Why is the City Reviewing its Keeping and Control of Cats Local Law?

    The Local Government Act 1995 requires local laws to be reviewed at least every eight years. The statutory deadline for review of the Keeping and Control of Cats Local Law 2016 is June 2024.

    At its Ordinary Council Meeting of 23 February 2021, Council noted a local law review schedule, which slated the review of the Keeping and Control of Cats Local Law 2016 for December 2021. It was later determined to be more appropriate to commence the review in early 2022, following the 2021 Local Government elections. 

    At the City of Bayswater Annual General meeting of 24 March 2021, an electors motion was carried, asking Council to: 

    "1. Update the Cat Local Law to ensure cat owners secure an area of their property to ensure cats are contained on their property.

    2. Identify areas of natural environment where cats are restricted."

    At it's Ordinary Council Meeting of 27 April 2021, Council adopted the officer's recommendation in relation to the above motion:

    "That Council notes that the City is currently reviewing the Keeping and Control of Cats Local Law 2016, and as part of this review the City will investigate and consider opportunities to ensure cat owners secure an area of their property to ensure any cats are contained on their property, and identify areas of natural environment where cats can be prohibited."

    The City completed its review of the local law and it was presented to Council at its Ordinary Meeting of 26 April 2022. The minutes for the meeting can be found here. At that meeting Council adopted a preliminary draft Keeping and Control of Cats Local Law for public comment.


    What are the key differences between the proposed Keeping and Control of Cats Local Law 2022 and the existing Law created in 2016?

    The proposed Keeping and Control of Cats Local Law 2022 contains a list of 42 natural areas in the City of Bayswater where cats will be prohibited.

    There is also a new clause 2.2 "Cats in Other Places" which requires that cats shall not be in a public place unless under "effective control".

    What are the 42 proposed cat-prohibited sites?

    The 42 sites that are proposed to be prohibited in the new local law comprise all of the City's natural and foreshore areas and are listed below:

    • Addlestone Reserve
    • Lightning Park
    • Arbor Park 
    • Lightning Swamp 
    • Baigup Wetlands 
    • Malaga Drive Bushland 
    • Bardon Park 
    • Maxwell Reserve
    • Bath Street Reserve
    • Maylands Foreshore
    • Berringa Park 
    • Maylands Jetty Foreshore
    • Bohemia Park   
    • Maylands Lakes
    • Browns Lake 
    • Maylands Samphires
    • Claughton Reserve 
    • McPherson Bushland
    • Crimea Wetland 
    • Newington Reserve
    • Eric Singleton Bird Sanctuary 
    • Nora Hughes Wetland 
    • Eric Singleton Bird Sanctuary West  
    • Patterson Living Stream 
    • Evans Place Reserve
    • Peters Place Wetland 
    • Feredy Reserve
    • Riverside Gardens
    • Gobba Lake 
    • Russell Street Park
    • Hillcrest Living Stream 
    • Shadwell Reserve 
    • Hillcrest Reserve
    • Strutt Reserve 
    • Hinds Reserve
    • Swan Lake 
    • Houghton Reserve 
    • Tranby Reserve/Peninsula Farm 
    • Ingles Reserve 
    • Weld Square Living Stream 
    • Jakobsons Living Stream
    • Wright Crescent Wetlands

    These are considered natural areas as they contain remnant vegetation and/or hold special ecological value.

    How will the City enforce the prohibition of cats in the proposed prohibited areas?

    The City will be categorising the 42 natural areas according to environmental sensitivity and will be trapping cats in those areas on a scheduled basis. Trapping will be conducted in the most sensitive areas more regularly than the areas considered less sensitive. 

    The City will also be able to trap cats in prohibited areas on an case by case basis if it receives reports of cat activity from the community.

    What does keeping cats under "effective control" mean?

    Cats will be considered to be kept under "effective control" if they are held by a person who is capable of controlling the cat, securely tethered, secured in a cage, or controlled by any other means to prevent escape.

    What will happen if my cat is captured in a prohibited area?

    If a registered cat is captured in one of the proposed prohibited areas the owner would be committing an offence and subject to a $250 fine.

    The cat would be impounded with the City's contractor, where it would be scanned for a microchip and the owner will be called for collection. The owner would also be required to pay fees associated with boarding and release of the cat.

    What if my cat is captured and is not sterilised, registered or microchipped?

    It is a legal requirement in Western Australia that all domestic cats over 6 months old be sterilised, microchipped, wearing a tag in a public place and registered with their local government.

    If a cat is not microchipped or registered, the owner cannot be traced. If the cat owner comes forward to collect their cat, it must be sterilised, microchipped and registered before being released by the City's contractor. All fees associated with doing so will be charged to the owner. The owner would also be subject to fines under the Cat Act 2011.

    What happens next?

    Council is scheduled to consider submissions in relation to the proposed Keeping and Control of Cats Local Law 2022 at its meeting of 23 August 2022. 

    At this meeting, it may choose to make the new local law or to make changes to the draft local law based on the feedback received. Should those changes be significant, a new period of public comment will need to take place.

    Once Council approves the Local Law it is sent to the State Law Publisher for printing in the State Government Gazette. 14 days after publishing the Local Law in the State Government Gazette, the Local Law is considered to have been made, 

    Following gazettal, the local law is referred to the Joint Standing Committee of Delegated Legislation (JSCDL) for consideration. If the JSCDL finds that the local law offends one or more of its terms of reference, it may seek a written undertaking from the local government to amend or repeal the local law.