Is Your Council charging an illegal Animal Surrender Fee? Knox charges $146 per animal

Animal Welfare Victoria, Department of Energy, Environment and Climate Action, was asked.  ’Is Knox Council Animal Surrender Fee of $146 legal?’  Reply: ‘it is our interpretation that a mandatory fee required for the acceptance of a surrendered dog or cat would not meet the legislative obligation set by section 33A of the Domestic Animals Act 1994. All councils must accept dogs and cats being surrendered from within their municipality. Councils may however ask for a donation to contribute to the cost of rehoming the animal, however this should not be presented as a mandatory fee.’  Also ‘The obligation set by the DA Act to accept surrendered dogs or cats is not subject to any conditions under the legislation.’

Domestic Animals Act Section 33A  (1) A Council of a municipal district must accept any dog or cat kept in that municipal district which is given to the Council by the owner of the animal because the owner is no longer willing or able to care for that animal…

The 'owner' of dog or cat Section 3 of the DAA includes anyone: who keeps or harbours the animal or has the animal in his or her care for the time being whether the animal is at large or in confinement.

Knox Budget’s Animal Surrender Fee of $146 per animal, means that more cats end up on the streets.  Knox’s fee for a mother cat with four kittens is $730.  Undesexed cats are dumped, and pregnant females try to care for their kittens, in a City where a cat seen outside is an illegal criminal.  Rescuers receive threats, and abuse.  

Charging a fee conflicts with Council's mandatory duty to accept the animal under S.33A implied by the words 'must accept'. There is no mention in s.33A of Council imposing any conditions before accepting the animal(s).  33A was made to stop Councils placing ‘unreasonable financial pressure on charity-based shelters with limited resources to accept and rehouse or destroy surrendered animals.’ Parliament 8 Sept, 2005

Councils seem to think that since their pounds are Domestic Animals Businesses under the DAA, they have the authority to charge fees for surrender.  The law is that Councils cannot charge fees for surrender.  Councils may only ask for a donation towards rehoming.

I asked Knox public questions at the Council Meeting on 22 June 2026.  Knox claimed ‘Council has prescribed an Animal surrender fee’, not ‘mandatory’,  ‘voluntary fee’ an ‘administrative charge’, ‘discretion’ blamed resident ‘confusion’,  process ‘currently being reviewed’.  Knox said only 31 of 98 paid, also counting large seizures within those figures.

Knox has a fee, not a donation.

‘An Animal surrender fee is likely to reduce animal welfare, encourage abandonment of fertile cats and thus increase predation on wildlife and damage to the environment.’ 

Knox Council $146 Animal surrender fee, for payment for surrender
https://www.knox.vic.gov.au/our-services/animals-and-pets/looking-after-your-pet/surrendering-your-pet  https://www.knox.vic.gov.au/form/animal-surrender-request

Council Watch: Pay To Surrender?  18 June 2026 : https://www.facebook.com/photo?fbid=1038657795164681&set=a.298663202497481

Star Mail 30 June 2026, on Knox Council's Animal Surrender Fee of $146,  https://lilydale.mailcommunity.com.au/news/2026/06/30/knox-surrender-fee-challenged/  page 3: https://ferntreegully.mailcommunity.com.au/digital-editions/ 

Note: It is an animal surrender fee, not a 'pet' surrender fee. The 'owner' of dog or cat is defined under Section 3 DAA includes anyone: 'who keeps or harbours the animal or has the animal in his or her care for the time being whether the animal is at large or in confinement

Knox Council Meeting 22 June 26, Budget 2026-2027 with Animal surrender fee $146: https://webcast.knox.vic.gov.au/archive/video26-0622.php  
Press 7. Public Question Time below to go to our 3 questions   
Questions Transcript: https://docs.google.com/document/d/13oK9ppOcAmn8cNgIKhJlnIcDHFbZC-Nac0JuodClUCQ/edit?usp=sharing   
Knox AdvoCats to Knox Budget 26-27: https://docs.google.com/document/d/1Qt_e_FKIA6_Ac5MzEPnVkFZh7zceQ7Er6P8fuPZij-w/edit?tab=t.0 

Thank you for the information from a lawyer, and from Animal Welfare Victoria.