NSW Labor鈥檚 new deamalgamation law fails local communities

May 10, 2024
Issue 
A meet the candidates at Leichhardt Town Hall in March 2023 where candidates were quizzed on their views on deamalgamation. Photo: Peter Boyle

NSW Labor passed amendments to the on May 9 which give the Minister for Local Government the ultimate say over whether councils can demerge or not.

Despite its pre-election promise to communities, Labor聽鈥 with the support of the Liberal-National Opposition聽鈥 has shifted power away from communities.

Brian Halstead, from NSW Demerge Alliance, said: 鈥淟abor MPs spoke at length about how forced council amalgamations had failed communities, especially those from small councils which had been swallowed up, but then rammed through amendments which centralise power with the minister.

鈥淭his is one hell of an about-turn from before the 2023 election, and communities will not forget Labor abandoning them.鈥

Halstead said an example of Labor鈥檚 scornful attitude was its removal of government liability to fully fund any demerger.

鈥淥nly because it needed the Opposition to get its bill passed did Labor accept the Liberals鈥 amendment of a cost聽contribution in the form of a聽grant, capped at $5 million with loans above that amount.

鈥淭his will help regional councils, but may not cover all expenses, thereby shifting the costs of a failed policy back onto residents 鈥 who mostly didn鈥檛 want their council amalgamated in the first place.鈥

Dr Amanda Cohn said the new demerger provisions fail to restore local democracy to allow communities to instigate referendums to demerge.

Cohn, a former Deputy Mayor at Albury Council, criticised Ron Hoenig, Minister for Local Government, for claiming to value democracy but proposing a bill 鈥渢hat gives himself more power than councils and communities鈥.

颁辞丑苍鈥檚 , tabled in last November, would have enabled binding plebiscites on a demerger and clarified that the government would fund any deamalgamation.

She worked with community groups from Gurya in the north to Bombala in the south and in between, for more than a year, to develop the bill.

But Labor and the Opposition refused to support her democracy-enhancing bill, producing its own in February.

The Greens moved amendments to their own bill on May 8, aimed at resolving 鈥減roblems鈥 Labor had raised, but it and Opposition MPs rejected the bill regardless at 9pm.

The Greens also moved amendments to the government bill in the Legislative Council on May 9, which were opposed by both Labor and the Opposition.

These were to bind the Minister to act on the result of any de-amalgamation referendum (which Labor鈥檚 bill gives the Minister discretion not to do); and to ensure that residents can still petition for a de-amalgamation proposal 鈥 critical for smaller communities whose councils were amalgamated into larger councils, such as Pittwater, Guyra, Bombala and Urana.

Labor鈥檚 new bill means that even after a council goes through producing a business case, goes through the NSW Boundaries Commission process and has a referendum (Labor鈥檚 new amendments), the Minister has the power to veto all of that.

Halstead said Labor 鈥渨asted an opportunity鈥 to put the local back into council. 鈥淟abor stands exposed for saying and doing contradictory things: trust has been lost as we will no doubt see at the September 2024 local government elections.

Cohn said communities in Bombala, Canterbury Bankstown, Central Coast, Cootamundra-Gundagai, Guyra, Inner West, Pittwater, Hilltops and Tumbarumba have been 鈥渃ampaigning to restore local democracy for seven years and they will continue to campaign for council de-amalgamation and for local democracy to be restored鈥.

[Pip Hinman is an activist with the .]

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