planning · Bega Valley Shire Council
Bega Valley dog appeal rules sent back for revisions
Dog owners challenging dangerous or menacing declarations are to receive clearer reasons, access to adverse material and disability supports under the proposed changes.
Bega Valley Shire Council has deferred proposed procedures for challenging dangerous and menacing dog declarations, sending them back for revisions that include external review, written reasons and a chance to respond to adverse material before a decision is made.
The changes affect the proposed procedures for appeals and revocations. Council asked that written decisions set out the findings of fact and the evidence relied on, and that applicants receive any adverse material before a determination is made.
Councillors also requested that officers involved in the original declaration be excluded from the assessment panel. The revised procedures must define independence for the panel’s third step and reconsider the current requirement that the entire process be completed within 10 business days of an application being received.
The documents must identify the mandatory consideration for menacing dog declarations under section 39(2A) of the Companion Animals Act 1998 (NSW). They must also provide for reasonable adjustments, supported decision-making and recognition of advocates or support people, consistent with the Disability Inclusion Act 2014 (NSW).
Crs David Porter and Mitchell Nadin moved the deferral at the 23 September meeting. A proposed alternative from Cr Helen O’Neil to adopt two new procedures and revoke the existing Dangerous and Menacing Dog Declaration Appeals and Revocation procedure was defeated 5-4.
Crs Russell Fitzpatrick, Mitchell Nadin, Peggy Noble and David Porter, along with Cr Tony Allen, supported the alternative. Crs Simon Daly, Peter Haggar, Clair Mudaliar and Helen O’Neil opposed it.
The revised procedures will return to a future council meeting. No date was specified.
At the same meeting, council adopted an updated procedure governing companion animal control areas and asked staff to investigate whether any parts of Barragoot Beach are, or can be, classified as a Wildlife Protection Area. That separate decision passed with Cr Mitchell Nadin opposed.
Reference minutes
Bega Valley Shire Council, Council meeting of 23 September 2026.
Key facts from the minutes
- Council deferred the proposed procedures for dangerous and menacing dog declaration appeals and revocations.
- Requested revisions include external review, written reasons, access to adverse material and an independent assessment panel.
- The proposed 10-business-day timeframe must be reviewed.
- The revised procedures must address section 39(2A) of the Companion Animals Act 1998 (NSW).
- Disability supports, including reasonable adjustments, supported decision-making and advocates, must be included.
- A proposed alternative to adopt the new procedures was defeated 5-4.
- The revised procedures will return to a future council meeting, with no date specified.
Why it matters
- Dog owners and residents affected by dangerous or menacing dog declarations will not have the proposed appeal procedures finalised until Council considers revised documents.