Temporary exemption application – maximum cap on female adult dogs

A dog premises includes residential premises and commercial premises, used or intended to be used for the accommodation, shelter or care of dogs. 

This also includes a vehicle, an aircraft, a vessel, a trailer or caravan, whether or not attached to another vehicle. If any of these are on or adjacent to a dog premises, they will be taken to be part of the dog premises. 

A female adult dog:

• is more than 6 months of age
• has not been rendered permanently infertile (i.e. desexed)

A female adult dog does not include a dog: 

• less than 6 months of age, or 
• that has been rendered permanently infertile (i.e. is desexed), or 
• a racing greyhound that is owned or kept in connection with greyhound racing, or by a greyhound racing industry participant within the meaning of thew Greyhound Racing Act 2017, or 
• kept for the purposes of breeding an assistance animal within the meaning of a Companion Animal Act 1998, if the occupier of the relevant dog premises is: a member of the International Guide Dog Federation, or an accredited member of Assistance Dogs International.

Applications for exemptions will be open to: 

• Occupiers of dog premises that had more than 20 female adult dogs on the dog premises on the determination date i.e., 24 October 2024. 

An applicant or a relevant person in relation to dog premises, who has been convicted of an animal cruelty offence is not eligible to apply under Section 23O of the Prevention of Cruelty to Animals Act 1979 and will have their application refused. 

Current breeders that are ineligible for an exemption, will need to take action as soon as possible to start scaling down their operations so they have 20 female adult dogs or less on their dog premises by 1 December 2025.

There are limited certain circumstances where persons having more than 20 adult female dogs on a dog premises do not need to apply for an exemption. These are: 

• The occupier of the dog premises is an Approved Charitable Organisations (ACOs), within the meaning of the Prevention of Cruelty to Animals Act 1979, and when they are conducting POCTAA compliance and enforcement activities.  
• The occupier of the dog premises is a rehoming organisation that has been allocated a rehoming organisation number (RON) under the Companion Animals Act 1998.  
• The dogs are on the dog premises as part of animal research activities expressly approved under an animal research authority’ as provided under the Animal Research Act 1985.  
• The premises are being used to temporarily keep or care for dogs. 
• The occupier of the dog premises is a government sector agency, within the meaning of the Government Sector Employment Act 2013. 

Persons applying for an exemption, must have a current breeder identification number (BIN). If you do not have a current BIN, you will be issued one free of charge when you create a breeder profile on the NSW Pet Registry

A non-refundable application fee of $550 will be payable to process your application. A representative of the Office of Local Government will contact you once your application is submitted with details of how to pay.

All applications will require documents be provided to support your application such as: 

• Documents to verify your name and address such as a drivers licence, pension card, rates notice, front page of rental lease, utility bill, etc. These documents will be provided to an external third-party operator for the purposes of conducting a Criminal Check relating to any animal cruelty offences.
• Evidence of the number of female adult dogs on the dog premises on the determination date 
• NSW Pet Registry registration information (i.e. microchip details) and any other relevant identification details. 
• Evidence of the dog premises' compliance with the Animal Welfare Code of Practice - Breeding dogs and cats, which will be assessed through photographs of amenities such as housing facilities, exercise/play areas, feeding areas, etc

A representative of the Office of Local Government will contact you once your application is submitted with further details of what information is required, and how it is to be provided. 

Your application form will be assessed by an application assessor within the Office of Local Government. 

If your application is incomplete or unclear, the assessor will contact you to request further information or clarification. You will be given 5 days to respond. If the requested information is not provided within that timeframe, your application may be refused.  

Outcome of application 

Once the Departmental Chief Executive (or delegate) of the Office of Local Government has considered your application, they will: 

• grant an exemption in relation to the specified dog premises, and give written notice of the maximum number of female adult dogs that are allowed on the dog premises, and the conditions to which the exemption is subject; or 
• refuse to grant an application in relation to the dog premises and provide written notice. 

You will be notified of the outcome of the exemption application by email where supplied, or otherwise by post. 

Application processing time 

The Office of Local Government will endeavour to make a final decision within 8 weeks of receiving an application.  This timeframe is subject to all required information being submitted with the application.  

