Ground Lease - South Lake Waterway Pontoons

Project Overview

­Council has resolved to lease portions of Council land, known as the South Lake Waterway to adjacent landowners with an existing or proposed pontoon subject to Community Consultation.

Comment was sought in relation to Council’s resolution, which is to establish two long-term ground leases over the land with landowners at 5 Southwater Drive, Port Lincoln and 1/25 Jubilee Drive, Port Lincoln. The purpose of these leases is to allow the prospective lessees to erect and use a pontoon to berth a vessel and associated activities.

Unlike properties adjoining the waterway from The Mews, Lakeview Avenue, Parnkalla Avenue, Village Place and the southern end of Southwater Drive, the extent of land ownership for properties within this portion of the waterway, including the two properties that this consultation relates to, does not extend into the waterway, therefore a lease agreement and/or permit with the landowner (Council) is required for the use of the land.

The property owners of 1/25 Jubilee Drive (CT Ref: Vol 4296 Folio 477) were granted Development Approval for a proposed pontoon adjacent to their property on the South Lake Waterway in 2006. Inadvertently at the time, the requirement to issue a lease over the waterway was overlooked. Subsequently, the pontoon was constructed and remains in-situ with no lease arrangement in place.

The property owners of 5 Southwater Drive (CT Ref: Vol 5903 Folio 81) have submitted a development application for the construction of a new pontoon which is yet to be assessed, pending evidence of landowner consent, which is subject to a community consultation process. Upon completion of the consultation period, it is proposed Council will issue landowner consent for the development along with negotiating the proposed lease arrangements. The development will still require Development Approval prior to construction.

If approved, each leaseholder will be required to pay an ongoing annual fee for a fixed-term period, both of which will be determined by Council.

Please refer to the diagram included in the 'Key Documents', which shows the waterway with the 2 proposed locations highlighted and estimated waterway widths utilising GIS software. It is to be noted that the guidelines for the design of marinas recommends a minimum safe navigational width for an interior channel (South Lake Waterway) as being 20m or 1.5L (where L is the length of the longest vessel in the waterway) whichever is greater.

Council encouraged and welcomed feedback, and asked for those making a written submission to clearly articulate whether you were for or against the proposal. All identifying information will be redacted from submissions in all cases where they are made available publicly.

  • Consultation Open - 16 February 2023

    The public consultation period runs from Thursday 16 February 2023 to Thursday 9 March 2023

  • Consultation Closes - 9 March 2023

    The consultation period closes at 4.00pm, Thursday 9 March 2023

  • Ordinary Council Meeting - 17 April 2023

    Present written submissions to Council and finalise Ground Lease 

    Note the Community Consultation Summary will be presented to Council at the Ordinary Council Meeting in April 2023 (originally scheduled for 20 March 2023).  The meeting date has been extended to allow sufficient time to consider the submissions received.   

Have Your Say

Members of the community were invited to have their say on the Ground Lease - South Lake Waterway Pontoons during the public consultation period which ran from Thursday 16 February until 9am on Thursday 9 March 2023.

Council decision

A Consultation Summary Report was prepared and presented to the Council Members at the Ordinary Council Meeting held on Monday 17 April 2023.

All submissions received during the public consultation period have been taken into consideration by Council in the decision to:

  • not grant landowner consent for the installation of a pontoon at 5 Southwater Drive, Port Lincoln; and
  • request a further report from Council Administration as to the options available to resolve the existing pontoon matter which has been installed without landowner consent, with proposed timelines for resolution.  

To view the report to Council and Minutes of meeting refer to the 'Key Documents'.

Any enquiries on the Ground Lease - South Lake Waterway Pontoons can be directed to Council's Manager Building and Property, Brad Tolley on 8621 2300 or email