HAWKESBURY Council is at the mercy of Local Government Minister Paul Toole’s whim, after the state government beat a legal challenge to stop the amalgamation of Woollahra, Waverley and Randwick councils last week.
The case, which could have ramifications for the Hawkesbury, was thrown out of the Land and Environment Court, and Woollahra Council was ordered to pay the state government’s costs.
Woollahra challenged the government’s decision to amalgamate it, a move Hawkesbury was planning to do right up until the state government announced it has withdrawn plans to merge Hawkesbury with The Hills Shire Council in May.
Hawkesbury Councillor Leigh Williams said he feared the state government, emboldened by its win, could now turn around and amalgamate the Hawkesbury.
“There is always that concern because they do have ultimate power over us, because we don't have recognition as a separate entity legally,” he said.
“The state government could try it on us again.
“As long as we keep doing what we need to to remain fit for the future, we then have a similar argument to how we won it last time, which is, ‘we are doing what you told us to do and you can't now turn around and tell us it was wrong’.”
While the Hawkesbury was allowed to stand alone by the state government, a report assessing the Hawkesbury-Hills merger noted a three-way split of Hawkesbury Council was an option which could have more merit.
Hawkesbury Mayor Kim Ford said Council’s legal challenge was along different lines to Woollahra’s challenge, and became unnecessary, when amalgamation was taken off the table.
“We looked into legal advice [about a challenge], but we didn't need to go ahead,’ he said.
After Woollahra lost, the Premier Mike Baird accused them of wasting rate payer money.
Cr Ford said he disagreed with Mr Baird’s notion about wasting rate payer money.
“Mike Baird says it is a waste of rate payer's money, but then the state government spent millions of dollars advertising the benefits of amalgamations and telling us how bad the current system is,” he said.
“In reality the only changes they have made to the local government act is giving mayors two year terms and other changes around governance and reporting.”
