The Marine and Harbors Navigation Act 1993 declares who owns the beaches in South Australia. Most beaches (low water mark to 50 m above high water mark) have been vested in the Department of Transport. Exceptions are Commonwealth land, beaches that form part of reserves under National Parks and Wildlife Act, private land and some vested in local councils.
Beaches owned by the Department of Transport are by default roads and therefore, road rules apply. This implies that pedestrians on beaches must give way to vehicles.
For most beaches, local councils can use their bylaws to allow or restrict vehicular access to beaches and there is a proposal for them to set speed restrictions on beaches on which they have allowed access. For an example of the kinds of by-laws that can be developed with regard to beaches and foreshores, see the City of Onkaparing by-lay no. 6.
If it wishes, the Coast Protection Board can propose under the Coast Protection Act 1972 to restrict access to specific beaches and if accepted would overrule local council bylaws. For beach reserves under the National Parks and Wildlife Act, DEH manages the access tracks through its reserves to the beaches.
Vehicular access can have negative environmental effects upon vegetation and animals and can cause erosion. There are potential toxic effects to the microscopic infauna in the beach sand, from pollutants such as oil from leaking engines. Regional NRM Boards need to be aware of the issue and support monitoring (e.g. by DEH or others) to monitor beach access, and work with and support councils in the better management of beach access/traffic.
Local councils: In the Traffic Act 1961, in Part 3, Division 4, 44B (Misuse of motor vehicle):
(1) For the purposes of this section, a person misuses a motor vehicle if the person -
(d) drives a motor vehicle onto an area of park or garden (whether public or private) or a road related area so as to break up the ground surface or cause other damage
The definition of a 'road-related area' is (from Traffic Act 1961, Part 1):
(a) an area that divides a road;
(b) a footpath or nature strip adjacent to a road;
(c) an area that is not a road and that is open to the public and designated for use by cyclists or animals;
(d) any public place that is not a road and on which a vehicle may be driven, whether or not it is lawful to drive a vehicle there;
Given that a beach is by default a road (except for the exceptions mentioned above), part (d) implies that a road related area could, for example, be a dune. Therefore, this leads to the suggestion that anyone causing damage to dunes and dune vegetation outside of the excepted areas above, is misusing a motor vehicle and is thus liable to pay compensation costs (Traffic Act 1961, Part 3, Division 4, 44B (5)).
A document is available from the Department of Transport called Speed Limits on Beaches, which provides some guidelines for local councils.