[no bill text published] NSW Restrictions on Asset Sales and Planning for Councils Undergoing De-Amalgamation Plebiscites

Local Government Amendment (De-amalgamation Plebiscites) Bill 2023

Private Member's Bill

Legislative Council

Legislative Assembly

Assent

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Introduced by: Amanda Cohn MLC (GRN)

Effects of this bill

If this bill passes, it means that:

The Local Government Minister must start a plebiscite within 28 days of receiving a valid petition from 10% of electors in a former area.
The Department Secretary must set a plebiscite date; they must also publish and mail a case for and against the de-amalgamation.
Councils in the plebiscite area cannot sell assets or change local environmental plans until the result is known or de-amalgamation happens.
The Local Government Minister must recommend a proclamation to the Governor to end the amalgamation if more than 50% of electors vote for it.
New council boundaries must reflect the former areas involved in the proposal.
The Local Government Minister can postpone council elections to allow time for the plebiscite and any resulting de-amalgamation.
The Local Government Minister can dissolve a council area for de-amalgamation without holding a public inquiry.

The Debate

What different members said when this bill was debated:

Tara Moriarty ALP

“I lead for the Government in debate on the Local Government Amendment (De-amalgamation Plebiscites) Bill 2023. The Government opposes the bill, which lacks a clear and transparent process.”

Official source →

Natasha Maclaren-Jones LIB

“On behalf of the Opposition and the shadow Minister for Local Government, I oppose the Local Government Amendment (De-amalgamation Plebiscites) Bill 2023. The bill proposes to amend the Local Government Act 1993, aiming to establish a process for conducting plebiscites to decide on the de‑amalgamation of amalgamated local government areas.”

Official source →

Emma Hurst AJP

“I speak in support of the Local Government Amendment (De‑amalgamation Plebiscites) Bill 2023 and commend Dr Amanda Cohn for her work to uphold representative local government. The proposed reforms are sensible and important and will ensure that any decision to merge or demerge a council has the support of local residents. Communities suffer when decisions are forced upon them.”

Official source →

Abigail Boyd GRN

“I support the outstanding work of my colleague Dr Amanda Cohn, who has brought the Government kicking and screaming to finally do something about the de‑amalgamation of local councils by introducing the Local Government Amendment (De‑amalgamation Plebiscites) Bill 2023.”

Official source →

Amanda Cohn GRN

“It has taken seven years of tireless advocacy by volunteers in impacted communities to get to this point where everybody agrees that forced amalgamations have been harmful and we are debating the different mechanisms for de-amalgamation. The process suggested by The Greens puts the community first.”

Official source →

News articles and press releases

Local Government Amendment (De-amalgamation Plebiscites) Bill 2023

Dr AMANDA COHN — 2023-11-22

The bill seeks to do two things. Firstly, it seeks to provide a clear pathway for councils already undertaking to de-amalgamate through the boundaries commission by removing the legislative roadblocks that the Minister has stated are thwarting his intention to demerge Cootamundra-Gundagai Regional Council. Secondly, it seeks to empower communities with a direct voice for de-amalgamation through a plebiscite process.