Perth Voice Interactive

BAYSWATER council is at risk of being held in contempt of WA Parliament after missing a deadline to strike out a controversial clause from its proposed cat control laws.

The council tried to ban cats from all public places unless they were under the “effective control” of their owner (essentially on a lead), but the Joint Standing Committee on Delegated Legislation said that clause of its local law clashed with the state’s Cat Act and issued a direction for it to be removed.

Deadline

The committee’s regulations state that must be happen within six months, but the deadline passed on June 6 after Bayswater deferred a vote in May because of a legal opinion which suggested the committee’s interpretation was wrong.

As a result, the committee could report the matter to Parliament, and if it’s determined the council is in contempt, it then has wide discretion to impose penalties.

The committee wanted the clause knocked out because the Cat Act refers to councils “specifying places” for prohibiting cats rather than having blanket bans, but the legal advice from Castledine Gregory partner Mark Gregory suggests that is a narrow reading.

“In our opinion the ‘effective control’ provision is valid because…” Mr Gregory’s letter reads, with five pages of argument following.

“The fact that sections 79(3)(f) and (g) of the Cat Act refer to ‘specifying places’ for the absolute prohibition of cats, and ‘specified area’ where cats must be capable of being confined to the premises, is not relevant to the proper interpretation of section 79(1) of the Act,” he concluded.

Mr Gregory cited former local government minister John Castrilli from the second reading of the Cat Act in 2011, where he set out its intent.

“This legislation has been developed with a view to reducing the number of stray cats being euthanased each year, to encourage responsible cat ownership, and to provide for better management of the unwanted impacts of cats on the community and environment,” Mr Castrilli had said.

Mr Gregory also argued the “effective control” provision was “proportionate and reasonable” because it wasn’t seeking a complete ban on cats and was aimed at preventing the killing of wildlife.

The Friends of Bardon Park, which is desperate for extra cat controls, said there has been a stand-off between the council and the standing committee for a year and that pressure was mounting on the state government to take action.

Friends member David Dyke, who has recorded more frog calls than anyone else in Australia, says he sees first-hand the devastation to native wildlife caused by cats roaming at night.

“We are no longer accepting this decade-long cat and mouse game between the WA government and local governments,” Mr Dyke said.

“Every month that the WA government blocks local governments from taking action, is thousands more native animals killed.

“These animals we cannot afford to be losing at this time.

“It is an issue everyone should care about, but the people who should care the most are our politicians, who are in a position to act.”

Meanwhile Bayswater is waiting to hear from the committee on whether it would reconsider its decision based on Mr Gregory’s advice – or whether the City had been referred to Parliament.

by STEVE GRANT