Access Areas For Dogs Policy

Around half the population of NSW’s Hooded Dotterels exist in the Shoalhaven, making the region a crucial breeding ground for this critically endangered shorebird.

Last season’s breeding data has shone a spotlight on our threatened shorebirds, prompting an appeal to locals and visitors to continue helping to protect shorebirds as the breeding season runs from August to March.

Council is working closely with National Parks and Wildlife Service to patrol shorebird nesting areas and provide education to the community.

Many of our shorebirds are threatened and their survival relies on our beaches for a safe nesting habitat. Shorebirds build their nests right on the sand and their eggs are very well camouflaged, making them hard to see.

There are simple things that beach goers, and particularly dog owners, can do to look after our shorebirds.

• Look out for nesting signs and stay away from roped-off nesting areas.
• Stick to the wet sand and give the birds plenty of space.
• Be mindful about taking your dog to the beach – always keep them on a leash, unless you’re on a designated off-leash beach.
• Keep your dog away from soft sand dune areas.

South Coast Shorebird Recovery Program Volunteers monitor and protect shorebird breeding habitats from August until March each year. Last season’s counts of nests and fledglings for the Shoalhaven were the best numbers recorded for many years:

• Hooded Dotterel = 10 breeding pairs and 12 fledglings (critically endangered).
• Little Tern = 166 breeding pairs and 200+ fledglings (endangered).
• Pied Oystercatcher = 32 breeding pairs and 20 fledglings (endangered).
• Sooty Oystercatcher = 43 breeding pairs and 7 fledglings (vulnerable).

Since the Shoalhaven coastline provides complementary breeding, foraging and sheltering habitat for threatened shorebirds, we are all urged to continue our efforts to avoid these species from becoming extinct.

This data shows that the measures being taken, along with the cooperation of residents and visitors, can make a difference. People are encouraged to continue to help protect our region’s precious shorebirds.

One of the threatened species, the Little Tern, migrates from eastern Asia in spring and summer to nest. The species is covered by international agreements for the protection of migratory birds – the Japan-Australia Migratory Bird Agreement (JAMBA), the China-Australia Migratory Bird Agreement (CAMBA) and the Republic of Korea-Australia Migratory Bird Agreement (ROKAMBA).

Beachgoers are reminded to check Council’s website for information on off-leash and prohibited areas. For more information on shorebirds, visit the National Parks and Wildlife Service webpage.

Council is preparing an environmental assessment, also known as a Review of Environmental Factors (REF), for each dog off-leash area within the Shoalhaven. The aim of these assessments is to evaluate the impact each dog off-leash area has on the community and the environment.

Dog off-leash area REFs are undertaken in accordance with Part 5 of the Environmental Planning and Assessment Act 1979 (EP&A Act). The REFs are informed by investigations that consider factors outlined under Section 171 of the Environmental Planning and Assessment Regulation 2021 (EP&A Regulation). The dog off-leash area REFs are being published, for information only, in accordance with Section 171 (4) (of the EP&A Regulation), as a matter of public interest.

The REFs are being undertaken to help inform decision-making processes, including identifying mitigation measures for further consideration by Council.

Council will notify and consult with communities affected by proposed changes to any existing dog off-leash areas that arise due to REF findings and other investigations. The results of the consultation activities, REF findings, recommendations, and any other relevant matters, will be referred to the elected Council for final determination.

Further information about changes to dog off-leash areas, including updates about transitioning, signage and education campaigns will be published on this web page.

New signage will also be installed at affected locations to reflect outcomes of this environmental due diligence process.

The Review of Environmental Factors – Dogs Off-leash Access – Huskisson Beach is now available for viewing in the ‘Document Library’ on this web page.

Public exhibition of the draft Access Areas for Dogs Policy (the Policy) closed on 11 June 2023. The policy was on exhibition for 6 weeks. 491 people participated in the survey and 11 written submissions were received. Thank you to all who provided feedback.

860 social media responses were recorded including comments, shares, and links. The total engagement for this round of consultation was 1,362.

The responses received have now been reviewed. There is broad community support for the Policy - 40.5% of survey participants stated that they support the Policy, and 42.9% stated that they support the Policy with changes. 16.7% of respondents did not support the Policy. This means the proposed Policy enjoys general support from over 80% of respondents.

The Policy is currently being revised, taking your feedback into consideration, and will be submitted to Council for endorsement in the coming months. An Engagement Summary Report on the outcomes of the public exhibition period will also be submitted to Council.

The broad range of views on dog-controlled areas have been noted and registered. This includes requests for off-leash areas, requests for dog-prohibited areas and comments on signage, compliance, and enforcement. Your feedback will be included in the Engagement Summary Report to be submitted to Council and will inform future planning.

