarative of legal rules to be applied by courts; it does not create new administrative enforcement powers or regulatory agencies. It binds the Crown subject to legislative power limits (s 3). Transitional provisions preserve rights and remedies for events occurring before commencement where explicitly stated (Schedule 1, cls 1–3).\n\nReference points in the Act: s 3, ss 4–5, ss 6–10, s 10A, Schedule 1."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 1977 Act was narrowly focused on abolishing the tort of cattle-trespass, the remedy of distress damage feasant and animal-specific common-law liability rules. The 2015 insertion of s 10A (and its 2017 amendment) expanded the statute into a distinct property-ownership regime for deer and feral goats, moving well beyond tort liability into rules about capture, captivity and extinguishment of title."},"complexity_factors":["Heavy reliance on cross-references to undefined common law concepts that are partially abolished","Nested conditional exceptions in sections such as s 4(2), s 10(1) and s 10(2)","Evidentiary presumption in s 10 that contains three cumulative preconditions plus two carve-outs","Transitional savings provisions in Schedule 1 that preserve pre-commencement liabilities","Later insertion of s 10A creating a distinct property-law regime for specific species"],"plain_english_summary":"**The Animals Act 1977** updates the rules about when someone can be held legally responsible if an animal causes harm or damage in New South Wales.\n\nIt removes two very old legal ideas: the right to sue for 'cattle trespass' (when animals wander onto your land) and the old power to grab and hold an animal that is damaging your property until you are paid for the harm. From now on, claims for damage caused by animals follow ordinary negligence and tort (civil wrong) laws, without special extra rules that used to apply only to animals.\n\nThe Act makes it clear that if an animal creates a danger on someone's property, normal 'occupier's liability' rules decide who is responsible. It stops an old legal principle from the 1868 English case *Rylands v Fletcher* from being used against animal owners. There is also an evidentiary shortcut: in some situations, the mere fact that an uninvited animal was on land and caused injury can count as evidence that someone failed in their duty of care (but this does not apply to roads or to dogs and cats).\n\nA later addition covers ownership of deer and feral goats: captive ones can be bought and sold, but once they escape into the wild, ownership ends and the first person to recapture them becomes the new owner.\n\nThe law matters because it simplifies disputes between farmers, pet owners, walkers, and landowners, replacing confusing old common-law exceptions with standard modern principles while preserving some protections for people injured by animals."},"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"}}