The Benalla Rural City Council have agreed to further consultation after receiving a petition requesting that Council declare Churchill Reserve as an area where dogs may be exercised off leash.

The Benalla Rural City Domestic Animal Management Plan 2021-2025 (DAMP) was adopted and the Council resolved to make an order under Section 25 and 26(2) of the Domestic Animals Act 1994 at its Council Meeting held on 23 February 2022. The Section 26(2) order was published in the Government Gazette on 10 March 2022.

Various reserves and recreational areas in the Benalla Rural City community were considered for off leash areas, including Churchill Reserve, prior to the adoption of the DAMP. The four previously declared off leash areas were incorporated into the Section 25 and 26(2) Order (the Order) as these areas are under the management of Council and do not have a Committee of Management in place. Designated Areas where dogs may be exercised of leash, as listed in the Order, are:

• Little Casey Island
• Big Casey Island (signed areas only)
• Psaltis Parade Reserve
• U.F.S. Sports Reserve (signed areas only)

The petition presented to Council calls for the reserve to be made off leash in a “time share” arrangement to allow for other organisations to use the reserve without interference from unleashed dogs.

This arrangement would be unsuitable and the reserve would be declared an off leash area at all times.

If the reserve is added to the list of designated area where dogs maybe exercised off leash. Owners are required, under the Order to:

• carry a chain, cord, or leash, not exceeding 3 metres in length, sufficient to bring the dog under effective control if the dog behaves in a manner which may worry, threaten or harass any person or animal, and
• remain in effective control of the dog by voice and/or hand command to promptly bring the dog under control by chain, cord, or leash if it becomes necessary, and
• not allow the dog to worry, threaten or harass any person or anima

In a designated area where dogs may be exercised off leash. Owners are required, by the Order, to bring their dog under effective control by means of chain, cord or leash if within:

• 30 metres of the principal location of an organised sporting event
• 30 metres of the principal location of an organised public meeting
• 30 metres of a permanent barbecue or picnic area when in use
• 10 metres of the perimeter of a playground
• 5 metres of a shared pathway

The Order includes a review clause that allows Council, by order of resolution and giving public notice by inviting submissions on the proposal, to add or remove a reserve, or part of a reserve, to the list of designated reserves where dogs may be exercised off leash. Council will consult with Churchill Reserve Committee of Management and conduct consultation with the surrounding residents before reviewing the Order to list Churchill Reserve a designated area where dogs maybe exercised off leash.