137BKeeping of animals

#### 137B Keeping of animals 137B Keeping of animals > > (1) Each of the following has no force or effect to the extent that it would unreasonably prohibit the keeping of an animal on a lot— > > > > > (a) a by-law, > > > > > (b) a decision by an owners corporation under a by-law. > > > (2) It is taken to be reasonable to keep an animal on a lot unless the keeping of the animal unreasonably interferes with another occupant’s use and enjoyment of the occupant’s lot or the common property. > > > (3) The regulations may specify circumstances in which the keeping of an animal unreasonably interferes with another occupant’s use and enjoyment of the occupant’s lot or the common property. > > > (4) A by-law that prohibits the keeping of an animal on a lot is not harsh, unconscionable or oppressive if it does not unreasonably prohibit the keeping of an animal on a lot. > > > > Note. > > > > Section 150(1) provides that the Tribunal may declare a by-law to be invalid if it is harsh, unconscionable or oppressive. > > > (5) An owners corporation is taken to have given permission for the keeping of an animal on a lot if— > > > > > (a) it made a decision about the keeping of the animal in contravention of subsection (1)(b), or > > > > > (b) a decision of the owners corporation is required before the animal may be kept on the lot and the owners corporation failed to make a decision within a reasonable time. > > > (6) If a report has been tabled in Parliament under section 276A, the Minister must not recommend the making of a regulation under this section unless the Minister has considered the report. > > > (7) Subsection (6) is repealed 5 years after the commencement of this section. > > **s 137B:** Ins 2021 No 1, Sch 1\[6\].