UNHAPPY with the proposed Newcastle council amalgamation, Port Stephens Council could take legal action to ensure its counter-proposal, to merge with Dungog, is properly considered.
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Port Stephens Councillors will vote on the proposed legal action against the Office of Local Government – expected to cost $50,000 - on Monday night.
Nearly three months ago, Port Stephens Council asked the Minister for Local Government Paul Toole to refer its Dungog merger proposal to the Boundaries Commission for review. Mr Toole in turn referred it to the acting CEO for the Office of Local Government who was expected to investigate the proposal and make a report to the Boundaries Commission, as required under the Local Government Act 1993.
Port Stephens Council has since made numerous requests for written confirmation that investigations have progressed, without reply.
“The matter is urgent,” the council’s general manager Wayne Wallis said in his report to councillors.
“Should the Minister recommend to the Governor, and the Governor then proclaims the amalgamation of Newcastle City Council and Port Stephens Council, there will be no opportunity to seek to have the Port Stephens proposal considered, as Port Stephens Council will have ceased to exist on the date of the proclamation.”
Similarly, the Dungog option will be extinguished if Mr Toole announces a Maitland-Dungog merger, or Dungog-Gloucester amalgamation.
“Despite council's written request to the Minister that he not make any of the above recommendations prior to the Port Stephens and Dungog Shire Councils merger proposal, the Minister has declined to provide any assurance,” Mr Wallis said.
The council’s executive office notified councillors on Thursday afternoon there would be an extraordinary meeting to vote on the legal action Monday night. The agenda, that included Mr Wallis’ report, was posted to the council website on Friday morning.
Mr Wallis defended the potential legal cost in the report.
“A proposed merger between Port Stephens Council and Dungog Shire Council provides the Minister with a viable and more cost effective alternative to a merger of this council with Newcastle City Council,” he said.
Action would either be taken in the NSW Supreme Court or NSW Local Environment Court.
