Local Government Land
Definition
Local Government Land means land owned by a Council or under a Council’s care, control and management, and generally includes roads, road reserves, footpaths, public car parks, reserves, playgrounds, lookouts, and foreshore/beach areas.
A person on Local Government land must comply with a reasonable direction from an authorised person relating to:
- That person's use of the land;
- That person's conduct and behaviour on the land;
- That person's safety on the land; or
- The safety and enjoyment of other persons on the land.
A person who, in the opinion of an authorised person, is likely to commit or has committed, a breach of this By-law must immediately comply with a direction of an authorised person to leave that part of Local Government land.
An authorised person may remove an animal or object that is on Local Government land in breach of a By-law if no person is in charge of, or apparently in charge of, the animal or object.
Camping and Tents
Camping or sleeping overnight in a non-designated camping area is strictly prohibited within the Yankalilla District. All roads, car parks, reserves, and look outs are non-designated camping areas, and expiations apply.
NOTE: Camp -includes setting up a camp, or causing a tent, caravan or motor home to remain on the land for the purpose of staying overnight, whether or not any person is in attendance or sleeps on the land.
Dog Faeces
No person is to allow a dog under that person's control, charge or authority to be in a public place or on Local Government land unless that person has in their possession a bag or other suitable container for the collection and lawful disposal of any faeces that the dog may deposit (for the purpose of complying with their obligation under section 45A (6) of the Dog and Cat Management Act 1995).
Please see our Dogs on Beaches webpage for details of where to find "Dog Poop bags" within our District.
Fires
Fires in a public place (other than road areas) are only permitted when they meet the following conditions;
- In a place provided by the Council for that purpose, or
- In a portable barbeque, as long as the barbeque is used in an area that is clear of flammable material for a distance of at least 4 metres.
NOTE: Open fires on Council owned land, including roads, car parks, reserves, lookouts, and foreshore areas are strictly prohibited.
Fireworks
No person shall, without permission from Council, ignite or discharge any fireworks.
Litter
No person shall throw, cast, place, deposit or leave any rubbish, dirt or refuse of any kind whatsoever except in a garbage container provided for that purpose.
The Local Nuisance and Litter Control Act 2016 controls enforcement of littering.
Remotely Piloted Aircraft and Remote Controlled Models (including Drones, Boats, Cars, and Other Models)
No person shall fly or operate a model aircraft, boat, or other remote control vehicle/model in a manner which may cause or be likely to cause injury, Or discomfort to a person being on or in the vicinity of the land or detract from or be likely to detract from another person's lawful use of and enjoyment of the land.
No person shall without permission from Council, subject to the Civil Aviation Act 1988, land or take off any aircraft (including drones and other aircraft models) on or from Local Government Land.
With the technology advances and popularity for drones growing at an ever increasing pace, users are advised to visit the Civil Aviation Safety Authority website for information on other rules and regulations.
Nuisance
Behave in such a manner as to cause discomfort, inconvenience, annoyance or offence to any other person.
The Local Nuisance and Litter Control Act 2016 controls enforcement of littering.
Toilets
In any public convenience on Local Government land:
- Urinate other than in a urinal or pan or defecate other than in a pan set apart for that purpose;
- Deposit anything in a pan, urinal or drain which is likely to cause a blockage;
- Use it for a purpose for which it was not designed or constructed;
- Enter a toilet that is set aside for use of the opposite sex except:
(a) where a child under the age of eight years is accompanied by an adult parent or guardian of that sex; or
(b) to provide assistance to a disabled person; or
(c) in the case of a genuine emergency.
Waste
No person shall deposit or leave thereon, in or around any public refuse bin:
- anything obnoxious or offensive;
- any offal, dead animal, dung or filth.
Some items must NOT be placed in ANY Public or Residential bin and must be disposed of correctly. These include:
- All liquid waste (paint and oil)
- Building and construction waste (steel, concrete, bricks, timber and builders’ rubble)
- Automobile components (including car tyres and car batteries)
- Rocks and earth
- Electrical waste (e-waste)
- Hazardous waste (toxic and household chemicals, asbestos, paints and thinners)
- Radioactive materials
- Hot ashes
- Medical waste
- Gas cylinders
- Flares, ammunition and explosives
For more information regarding waste disposal visit the Fleurieu Regional Waste Authority website.
The Local Nuisance and Litter Control Act 2016 controls enforcement of littering.
Foreshore
The information provided below is in addition to and to be read in conjunction with the Local Government Land regulations and restrictions.
On Local Government land comprising the foreshore:
- Drive or propel a vehicle onto or from the foreshore except to launch or retrieve a boat so long as the vehicle accesses the foreshore by a ramp or thoroughfare constructed or set aside by the Council for that purpose;
- Drive or propel a vehicle on the foreshore except to launch or retrieve a boat so long as the vehicle is driven or propelled on an area or road that is constructed or set aside by the Council for that purpose;
- Launch or retrieve a boat from the foreshore without using a boat ramp or thoroughfare constructed or set aside by the Council for that purpose;
- Allow a vehicle to remain stationary on a boat ramp longer than is necessary to launch or retrieve a boat; or
- Hire out a boat on or from the foreshore.
Subject to the Coastal Protection Act 1972 and the Native Vegetation Act 1991:
- Destabilise sand on a sand dune;
- Ride a sand board or any other object on a sand dune;
- Destroy, remove or interfere with dead or live vegetation within a sand dune, coastal slope or cliff;
- Introduce flora or fauna or dump any material on a sand dune;
- Carry out any activity that may damage or threaten the integrity of a sand dune, coastal slope or cliff.
FLORA & FAUNA
Subject to the Native Vegetation Act 1991 and the National Parks and Wildlife Act 1972:
- Deposit, dig, damage, disturb, interfere with or remove any soil, stone, wood, clay, gravel, pebbles, timber, bark or any part of the land;
- Take, interfere with, tease, harm or disturb any animal, bird or marine creature or the eggs or young of any animal, bird or marine creature;
- Disturb, interfere with or damage any burrow, nest or habitat of any animal or bird;
- Use, possess or have control of any device for the purpose of killing or capturing any animal, bird or marine creature.
ANIMAL MANAGEMENT
A person must not do any of the following on Local Government land:
Cause or allow any animal to enter, swim, bathe or remain in any waters to the inconvenience, annoyance or danger of any other person bathing or swimming.
Cause or allow an animal to damage a flowerbed, garden plot, tree, lawn or like thing or place.
Lead, herd or exercise a horse in such manner as to cause a nuisance or endanger the safety of a person.
Except for in a "controlled area", ride, lead or exercise a horse on Local Government land comprising the foreshore.
Cause or allow any horse to be let loose or left unattended within a controlled area.
Foreshore Off - On Dog Leash Restrictions
Horses
Horses are prohibited from using all beaches and sand dunes throughout the Council excluding a "Controlled Area" at Normanville Beach. The "Controlled Area" means the area of the foreshore at Normanville Beach commencing at a point 100 metres South of the Jetty and extending to a point 100 metres North of the Yankalilla River.
No person shall allow any horse to be let loose or left unattended on any portion of the controlled area.