Ruggeri v City of Canada Bay [2013] NSWLEC 1059

Land and Environment Court New South Wales

Medium Neutral Citation: Ruggeri v City of Canada Bay [2013] NSWLEC 1059 Hearing dates: 3 April 2013 Decision date: 09 April 2013 Jurisdiction: Class 2 Before: Fakes C Decision: Appeal upheld in part; Order 21 modified Catchwords: Section 124 Order: Keeping of rabbits; numbers and maintenance Legislation Cited: Land and Environment Court Act 1979 Local Government Act 1993 Cases Cited: Sutherland Shire Council v Sawyer [2000] NSWLEC 162. Category: Principal judgment Parties: Giovanni Ruggeri (Applicant) City of Canada Bay (Respondent) Representation: Applicant: Ms M McMahon (Barrister) Respondent: Ms S Brew (Solicitor) Applicant: Jo-Anna F.S. Moy Solicitor Respondent: Matthews Folbigg Pty Ltd File Number(s): 21161 of 2012

Judgment 1COMMISSIONER: In October 2012, the City of Canada Bay served an order on the applicant, Mr Ruggeri, to cease the keeping of rabbits at his property in Drummoyne and to remove all associated cages, bedding and feed. 2The Order 21 was made in accordance with s 124 of the Local Government Act 1993 (the LG Act). Specifically, the terms of the Order are as follows: THE CITY OF CANADA BAY COUNCIL IN ACCORDANCE WITH THE POWERS UNDER THE ABOVENAMED ACT REQUIRES YOU TO: 1. Cease keeping or housing rabbits at the property. 2. Disassemble and remove all cages/pens located at the rear of the property and all associated straw/grass and feed. 3. Discard all bread scraps and vegetable leaves being used as feed for birds and rabbits. REASONS FOR THE ORDER (s 136 of the Act) 1. The keeping of rabbits is attracting pests (flies and rats) to the property and surrounding properties. Pests carry disease which can have a detrimental effect on a person's health. 2. The keeping of rabbits is causing an odour nuisance to neighbouring residents. Odour can make a person unwell when inhaled. PERIOD OF COMPLIANCE WITH THE ORDER (s 137 of the Act) 5pm, Friday 30 November 2012 3The general terms of an Order 21 under s 124 of the LG Act enable a council to order a person, in this regard an "owner or occupier of land or premises": To do or refrain from doing such things as are specified in the order to ensure that the land is, or premises are, placed or kept in a safe or healthy condition. 4The circumstances of an Order 21 are that: The land or premises are not in a safe or healthy condition. 5The appeal to the Court is brought under s 180 of the LG Act. The powers of the Court on appeal are given in s 180(4). 6The applicant is asking the Court to allow the appeal and to substitute the orders made by the council to allow that no more than 15 rabbits are to be kept or housed at the property.