A Message from the NSW Department of Primary Industries and Regional Development

An important update from the NSW Department of Primary Industries and Regional Development for licence holders under the Exhibited Animals Protection Act 1986 (EAPA) in NSW.

Notice that new changes to the Prevention of Cruelty to Animals Act 1979 impact current arrangements for dogs and puppies under the Exhibited Animals Protection Act 1986.

On 21 November 2024, changes were introduced to the Prevention of Cruelty to Animals Act 1979 and the Companion Animals Act 1998 that strengthen puppy and dog welfare across the state and implement a range of measures to ban puppy farming.

What are the key changes?

These changes apply to all dogs and puppies, including those kept by persons with a licence, approval or permit for an animal display establishment under the Exhibited Animals Protection Act 1986.

Implementation will be staged over four key phases:

Commencing 21 November 2024:

• A maximum of 20 female adult dogs over the age of 6 months, not rendered permanently infertile, can be kept on a dog premises (including residential and commercial premises, used or intended to be used for the accommodation, shelter or care of dogs). Transitional arrangements will allow existing breeders with over 20 female adult dogs to maintain current numbers until 1 December 2025, subject to conditions.

Commencing 1 December 2025:

• Unique identification numbers, such as a Breeding Identification Number (BIN) or Rehoming Organisation Number (RON) will be mandated through the NSW Office of Local Government for all dog breeders and rehoming organisations, enabling transparency of the sector and assisting people acquiring a puppy.

• Lifetime breeding limits will be introduced, capping the number of litters a female dog can have in her lifetime at five litters in total, or up to three caesarean litters with veterinary approval, whichever occurs first.

• Minimum standards of care will be introduced, requiring one staff member for every 20 dogs over 12 weeks of age to provide sufficient care, food and water. A litter under 12 weeks old will count as one dog for the purpose of calculating staffing requirements.

• Advertising requirements for the sale or transfer of dogs will be strengthened. All puppies under 6 months of age will require both a microchip number AND a BIN or RON to be used in any advertisements. For dogs over 6 months of age, the current requirement to list either a microchip number OR a BIN / RON still applies.

• Limited exemption to cap for certain breeders: Certain breeders who had more than 20 female adult dogs on a premises as of 24 October 2024 will be able to apply for a limited exemption to operate beyond the cap for up to ten years, subject to compliance with the Breeding Code and annual reporting.

Commencing 1 December 2029:

• Mandatory compliance with the Animal Welfare Code of Practice - Breeding Dogs and Cats (Breeding Code)—all dog breeders, regardless of whether the breeding was intentional or otherwise, or for fee or reward, are required to comply with the Breeding Code of Practice and take steps to ensure all staff members also comply

Note: the current requirement to comply with the Breeding Code continues to apply for those businesses who operate in the course of which dogs (Canis familiaris) or cats (Felis catus) are bred for fee or reward.

After 21 November 2030:

• Statutory review to ensure the legislation remains valid and fit for purpose.

Review of the Animal Welfare Code of Practice - Breeding Dogs and Cats (Breeding Code)

The NSW Government has committed to revising the Breeding Code, in consultation with stakeholders, to ensure that it is fit for purpose and protects welfare outcomes by regulating breeding standards.

Arrangements in place prior to the commencement of the Act, for business that breed dogs and cats for fee or reward, continue to apply.

• From 1 December 2025, a new requirement will apply to persons granted an exemption to the maximum number of female adult dogs to comply with the Breeding Code. Any contravention of this requirement may result in cancellation of the exemption approval.

• From 1 December 2029, any person breeding a dog must comply with the Breeding Code. This includes any person with an accidental litter. Occupiers of dog premises must also take reasonable steps to ensure staff comply with the Breeding Code.

For further information on the Act and the changes introduced, please visit our website at: Prevention of Cruelty to Animals Amendment (Puppy Farming) Act 2024