Council By-Laws are able to be made by a Council in accordance with Section 246 of the Local Government Act 1999. By-Laws are local laws established by councils to deal with issues specific to the relevant council area. Council can issue penalties including expiation notices (fines) for non-compliance of its By-Law.
Alexandrina Council administers the following By-Laws in accordance with the relevant provisions of the Local Government Act 1999.
The Local Government Act 1999 requires these By-Laws to be reviewed every seven (7) years. As such, a review process was undertaken throughout 2023 and came into effect on 28 December 2023.
A public consultation process was undertaken and all submissions were considered in the final drafting of the By-Laws. These By-Laws were approved at the Council Meeting on 21 August 2023. There was a four (4) month period where the By-Laws must be published in the Government Gazette (required under the legislation), enabling the new By-Laws to be effective from 28 December 2023.
Permission can be sought through way of a permit for a number of activities enforced by Council 's By-laws. These permits can include (but not limited to):
- busking
- mobile food vendor
- on-street advertising
- outdoor dining
- dog and cat management
- preaching
These permits can be found on Council's website or you can call the Customer service staff for assistance on 8555 7000
Council Resolutions for Local Government Land By-law 2023
Pursuant to section 246(4a) of the Local Government Act 1999, and in exercise of its powers under section 246(3)(e) of the Act, at the 18 December 2023 Council Meeting, the Council resolved;
- (Camping) for the purpose of clause 9.15.3.1 of the Local Government Land By-law 2023, the signed area at Frank Potts Reserve Langhorne Creek (map A) is designated as an area where camping is permitted for a maximum period of 72 hours.
- (Mooring) for the purpose of clause 9.10.3.1 of the Local Government Land By-law 2023, that the following areas are designated for mooring purposes:
a. ‘Goolwa Area' Goolwa Township side of the river – the river frontage from an imaginary line continued from Daniel Avenue Goolwa North to an imaginary line continued from Kestrel Court Goolwa South (highlighted red in map B), but subject to the conditions specified below,
b. Hindmarsh Island side of the river – the river frontage from the Goolwa Barrage to an imaginary line from the end of Narnu Drive Hindmarsh Island to the river (highlighted blue in map B),
c. ‘Milang Area’ – the river frontage from an imaginary line continued from Story Street Milang in the North to an imaginary line continued from Amaroo Avenue Miland in the South (map C), but subject to the compliance with the condition specified below
d. ‘Clayton Bay Area’ – the river frontage from an imaginary line drawn from the end of Finniss Street Clayton Bay to the river in the west along the riverfront to an imaginary line continued in an easterly direction from the end of Lowther Street and the river frontage from the southern boundary of the caravan park to the North Eastern end of the most eastern carpark on Island View Drive (map D), but subject to the condition specified below.
- (Mooring conditions) for the purpose of clause 9.10.3.2 of the Local Government Land By-law 2023, the following condition must be complied with to moor a boat in the Goolwa Area, Milang Area or Clayton Bay Area as described above:
the person responsible for or occupying the boat that is being moored must provide evidence of current registration and insurance for the boat to an authorised officer of the Council upon request.
- (Vehicles and Horses on Goolwa Beach) for the purpose of clause 9.5.2.1 of the Local Government Land By-law, the designated area as where an animal may be ridden, taken onto or allowed to remain thereon; and for the purposes of clause 9.35.4.1 of the By-law, designated as area where a vehicle may be driven or propelled, but subject to complying with the balance of clause 9.35.4.
Exemptions
At the 18 December 2023 Council Meeting, Council moved the following resolution (resolution C23520):
‘in exercise of its powers under clause 14.3 of the Council’s Local Government Land By-law 2023 No.2 (“the By-law”) the Council hereby grants, for so long as the by-law is in force, an unconditional exemption such that a vulnerable person from compliance with the clause 10.16.4 of the By-law’
Dogs On and Off Leash
In exercise with its power under section 246(4a) of the Local Government Act 1999, the Council resolved at its 19 February 2024 Council Meeting that clause 9.1 of the council Dogs By-law 2023 allowing dogs to be off-leash in the following areas;
- Between 1 February and 30 April the following foreshore areas:
- Between 1 May and 30 November the areas listed above at 1.1 can be off leash at all times, but under effective control as defined under clause 6.7.2 (except where there are active Hooded Plover breeding areas.
- All other parks and foreshore areas excluding those that are designated as dog prohibited areas under clause 10 or dog on-leash areas under clause 9 of the By-law and those listed below as being exempt below (under clause 8), between the hours of 10am and 6pm all year round
- All other parks and foreshore areas excluding those that are designated as dog prohibited areas under clause 10 or dog on leash areas under clause 9 of the By-law and those listed above being exempt, between 6pm and 10am under effective control as defined under clause 9.7.2 all year round.
Council noted at the 18 December 2023 Council meeting that the resolutions previously made on 16 October 2017 by Council in relation to the Dog By-law 2016 to declare dog on-leash and dog prohibited areas (maps) will continue in operation under the Dogs By-law 2023 pursuant to Section 253 of the Local Government Act 1999 until any future decision of the Council to vary the same.
For more information regarding Dogs On and Off Leash please contact Council's Community Safety Team or visit Animal Management - dogs on and off leash.