Thank you to everyone who participated for sharing your local knowledge and assisting Council to manage dog access areas in line with community expectations, environmental considerations, and legal requirements.

Further information about previous consultation activities and related Council decisions is published in the News Feed below and in the Document Library on this page. We will continue to publish updates here, so keep an eye out for new information in the News Feed on this page.

You can subscribe to receive project updates by providing your email address in the ‘Stay Informed’ box (located in the top-right corner of this screen).

Thank you for your input. Community consultation is now closed.

Shoalhaven’s Access Areas for Dogs Policy has been revised to better manage dog access areas in line with community expectations, environmental considerations and relevant legislation.

Everyone is invited to have their say about the proposed draft policy by completing a short ONLINE SURVEY.

The Access Areas for Dogs Policy outlines the processes for deciding where dogs can and cannot go in the Shoalhaven, including where they are permitted to be off leash in accordance with state and federal legislation.

The draft policy will be on exhibition for 6 weeks from 1 May until 11 June 2023.

Background

By law, dogs are required to be on-leash when in a public place in Shoalhaven unless in a designated off-leash area or dog-prohibited area.

The Access Areas for Dogs Policy regulates where dogs are allowed to be off-leash and dog-prohibited areas defined by Council, in accordance with the Companion Animals Act 1998 (NSW) and other relevant legislation.

Community Consultation

Community consultation was undertaken in 2021, as one of the first steps in the policy review process. Nearly 1,400 people responded to the survey and many more submitted detailed written feedback.

The draft policy has been developed based on feedback received in 2021 and further investigations undertaken by Council staff.

What is wrong with the existing Dogs Policy?

The Access Areas for Dogs Policy needs to be updated to allow Council to manage dog access in line with community expectations and legal requirements.

What’s changed?

• To minimise confusion, terminology used within the proposed policy has been brought into line with terminology used in other relevant legislation (law).
• The existing policy includes a ‘static’ list of all off-leash and dog-prohibited areas defined by Council. This means new off-leash sites are only able to be considered during policy reviews (typically every four years).
• The list of off-leash and dog-prohibited sites has been removed and replaced with a set of provisions defining how Council will designate (process and determine) ‘off-leash’ and ‘dog-prohibited’ areas (ref. s3.7 & s3.8 of the draft policy).
• A list of off-leash and dog-prohibited sites will be maintained and made publicly available via Council’s website, guideline materials, and other channels.
• The proposed policy will enable Council to manage issues that may arise in off-leash or dog-prohibited areas, such as: shorebird nesting; biodiversity loss; and social and cultural matters (such as Indigenous heritage or conflicts arising from high-use). This approach is known as ‘adaptive management’, and will allow Council to be responsive to changes in conditions as they arise.
• Off-leash and dog-prohibited areas will be determined in accordance the proposed policy (including s3.8, which outlines what steps will be taken to facilitate public scrutiny and transparency).
• We’ve worked hard to develop a clear policy statement and clear objectives for the policy. This will provide clarity to all stakeholders about outcomes Council is seeking to achieve under the policy. The policy statement and objectives have been carefully calibrated in accordance with relevant legislation (law).
• A classification system has been established to clearly define three types of dog access areas in public places. The system is based on easily recognised conventions used in traffic lights (red, orange, and green).
• Signage and guidelines will be developed using the ‘traffic light’ system; RED for dog-prohibited areas, ORANGE for dog on-leash areas, and GREEN for off-leash areas.

At Council's Ordinary Meeting on 26 April 2022 it was resolved:

That Council:

1. Receive this report for information as an overview of community consultation undertaken in 2021 associated with the review of Access Areas for Dogs Policy.

2. Acknowledge and commend the involvement and interest of the community in providing feedback on the Access Areas for Dogs Policy.

3. Endorse the proposed methodology in relation to reviewing the Access Areas for Dogs Policy and Dog Off-Leash Guide based on the community feedback received to date.

4. Recognise that appropriate environmental due diligence must be exercised by Council, and environmental assessments are required in line with State and Commonwealth legislation for dog access areas.

5. Allocate a budget of $180,000 from Council’s Dog Off-leash Internal Reserve to fund the engagement of resources in Environmental Services, City Development to undertake the required environmental assessments in-house.

6. Receive a future report once resources are engaged on the scope of environmental assessments to be undertaken and the associated timeline to complete, noting that this work is required to be undertaken prior to a revised draft Access Areas for Dogs Policy being prepared.

