sec.89Power to make declaration

sec.89 Power to make declaration

Any local government may, by complying with the requirements of this part— declare a particular dog to be a declared dangerous dog (a dangerous dog declaration ); or declare a particular dog to be a declared menacing dog (a menacing dog declaration ). A dangerous dog declaration may be made for a dog only if the dog— has seriously attacked, or acted in a way that caused fear to, a person or another animal; or may, in the opinion of an authorised person having regard to the way the dog has behaved towards a person or another animal, seriously attack, or act in a way that causes fear to, the person or animal. A menacing dog declaration may be made for a dog only if a ground mentioned in subsection (2) exists for the dog, except that the attack was not serious. The declaration may be made even if the dog is not in the local government’s area. A declaration under this section is a regulated dog declaration . In this section— animal has the meaning given by section 191 . seriously attack means— in relation to a person—attack the person in a way that causes the death of, or grievous bodily harm or bodily harm to, the person; or in relation to an animal—attack the animal in a way that causes the death of the animal, or maims or wounds the animal. s 89 amd 2016 No. 28 s 71 sch 1 ; 2024 No. 17 s 23 ; 2024 No. 17 s 49 (sec.89-ssec.1) Any local government may, by complying with the requirements of this part— declare a particular dog to be a declared dangerous dog (a dangerous dog declaration ); or declare a particular dog to be a declared menacing dog (a menacing dog declaration ). (sec.89-ssec.2) A dangerous dog declaration may be made for a dog only if the dog— has seriously attacked, or acted in a way that caused fear to, a person or another animal; or may, in the opinion of an authorised person having regard to the way the dog has behaved towards a person or another animal, seriously attack, or act in a way that causes fear to, the person or animal. (sec.89-ssec.3) A menacing dog declaration may be made for a dog only if a ground mentioned in subsection (2) exists for the dog, except that the attack was not serious. (sec.89-ssec.4) The declaration may be made even if the dog is not in the local government’s area. (sec.89-ssec.5) A declaration under this section is a regulated dog declaration . (sec.89-ssec.6) In this section— animal has the meaning given by section 191 . seriously attack means— in relation to a person—attack the person in a way that causes the death of, or grievous bodily harm or bodily harm to, the person; or in relation to an animal—attack the animal in a way that causes the death of the animal, or maims or wounds the animal.

• (a) declare a particular dog to be a declared dangerous dog (a dangerous dog declaration ); or
• (b) declare a particular dog to be a declared menacing dog (a menacing dog declaration ).