Amalgamations Update

Amalgamations update By publication on the NSW Legislation website at 12.10pm on 12 May 2016 of the Local Government (Council Amalgamations) Proclamation 2016 (2016-242), the Minister for Local Government, exercising power under the Local Government Act 1993, abolished certain existing councils and created 17 new councils as listed below: Armidale Regional Council (Armidale, Dumaresq and Guyra) Canterbury-Bankstown Council (Bankstown and Canterbury) Central Coast Council (Gosford and Wyong) Edward River Council (Conargo and Deniliquin) Federation Council (Corowa and Urana) Georges River Council (Hurstville and Kogarah) Gundagai Council (Cootamundra and Gundagai) Snowy Monaro Regional Council (Bombala, Cooma Monaro and Snowy River) Hilltops Council (Boorowa, Harden and Young) Inner West Council (Ashfield, Leichhardt and Marrickville) Mid-Coast Council (Gloucester, Great Lakes and Greater Taree) Murray River Council (Murray and Wakool) Murrumbidgee Council (Jerilderie and Murrumbidgee) Northern Beaches Council (Manly, Pittwater and Warringah) Queanbeyan-Palerange Regional Council (Queanbeyan and Palerang) Snowy Valleys Council (Tumut and Tumbarumba) Western Plains Regional Council (Dubbo and Wellington) By publication on the NSW Legislation website at 12.10pm on 12 May 2016 of the Local Government (City of Parramatta and Cumberland) Proclamation 2016 (2016-241), the Minister for Local Government, exercising power under the Local Government Act 1993, abolished certain existing councils and created 2 further new councils being: City of Parramatta Council (Parramatta and part of Hills, Auburn, Holroyd and Hornsby) Cumberland Council (Auburn and Holroyd) The Minister for Local Government also intends to create a further 9 new councils from the amalgamation of the following council areas: Botany and Rockdale Randwick, Waverley and Woollahra Bathurst and Oberon Ku-ring-gai and Hornsby Mosman, North Sydney and Willoughby Blayney, Cabonne and Orange Hunters Hill, Lane Cove and Ryde Burwood, Canada Bay and Strathfield Shellharbour and Wollongong These 9 merger proposals are, however, subject to legal challenges and are intended to be proclaimed once those challenges have concluded. At the time of this update, the legal challenge by Woollahra Municipal Council has been heard and judgment is reserved in the Land and Environment Court. It is not known when judgment will be delivered. Under the Local Government Act 1993, prior to the amalgamation of a council area, a public inquiry must be undertaken. Woollahra Municipal Council’s legal challenge related to the way in which the Delegate of the Chief Executive of the Office of Local Government, Dr Robert Lang, advised and conducted the public inquiry held in Rose Bay on February 4. Woollahra Municipal Council alleged a failure to give reasonable notice of the meeting, a failure to conduct the public inquiry according to the Local Government Act 1993, a lack of procedural fairness and a failure to seek the views of Woollahra residents constituted breaches of the Local Government Act 1993. It is understood the basis for the other 8 legal challenges is similar to the legal grounds alleged by Woollahra Municipal Council. Other legal challenges also relate to the content of the KPMG report which informed the government’s decision making processes. Legal challenges by Botany Bay City Council (brought in the Land and Environment Court and on appeal to the Court of Appeal) have been dismissed. For those local councils affected by an amalgamation, an Administrator and Interim General Manager have been appointed to govern the affairs of each new entity until the local government elections, which are now scheduled for 9 September 2017. Council that are not affected by an amalgamation proposal will have their elections in September 2016. .

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