Animals Act 1977 (NSW)

Animals Act 1977 No 25

An Act relating to liability for damage caused by animals; and other matters.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Animals Act 1977.

2 (Repealed)

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.

Part 2 Abolition of certain matters

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.

5 Distress damage feasant The remedy at common law of distress of an animal damage feasant is abolished.

Part 3 Liability for animals

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.

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.