Dogs on the Beach - Updated 23 January 2023

On 23 January 2023 Council carried this resolution

1. Pursuant to the power contained within Section 246(3)(e) of the Local Government Act and for the purposes of Clause 9 of the Dogs By-law, resolves to allow dogs to be off-lead and under effective control on the Whyalla foreshore from Dunstone Street to the mangroves, without any of the time restrictions which apply to the remaining parts of the Foreshore
2. To avoid doubt, this resolution is in addition to the decision in April 2022 (see below resolution) to permit dogs off-leash along the whole foreshore from the marina to the mangroves and varies that resolution only to the extent that the time limits no longer apply to that part of the foreshore that stretches from Dunstone Street to the mangroves.
3. Pursuant to the power contained within Section 246(3)(e) of the Local Government Act and for the purposes of Sub-clause 9.4.4 of the Local Government Land By-law, the Council resolves that Sub-clause 9.4.4 applies to that part of the foreshore that stretches from Dunstone Street to the mangroves, meaning that horses (or camels) may be exercised on that part of the foreshore during the hours specified in the By-law.
4. Council resolves that the times which apply to animal access to the foreshore under Sub-clause 9.4.4 of the Local Government Land By-law may be varied by a permit which may be issued under delegation, when applications to this effect are received.
5. Council resolves to impose a ‘once-off’ fee for any permit issued under the Council’s By-laws for any activity that is not a business activity or income-generating activity and to include this fee in the Council’s Fees and Charges Register
6. The once-off fee described at item 5 above is set initially at $23.00, to be updated as resolved during future reviews of Council’s Fees and Charges Register.
7. In making these resolutions, Council notes that the Local Government Land By-law defines the ‘Foreshore’ as follows: 
   - ‘foreshore’ means land extending from the low water mark on the seashore to the nearest road or section boundary, or to a distance of 50 metres from the highwater mark (whichever is the lesser distance);
   - In the present context, the nearest road or section boundary is the sea wall separating the seashore from the other parts of the Local Government land.

On 19 April 2022 Council carried this resolution:-

1. pursuant to the power contained within Section 246(3)(e) of the Local Government Act and for the purposes of Clause 9 of the Dogs By-law, resolves to allow dogs to be off-lead and under effective control on the Whyalla foreshore from the Whyalla jetty to the mangroves, under the conditions set out below:
   • before 8.00 am and after 9.00 pm during Central Daylight Saving Time (summer);
   • before 8.00 am and after 6.00 pm during Central Standard Time (winter); and
   • under effective control at all times (‘Effective control’ means ‘by command, the dog being in close proximity to the person and the person being able to see the dog at all times’ as per Clause 6.8.2 of the Local Government Land By-law 2021).
2. In making this resolution, Council notes that the Local Government Land By-law defines the ‘foreshore’ as follows:
   • foreshore means land extending from the low water mark on the seashore to the nearest road or section boundary, or to a distance of 50 metres from the highwater mark (whichever is the lesser distance); and
   • in the present context, the nearest road or section boundary is the sea wall separating the seashore from the other parts of the Local Government land.
3. Whyalla City Council implements compliance monitoring arrangements in the morning period for the initial implementation period and maintains an ad hoc ‘spot check’ monitoring arrangement over a more extended period.

All terms are as stated in By-law no.5 Dogs

Foreshore (from the low water mark on the seashore to the seawall) beach area along the water line from the Jetty to Dunstone Street

Dogs can be off-leash and under effective control;  Before 8am and after 9pm during Central Daylight Saving Time (summer) and,

Before 8am and after 6pm during Central Standard Time (winter) Updated signs will be erected throughout the area following council resolution 19 April 2022

Refer to map below.

For a list of on-leash and off-leash areas please see list below.

ON LEASH AND OFF-LEASH PARKS

A ‘park’ is defined in the Act as:
“a park, garden, reserve or other similar public open space, or a foreshore area, within the area of a council”.