OBERON’S last stand against a proposed council merger with Bathurst will get underway today in the Land and Environment Court.
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Walcha, Oberon and Cabonne councils have united in a legal challenge against the NSW Government’s controversial forced mergers based around the claim that the Minister for Local Government Paul Toole misused Sections 218F of the Local Government Act to implement the amalgamations.
They are also challenging the subsequent Boundaries Commission process which they say was procedurally inadequate and unfair.
Boundaries Commission delegate Renata Brooks has recommended a merger between Bathurst and Oberon go ahead, saying it would likely have a positive impact on services and facilities across the region.
The merger has been bitterly opposed by Oberon, but Mr Toole has made it clear he intends to push ahead with the amalgamation if the court finds in his favour.
Sydney barrister Peter King is acting for the united rural council challenge on a pro bono basis.
Oberon mayor Kathy Sajowitz said, as a result, legal costs for each council will be minimal.
The action was filed in the Land and Environment Court on Monday, April 18.
The hearing will get underway today and is set to continue tomorrow.
In a message to their communities, Cr Sajowitz, Walcha mayor Janelle Archdale, and Cabonne mayor Ian Gosper said the three united councils were of the view they were left with few options.
“The concerns of our communities are neither being heard nor acknowledged. To be treated with such disdain by our elected representatives is demeaning,” they said.
In a further act of defiance, no Oberon councillor submitted an expression of interest in playing a role on any interim body when interest was sought earlier this year.
“After opposing forced amalgamations so vehemently over the past year, in all conscience to now completely reverse our position and sign a document committing to, among other things, ‘ensuring the success of a newly merged entity and to work collaboratively with government to implement same’ would be hypocritical as well as morally and ethically reprehensible,” Cr Sajowitz said at the time.
In contrast, all but one Bathurst councillor indicated they would be willing to represent their community between any merger and next year’s local government elections.
Cr Sajowitz has also told the Oberon community she was dismayed by the flippant comments on social media regarding what a newly merged Bathurst and Oberon council should be called.
“As yet, no decision has been made in relation to the proposed merger. The attitude of some that this is a done deal is disrespectful at the very least,” she said.
“Off-the-cuff comments merely add to the speculation that the outcome of the proposed merger is already thought to be known by some, despite the legal challenge.”