All applicants will be notified of the outcome of their application by Monday 1 September 2025, ahead of the commencement of the maximum number of female adult dogs on dog premises measure on 1 December 2025.  

If your application is approved, you will receive written notice confirming the exemption and detailing the conditions applicable to the exemption. 

You will be advised in writing of the grounds for refusal. Your application fees are non-refundable. 

Breeders who’s applications are refused, will need to take action as soon as possible to start scaling down their operations so they have 20 female adult dogs or less on their dog premises by 1 December 2025.

The Departmental Chief Executive (or delegate) of the Office of Local Government must refuse an application if: 

an applicant or a relevant person in relation to dog premises has been convicted of an animal cruelty offence and provide written notice of the refusal. 

Departmental Chief Executive (or delegate) of the Office of Local Government may refuse an application if they: 

• suspect the application is false or misleading, and  
• gives written notice to the applicant of the proposed refusal, and  
• gives the applicant reasonable time to make submissions, and  
• considers submissions made within the reasonable time, and  
• reasonably concludes that the application was false or misleading.  

animal cruelty offenceis an offence under the Prevention of Cruelty to Animals Act 1979 or the regulations in relation to an animal, or an offence against section 79, 80, 530 or 531 of the Crimes Act 1900. 

You must comply with the conditions applicable to the exemption. These conditions will include:  

• Not allowing any staff member or person involved in managing or controlling the dog premises to remain in that role if, after making reasonable inquiries, you know or ought to know they have been convicted of an animal cruelty offence, 
• Notifying OLG within 28 days if the exemption holder or a relevant person for the dog premises is convicted of an animal cruelty offence 
• permitting an audit and inspection of the dog premises to be conducted at least once every 2 years 
• submitting an annual report by 31 January each year for the duration of the exemption period 
• not keeping more female adult dogs on that dog premises than the number specified in the exemption approval 
• For those exemption holders that had 50 or more female adult dogs on the dog premises at the time of application, reducing the number of female adult dogs to no more than 50 by 1 December 2026. 
• Ensuring all persons on the dog premises comply with the Animal Welfare Breeding Code of Practice: Dogs and Cats. For circumstances where dog premises are under construction and no dogs are currently kept on the dog premises, the relevant provisioners of the Breeding Code apply. 
• Exemption holders must have a current Breeder Identification Number (BIN) for the period of the exemption.
• The exemption holder, or their legal representative, must notify the Office of Local Government in the event of an exemption holders' death or incapacity.
• Any other conditions the Departmental Chief Executive considers appropriate. If any additional conditions to those above are to apply, you will be notified prior to the issuing of the exemption.

The exemption to the maximum number of female adult dogs' issues under the Prevention of Cruelty to Animals Act 1979 will expire on 1 December 2035 unless otherwise cancelled on or in the event of the exemption holder’s death or incapacity.  

All exemption holders are required to keep no more than 50 female adult dogs on the dog premises by 1 December 2026 and therefore encouraged to plan accordingly to meet this requirement.   

All exemption holders are required to keep no more than 20 female adult dogs on the dog premises by the expiry date of 1 December 2035. Exemption holders are therefore encouraged to plan accordingly over the exemption period to meet this requirement. 

1. Mandatory Cancellation 

The Departmental Chief Executive (or delegate) of the Office of Local Government must cancel an exemption if:   

i. they become aware that the exemption holder has been convicted of an animal cruelty offence, or

ii. if the exemption holder requests the cancellation. 

The Departmental Chief Executive must give written notice of the cancellation to the exemption holder. 

2. Discretionary Cancellation for Breach of conditions 

The Departmental Chief Executive (or delegate) of the Office of Local Government may cancel an exemption if they: 

• believe the exemption holder has breached a condition of the exemption, and  
• gives written notice to the exemption holder of the proposed cancellation, and  
• gives the exemption holder reasonable time to make submissions, and  
• considers submissions made within the reasonable time, and  
• after considering the submissions, the Departmental Chief Executive reasonably concludes that the exemption should be cancelled. 

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