7. Receive a future report on the proposed revised draft Access Areas for Dogs Policy, which will seek a Council resolution to place a revised draft Access Areas for Dogs Policy document on public exhibition with the report back to include: a. a detailed analysis and development of an associated risk based, evidence based, compliance section to the policy. Risks to include dog density with respect to dog off leash areas (fenced, beaches) seasonality of bird breeding and holiday seasons. b. analysis of the financial implications of education and compliance. 8. Continue to liaise and engage with key stakeholders and community throughout the Policy review process.

The Report to Council Agenda and Minutes of the 26 April 2022 Ordinary meeting can be viewed on Councils Agendas and Minutes web page.

Thank you for your interest and involvement in this project. The Gauge Consulting Consultation Summary Report is available to view in the Document Library on this web page.

Council acknowledges the delay to the project timeline, as outlined in the 27 July 2021 report to Council.

The timeline has been impacted by a number of unforeseen circumstances. Unfortunately, it has not been possible to meet all of the milestones within the estimated timeframes due to the delay of Council elections and COVID- 19 related lockdowns.

The overwhelming number of responses to the Online Survey and submissions sent to Council has also caused delays to the timeline, due to the additional time taken to collate and review.

In response to this, the Project Team have amended the proposed methodology to ensure all feedback received was captured and accurately recorded, along with ensuring the new Councillors are adequately updated on the Policy review. In addition, recent unforeseen events have identified that further investigations and assessments are likely to be required to meet environmental and planning legislation, which may delay the project further.

Council very much appreciates all of the feedback received to date. This feedback has been captured in Guage Consulting's Consultation Summary Report, delivered to the Project Team in December 2021. Key insights from this report, as well as feedback from Internal Stakeholders, will guide the Project Team's development of a proposed approach to the revision of the Policy.

This proposal will be reported to Council in April 2022 and where a way forward will be determined. The report to Council can be viewed by the public prior to the meeting. A further update will be sent to all stakeholders, and those subscribed to the Get Involved web page, once the Council meeting date is confirmed.

We appreciate your involvement and participation to date and look forward to engaging with you further as the project progresses.

The initial Community Consultation phase for the policy review was completed in November 2021.

The Summary Report is currently being reviewed by relevant internal stakeholders and will be presented to Council in the coming months.

All Councillors, including the eight new Councillors, will be briefed on the report and the community consultation prior to it being reported to a Council meeting.

Once the Councillor Briefing on the Policy review is completed and Councillor feedback has been received, a report will be presented to Council along with the Summary Report prepared by Gauge Consulting. When the report is adopted by Council, it will be publicly accessible.

Further consultation with stakeholders will be offered on the draft policy when it goes to public exhibition.

Council resolved (MIN21.657) at its Ordinary Meeting on 28 September 2021 that:

1. As part of the Review of Access Areas for Dogs Policy and Guidelines the Community Working Group looks at the adequacy of the network of dispensers for dog waste bags and considers the feasibility of Council taking control of the purchase and supply of bags and dispensers across the Shoalhaven.
2. Council also look at types of biodegradable disposable dog waste bags.

Council staff, along with Gauge Consulting included the above in design of the second round of focus groups workshops.

Thank you to the Community Working Group members for engaging online and to everyone who has provided feedback so far.

The feedback received as part of the Community Engagement phase is in the process of being analysed by Gauge Consulting to inform the second round of Focus Group Workshops and the Community Engagement Summary Report.

Due to the overwhelming number of responses received, the second round of Focus Groups are anticipated to be held in mid-October 2021. This is to allow adequate time for meaningful analysis of data and feedback.

Focus Group participants will be contacted in relation to the second round of Focus Group Workshops once details are finalised.

Council would like to thank everyone again for their involvement so far and looks forward to your ongoing participation.

Council would like to thank everyone who has provided feedback in relation to the Review of Access Areas for Dogs Policy review. We would like to also thank all those who assisted in distributing the Community Survey and advising others of the feedback opportunities.

We have received a strong response to the Community Survey with over 1,300 respondents, as well as over 200 attendees across the drop-in sessions. Council staff appreciated the passion of the community and enjoyed having meaningful conversations with a wide variety of community members (in a COVID-Safe manner!).

Next Steps

The Community Survey is now closed, and submissions received by Council up until now will be considered alongside the Community Engagement Summary Report being prepared by Gauge Consulting at the conclusion of the initial Community Consultation phase.

The data collected as part of the Community Survey will be analysed by Gauge Consulting. The outputs will be synthesised and will help inform the second round of Focus Group workshops.

Council is committed to a balanced and transparent approach to the Policy review, which includes allowing appropriate time for the analysis of feedback received. We will provide further information on an anticipated timeline for the remainder of the engagement process in the coming weeks.

We look forward to working collaboratively with the community to find a shared way forward for users of public space in the Shoalhaven.