State cabinet is expected to approve a new category of "menacing or potentially dangerous dog" within days following the fatal attack on toddler Deeon Higgins at Deniliquin this month.
Under existing legislation there are restrictions on two types of dogs - "dangerous" dogs and five breeds of "restricted" dogs.
The Companion Animals Act will be amended to allow council rangers to declare a dog "potentially dangerous" and take it off the streets if it has shown "aggressive tendencies", even if it does not have a history of attacks.
Local Government Minister Don Page foreshadowed the move at a budget estimates hearing when answering a question from opposition local government spokeswoman Sophie Cotsis. Ms Cotsis said there had been nearly 10,000 dog attacks in NSW in the past two years and Mr Page had failed to act on a report from the Companion Animals Taskforce that had been sitting on his desk since February.
Mr Page said menacing dogs may not have to be secured in a childproof enclosure like a dangerous dog but would need to be on a lead and possibly muzzled if taken out in public. "Certainly it would need to be under the control of a person over 18 years of age," he said.
Cabinet will consider adding to the restricted dog breeds and recovery of registration fees from the 600,000 dogs in NSW that are microchipped but not registered.