Some provisions of the Council’s new by-laws (to take effect 12 December 2023) are worded in such a way that they only apply to Local Government Land in respect of which the Council has determined that they apply (or don’t apply).

Notice is hereby given that the City of Victor Harbor resolves that:

By-law 3 - Roads

pursuant to the power contained in Section 246(3)(e) of the Local Government Act 1999, resolve that no locations have been identified for the application of Clause 4.9 of By-law 3 – Roads, the Council has resolved that no location be identified for the purpose of Clauses 4.9.

By-law 4 – Local Government Land

Pursuant to the power contained in Section 246(3)(e) of the Local Government Act 1999, and Clause 11 - Application of By-law 4 – Local Government Land, the Council resolved:

• clause 4.6.1.3, shall apply to all waters on local government land; and
• clause 4.8, shall apply to all waters on local government land (fishing is permitted); and
• clause 4.10.2, shall apply to all waters on local government land (for a motorised craft only); and
• clause 4.10.3, shall apply to all waters on local government land (for non-motorised craft only); and
• clause 4.10.4, shall apply to all waters on local government land; and
• clause 4.20, shall apply to the waters of Encounter Lakes and Franklin Island Lake, subject to the following conditions:
• not within 25 metres of the inlet or outlet structure of Encounter Lakes; and
• not within 10 metres of the bridge over the Franklin Island Lake; and
• not within 10 metres of Encounter Lakes pump station (35 Bartel Boulevard, Encounter Bay); and
• clause 4.25.2, shall apply to all local government land; and
• clause 5.8.1, shall apply to any building or part of any building on local government land; and
• clause 5.9, shall apply to all waters on local government land (except for dive and scuba dive).

Pursuant to the power contained in Section 246(3)(e) of the Local Government Act 1999, and Clause 11 – Application of By-law 4 – Local Government Land, the Council resolved that no locations have been identified for the application of Clauses 4.10.1, 4.22, 4.26, 4.28.2, 4.28.3, 4.37, 5.5.1 (except in the area of Encounter Lakes and Franklin Island Lake where catch and release fishing is allowed) and 5.8.2.

Pursuant to the power contained in Section 246(3)(e) of the Local Government Act 1999, and Clause 11 – Application of By-law 4 Local Government Land, the Council resolved that:

• Clause 4.24.2 – no location has been identified; and
• Clause 4.35 – shall apply to all Local Government land (subject to the Road Traffic Act 1961)

By-law 5 – Dogs

Pursuant to the power contained in Section 246(3)(e) of the Local Government Act 1999, and Clause 8 – Application of By-law 5 – Dogs, the Council resolved that no location has been identified for a dog free area at Clause 4.1.

Pursuant to the power contained in Section 246(3)(e) of the Local Government Act 1999, and Clause 8 – Application of Clause of By-law 5 – Dogs, the Council resolved the following areas are ‘Dog on-leash areas’ 24/7 for the purposes of Clause 5.1:

• Soldiers Memorial Reserve
• Soldiers Memorial Garden
• Warland Reserve
• Along the foreshore areas adjacent to Encounter Lakes and Franklin Island Lakes:
• John Simmons Park– Corner of Central Drive and Clifton Way
• CM Thorpe Park – Corner Mathew Flinders Drive and Bartel Boulevard
• John Crompton Reserve – Corner Tabernacle and Nicholas Baudin Drive
• Petrol Cove.

Pursuant to the power contained in Section 246(3)(e) of the Local Government Act 1999, and Clause 8 – Application of By-law 5 Dogs, the Council resolved the following as new ‘Dog on-leash areas’ 24/7 for the purposes of Clause 5.1:

• Hindmarsh River Estuary Sand Dunes
• Inman River Estuary Sand Dunes
• Wright Island.

Pursuant to the power contained in Section 246(3)(e) of the Local Government Act 1999, and Clause 8 – Application of By-law – Dogs, the Council resolved that the foreshore area between the Bluff and Chiton Rocks will have the following Dog leashing requirements (excluding Hindmarsh River, Inman River Estuaries and Wright Island) for the purposes of Clause 5.1:

• Daylight Savings (October to March)
• Dogs must be on-leash between 10am and 6pm during daylight savings; and
• Dogs may be off-leash (must be under effective control) between 6pm and 10am during daylight saving (October to March)
• Non-Daylight Savings (April to September)
• Dogs may be off-leash (must be under effective control) during non-daylight saving.

Pursuant to the power contained in Section 246(3)(e) of the Local Government Act 1999, and Clause 8 – Application of By-law 5 – Dogs, the Council resolved that the Victor Harbor Dog Park located at the corner of George Main Road and Oval Park Road, Victor Harbor is a Dog Exercise Area for the purposes of Clause 6.1.

By-law 7 - Foreshore

Pursuant to Section 246 (3)(e) of the Local Government Act 1999, and Clause 10 – Application of By-law 7 Foreshore, the Council resolved no locations have been identified for the purpose of Clauses 5.1 and 5.8.

That Council delegates to the Chief Executive Officer (or delegate) under Part 2 and 3 of Bylaw 1 – Permits and Penalties:

• to grant permission to a person who seeks permission to undertake an activity under Council by-laws that is otherwise prohibited under a Council by-law, and that the authorisation is recorded in Council’s Delegations Register; and
• to vary or revoke such conditions or impose new conditions by notice in writing to the person granted permission, or to suspend or revoke a grant of permission at any time by notice in writing to the person granted permission.

That Council authorises the application of the by-laws, as resolved and pursuant to the power contained in Section 246(3)(e) of the Local Government Act 1999, to take effect from 12 December 2023.