STEP Matters 233

Review of the NSW companion animals laws relating to cats

Review of the NSW companion animals laws relating to cats

The NSW government is going through a process of reviewing the Companion Animals Act. One part is a parliamentary inquiry into cat management. The objective of the review is to ensure the legislation effectively enhances responsible pet ownership across NSW, ensuring the well-being of pets and the safety of our communities by providing ‘effective and appropriate care and management of companion animals’.

For many years there has been calls for stronger laws to prevent domestic cats from roaming into the neighbourhoods and bushland. Containment within the owner’s house or yard is the obvious solution. We are all aware of the wildlife extinctions from the large population of feral cats throughout Australia. There is also a major problem of domestic cats killing wildlife.

Impact on wildlife from domestic cats

71% of all pet cats in Australia, 3.7 million pet cats, are able to roam and 78% of these roaming cats hunt, presenting a major threat to wildlife in their local areas. Pet cats are concentrated in very high densities in our cities and towns. In suburbs that do not require containment, there are up to 100 roaming and hunting cats per square kilometre.

Based on research published by the Invasive Species Council (see note below), on average over a year, each roaming and hunting pet cat in Australia kills 186 animals. This number includes 110 native animals (40 reptiles, 38 birds and 32 mammals). About one-third of the animals killed in urban areas are introduced species like rabbits, house mice, house sparrows and Indian mynas. If we count only native wildlife, pet cats kill 6,000 to 11,000 animals per square kilometre each year in urban areas.

When cats prowl and hunt in an area, wildlife has to spend more time hiding or escaping. This reduces the time spent feeding themselves or their young, or resting.

Roaming cats are also a problem for the neighbours

Cats that roam freely can create a range of problems for communities, including:

  • fouling gardens and sandpits
  • spraying and marking territory
  • noise from fights or mating
  • spreading parasites and disease

These issues often lead to neighbourhood disputes and increased complaints to local councils. The Australian Veterinary Association notes that cat containment can significantly reduce nuisance complaints and foster better community relations.

Roaming cats also face risks

Allowing cats to roam unsupervised exposes them to substantial risks, including:

  • traffic accidents
  • dog attacks
  • poisoning (from plants, chemicals, or deliberate baiting)
  • infectious diseases (such as feline immunodeficiency virus and toxoplasmosis)
  • getting lost or stolen

The RSPCA and many veterinarians actively support containment not only for legal compliance but as a best practice in animal welfare.

Current legislation

Some states in Australia allow local councils to impose containment laws such as night curfews but they are not mandatory. Some states such as Victoria empower councils to introduce containment rules, and over half have done so. The ACT has also mandated cat containment territory-wide.

Outcome of NSW inquiry is disappointing

A NSW Upper House inquiry report led by the Animal Justice Party failed to back legal changes to allow local governments to bring in cat containment rules to protect wildlife and pet cats. It found there was:

Currently insufficient evidence that mandatory cat containment and cat curfew laws are effective.

Where were the examples to provide the evidence when so few councils can impose cat containment? Biodiversity Council surveys have shown that the majority of NSW community (65%) support requiring cat owners to keep their cat contained to their property, and only 9% are opposed.

Local Government NSW has expressed disappointment with the NSW parliamentary inquiry report into the management of cat populations, describing its hesitance to support enforceable cat containment policies for councils as a missed opportunity.

Animal welfare groups argue that the cost of containment would lead to more homeless cats creating extra costs for councils and harm to cats.

In response to the findings the NSW government has committed $6 million over four years to support eligible designated rehoming organisations and registered charities with initiatives such as free or subsidised de-sexing.

They also are supporting with a $6 million funding up to December 2026, the RSPA Keeping Cats Safe at Home program working with 30 councils that have elected to participate. This program focuses on increasing rates of de-sexing, microchipping and lifetime registration while encouraging the uptake of voluntary containment of pet cats.

Hornsby and Northern Beaches councils, but not Ku-ring-gai, are participating in the RSPCA Keeping Cats Safe at Home project that has received increased state government funding following the inquiry.

What about rabbits?

In their submission, the Ku-ring-gai Bushcare Association, that represents the interests of volunteer bushcarers, highlighted the issue of pet rabbits being allowed to escape and cause environmental damage. They should be included in the definition of companion animals and have controls on their ownership such as de-sexing. Queensland actually has banned ownership of rabbits and South Australia has strict controls on allowing pet rabbits to roam outside a well-constructed cage.

The inquiry made no findings on this issue.

These results are summarised from an analysis of the results of many dozens of studies that was undertaken by the Threatened Species Recovery Hub. They are published by the Invasive Species Council.