ANIMALS ACT 1977 - As at 23 September 2003 - Act 25 of 1977 TABLE OF PROVISIONS TABLE OF PROVISIONS PART 1 - PRELIMINARY 1. Name of Act 2. (Repealed) 3. Act binds the Crown PART 2 - ABOLITION OF CERTAIN MATTERS 4. Cattle-trespass 5. Distress damage feasant PART 3 - LIABILITY FOR ANIMALS 6. Definitions 7. General liability for damage by an animal 8. Danger from presence or behaviour of animal on premises 9. Restriction of rule in Rylands v Fletcher(1868) LR 3 HL 330 10. Evidence of breach of duty in certain cases PART 4 - MISCELLANEOUS 11. Transitional provisions 12. (Repealed) SCHEDULE 1 Schedule 2 (Repealed) ANIMALS ACT 1977 - LONG TITLE An Act relating to liability for damage caused by animals. ANIMALS ACT 1977 - SECT 1 Name of Act 1 Name of Act This Act may be cited as the Animals Act 1977. ANIMALS ACT 1977 - SECT 3 Act binds the Crown 3 Act binds the Crown 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. ANIMALS ACT 1977 - SECT 4 Cattle-trespass 4 Cattle-trespass (1) The tort of cattle-trespass is abolished. (2) Subsection (1) does not affect: (a) the construction of a reference in any Act to a trespassing animal, (b) the tort of trespass committed by a person by means of cattle, or (c) the law relating to liability of an occupier of land for death of or injury to cattle trespassing on the land. ANIMALS ACT 1977 - SECT 5 Distress damage feasant 5 Distress damage feasant The remedy at common law of distress of an animal damage feasant is abolished. ANIMALS ACT 1977 - SECT 6 Definitions 6 Definitions In this Part: "liability" means liability in damages for tort. "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. "premises" means any land, structure (fixed or movable), vessel, aircraft or other vehicle. ANIMALS ACT 1977 - SECT 7 General liability for damage by an animal 7 General liability for damage by an animal (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). (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: (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 (b) it applied generally or in the circumstances of escape on to a highway or in any other particular circumstances. ANIMALS ACT 1977 - SECT 8 Danger from presence or behaviour of animal on premises 8 Danger from presence or behaviour of animal on premises 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. ANIMALS ACT 1977 - SECT 9 Restriction of rule in Rylands v Fletcher(1868) LR 3 HL 330 9 Restriction of rule in Rylands v Fletcher(1868) LR 3 HL 330 The rule in Rylands and Fletcher does not apply in relation to damage caused by an animal. ANIMALS ACT 1977 - SECT 10 Evidence of breach of duty in certain cases 10 Evidence of breach of duty in certain cases (1) Subject to subsection (2), where: (a) an animal is in or on any premises and the occupier of the premises: (i) may not lawfully prevent the animal from being in or on the premises, or (ii) in any other case—has not consented to the presence of the animal in or on the premises, (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 (c) the animal causes damage to that other person while it is in or on the premises, the fact that the animal was in or on the premises when the damage was caused is evidence of breach of the duty. (2) Subsection (1) does not apply: (a) where the premises concerned are a place used by the public as a road or way, or (b) where the animal concerned is a dog or cat. ANIMALS ACT 1977 - SECT 11 Transitional provisions 11 Transitional provisions Schedule 1 has effect. ANIMALS ACT 1977 - SCHEDULE 1 SCHEDULE 1 – Transitional provisions (Section 11) 1 Section 4 (1) does not apply to a case of cattle-trespass where the cause of action accrued before the commencement of this Act. 2 Section 5 does not apply to or in respect of an animal distrained damage feasant before the commencement of this Act. 3 Part 3 does not apply to or in respect of any question of liability within the meaning of that Part where the acts or omissions giving rise to that question occurred before the commencement of this Act. ANIMALS ACT 1977 - NOTES Reprint history: Reprint No 1 23 May 1979 Reprint No 2 23 September 2003 ANIMALS ACT 1977 - NOTES Historical notes The following abbreviations are used in the Historical notes: _____________________________________________________________ |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| Table of ActsAnimals Act 1977 No 25. Assented to 13.4.1977. This Act has been amended as follows: _____________________________________________________________________________ | | |Statute Law (Miscellaneous Provisions) Act (No 1) | | | |1987. Assented to 28.5.1987. | |1987|No 48 | | | | |Date of commencement of Sch 32, except as provided by sec 2 (13),| |_____________________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) Act (No 2) | | | |1996. Assented to 3.12.1996. | |1996|No 121| | | | |Date of commencement of Sch 3.4, 3 months after assent, sec 2 | |_____________________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) Act 1999. Assented to | |1999|No 31 |7.7.1999. | | | | | |_____________________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) | | |No 85 |Act (No 2) 1999. Assented to 3.12.1999. | | | | | |_____________________________________________________________________________| Table of amendments _______________________________ |_______________________________| |_______________________________| |_______________________________| |_______________________________| |_______________________________|