Residents of Mitcham are permitted to keep animals and birds on their property as long as they comply with the guidelines to prevent animals and birds causing a nuisance or being injurious to health.
Noisy bird - Includes any rooster, goose, pheasant, parrot, cockatoo, galah or peacock
Poultry - Includes fowls, ducks, geese, pheasants and turkeys of either sex over the age of four weeks.
For information on assistance with sick, injured or orphaned wildlife, visit Fauna Rescue of South Australia.
Best Practice for Keeping Animals and Birds
To prevent animals and birds causing a nuisance or being injurious to health.
The Local Nuisance and Litter Control Act, 2017, provides Council with the power to prevent a person(s) from doing or refrain from doing a specified thing. This act covers matters such as:
- Unsightly condition of land
- Hazards on lands adjoining a public place
- Inappropriate use of vehicle
- Animals that may cause a nuisance or hazard
To help members of the community understand the expectation of Council in these matters, the following guidelines for keeping animals and birds are provided to help avoid action being taken under the Local Nuisance and Litter Control Act, 2017.
The following provisions provide some guidance to the Community. However, even if these guidelines are followed, Council may still expiate or make an abatement order under the Act if the Council considers it appropriate to do so.
Poultry should be contained in a structure which:
- Has a floor area of at least one square metre for each bird
- Is provided with a shelter of solid construction with a rainproof roof and an internal floor surface constructed of or paved with concrete or other material approved by Council to a smooth, hard, impervious finish with a floor area of at least 0.3 square metres for each bird
- Is maintained at all times in good order and repair, and in a clean and sanitary condition free from rats, vermin, offensive odours or conditions; and which is located:
- Not less than 25 metres from the front boundary of the property
- Not further forward on the property that the rear half thereof or the rear alignment of any house
- Not less than one metre from any boundary of the property
- Not less than 15 metres from any dwelling or one metre from a shed
Persons should not keep or allow to remain on the land of which he or she is the owner or occupier any noisy bird, where the noise emanating from the noisy bird may cause a nuisance to any neighbour.
Food and Rats
Persons should not keep or allow to remain on the land of which he or she is the owner or occupier any poultry unless:
- Vermin-proof receptacles are provided for storing bran, pollard, grain or other matter intended for the feeding of such poultry
- Such receptacles are at all times kept clean, sanitary and in good order and condition
- No food for poultry is allowed to remain outside of such receptacles unless for the purpose of immediate consumption
- The land is kept free from rats and mice.
Dead Animals or Birds
A person should not:
- Neglect to bury or otherwise lawfully dispose of in a sanitary manner any dead animal or bird belonging to him or her, or in his or her charge
- Allow any dead animal or bird to remain on any premises in his or her occupation unburied or not otherwise lawfully disposed of in a sanitary manner
No Animal or Bird to Be a Nuisance
Persons should not keep or allow to remain on the land of which he or she is the owner or occupier any animal or bird so as to be a nuisance or injurious to health by reason of:
- The number of animals or birds
- The noise made by the animal or bird
- The dust or odour generated by the presence of the animal or bird
- The attraction of flies, rats, mice or other vermin
- The nature and location of housing facilities for the animal or bird
- The animal or bird not being adequately contained on the land
- The animal or bird being allowed to wander or fly from or to land either alone or in numbers
- Droppings emanating from the animals or birds
- For any other justifiable reason
Please note that this information sheet is only intended to provide guidance to the community and does not in any way bind the Council.
If you wish to lodge a formal complaint with the City of Mitcham in relation to an animal or bird which is creating a noise or nuisance persistently to such a degree that it unreasonably interferes with your peace, comfort or convenience please complete a Noise Log Sheet.
Council also has traps available for hire for the trapping of cats and possums.
For further information, contact the Council's Customer Service Centre on 8372 8888 during normal office hours.
Best Practice for Keeping Bees
Residents of Mitcham are permitted to keep bees on their property as long as they comply with the guidelines and do not create a nuisance for neighbouring properties and residents.
To prevent the keeping of bees in places where they may be a nuisance or danger to persons, and for the comfort and safety of the inhabitants of the area.
The Local Nuisance and Litter Control Act 2016, provides Council with the responsibility to investigate and manage Local Nuisances.
Part 4 - Offences
Division 1 - Local Nuisance
17—Meaning of local nuisance
(1) For the purposes of this Act, local nuisance is—
(a) any adverse effect on an amenity value of an area that—
(i) is caused by—
(A) noise, odour, smoke, fumes, aerosols or dust; or
(B) animals, whether dead or alive; or
(C) any other agent or class of agent declared by Schedule 1; and
(ii) unreasonably interferes with or is likely to interfere unreasonably with the enjoyment of the area by persons occupying a place within, or lawfully resorting to, the area;
To help members of the community understand the expectation of Council in these matters the following guidelines for keeping bees are provided which may help avoid action being taken under the Local Nuisance and Litter Control Act 2016.
The following provisions should be adhered to:
Restrictions on Bee Keeping
Bees should not be kept in those parts of the area which are within 50 metres of:
- Any building in the occupation of another person
- Any street, road or public place
- On any street, road or public place under the control of the Council.
Bee Keeping Nuisance
Bees should not be kept in any part or parts of the area where the keeping of bees is or may be a nuisance or danger to persons therein.
Notification of Intention to Keep Bees
Appropriate communications should be given to adjoining neighbours by the person(s) intending to keep bees outlining their intentions. This information should include location, number of hives, and the management and maintenance program to be put in place.
Please note that this information is only intended to provide guidance to the community and does not in any way bind the Council.
Further advice and clarification on information provided can be gained by contacting Council's Community Safety Officer on 8372 8888.