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Dog fence win delivers greater protections for councils

25 February 2025
South Australian councils will be afforded greater protections against funding dog fence infrastructure under new biosecurity legislation passed by parliament.

The Biosecurity Bill 2024 consolidates existing Acts including the Plant Health Act 2009, Livestock Act 1997, Impounding Act 1920 and, importantly, the Dog Fence Act 1946.

The existing Dog Fence Act 1946 empowered the Dog Fence Board to raise contributions from local councils to assist with the construction, alteration or repair of a fence to make it dog proof.

LGA sought amendments to the legislation that would provide better safeguards for councils and are pleased they have been supported by the Parliament.

What has changed

The original Biosecurity Bill 2024 enabled the Dog Fence Board to make a declaration requiring any council to remit up to 1% of its rates revenue for dog fence works.

LGA advocated that dog fence costs are a state government responsibility and if the Dog Fence Board’s usual source of funding (farmers) was insufficient, the state government should access the Emergency Services Fund.

While not all LGA submissions were accepted, we ensured the Dog Fence Board could only make a declaration in very narrow circumstances.

Under the new Act, this would only occur if:

  • the Dog Fence Board has taken action in the area of the council they want to levy and have incurred costs.
  • the owner of a part of the dog fence has failed to take action required by the Dog Fence Board.
  • the rates levied under the Dog Fence Board’s other powers are insufficient to cover the permissible costs.

Councils cannot be required to pay for costs involving the construction or maintenance of an effective barrier against the movement of wild dogs, which rules out fence costs.

Additionally, the Dog Fence Board must consult with the LGA and then obtain the approval of the Minister for Primary Industries and the Treasurer.

Parliamentary partnerships

LGA is grateful to the Hon Nicola Centofanti MLC, the Leader of the Liberal Party in the Legislative Council, for moving amendments to the Government’s Bill.

We thank her party and Legislative Council crossbenchers for supporting changes that protect councils from unwarranted new charges.

Finally, we are also appreciative of the state government for not insisting on its original clauses once their original position was defeated in the Legislative Council.

Find out more

For information about these legislative changes, please contact LGA Director, Advocacy Andrew Lamb.