Dog Amendment (Stop Puppy Farming) Act 2021
New laws and changes to the Dog Act 1976
Changes to the Dog Act 1976 were passed through Parliament in December 2021.
The changes seek to:
- increase the transparency of, and information on, the source of dogs
- enhance the ability of authorities to identify and detect puppy farms
- enhance the ability of authorities to prevent irresponsible breeders from breeding dogs
- decrease the number of puppies and dogs that are bred indiscriminately
- improve community understanding about responsible purchase and care of dogs
- transition pet shops into adoptions centres for unwanted dogs.
Pet shop and dog supply approval provisions have now been introduced, with further provisions expected to commence in the second half of 2025.
The 2025 provisions will include:
- dogs to be de-sexed by the age of 2 years, unless they are exempted, to prevent unplanned breeding or over breeding.
- information on dogs (and cats) to be held in a centralised registration system
to allow information to be shared across the State.
- people who wish to breed from their dog will need to apply for an approval to breed, enabling breeders to be traced.
Approval to breed dogs
When these laws commence, a person will need to make an ‘approval to breed’ application to their local government in the following circumstances:
- They own a dog that is not sterilised by 2 years of age (and not otherwise exempt).
- They intend to use their dog for breeding (regardless of the dog’s age).
- Their dog breeds, (regardless of the dog’s age), even if the dog breeds unintentionally.
Owners of greyhounds that are registered with Racing and Wagering Western Australia (RWWA) are exempt from the ‘approval to breed’ requirement because RWWA already regulates and monitors the breeding of racing greyhounds.
Members of dog associations such as Dogs West will be required to apply for an ‘approval to breed’ to enable monitoring of all breeders by local government authorities for compliance with relevant laws.
An ‘approval to breed’ will be a one-off application. When granted, it will apply to all dogs, current and future, owned by that person while they reside in that district, unless otherwise cancelled.
An ‘approval to breed’ is, in effect, an approval to own unsterilised dogs — it has nothing to do with whether the owner is carrying on a business.
An ‘approval to breed’ remains in place until cancelled. The ‘approval to breed’ will enable local governments to:
- identify owners of unsterilised dogs and monitor their compliance with relevant legal requirements
- cancel an owner’s ‘approval to breed’ dogs if they breach the law, trace a dog back to its breeder if issues with puppies or dogs are identified, such as health concerns
- refuse to grant an ‘approval to breed’ dogs to a person who has been convicted of offences under certain laws.
A local government will be able to refuse an application on the grounds that the applicant:
- is under 18 years of age
- is a person convicted of an offence under the Dog Act 1976, Cat Act 2011, and Animal Welfare Act 2002 in the previous five years
- does not have sufficient facilities, or access to sufficient facilities, to breed dogs in accordance with any standards under the Animal Welfare Act 2002 or any other written law
- is not a fit or proper person to breed dogs.
A local government will be able to attach conditions to the ‘approval to breed’. It can be cancelled by the local government if the dog owner who holds the ‘approval to breed’:
- requests that the approval is cancelled
- does not comply with a condition of the approval
- does not comply with a requirement under the Dog Act 1976 or Animal Welfare Act 2002
The local government can also cancel an ‘approval to breed’ for the same reasons that they can refuse an application for an ‘approval to breed’ dogs.
The introduction of the requirement to obtain an ‘approval to breed’ with their local government is necessary for the consistent regulation of dog breeding, and to shut down any puppy farms.
Dog owners, including owners of a livestock working dogs, will only be required to pay a fee when they apply for an ‘approval to breed’.
Regulations setting the fees will be drafted and introduced in consultation with stakeholders.
If a person’s ‘approval to breed’ is refused, they can lodge an objection with their local government or appeal the decision to the State Administrative Tribunal.
Mandatory dog sterilisation
When these laws commence, it will be mandatory for all dog owners to sterilise their dog by the time the dog reaches 2 years of age, unless it is otherwise exempt.
These provisions will only apply to dogs that are not registered with their local government when the legislation comes into effect.
Exemptions from sterilisation for dogs include:
- dogs registered before the commencement of the Amendment Act (new laws)
- dogs exempt because a veterinarian has certified that a sterilisation procedure would adversely affect the health of the dog
- livestock working dogs
- greyhounds registered with Racing and Wagering Western Australia
- dogs owned by a person with an ‘approval to breed’.
The registration period for unsterilised dogs will change to annual registrations only. Registration periods for sterilised dogs will remain the same with annual, three year and lifetime registration options available.