De-amalgamation of amalgamated areas
218CD De-amalgamation of amalgamated areas
An amalgamated council may, in accordance with this section and Schedule 10, give the Minister—
a written business case (the business case) setting out—
a proposal for the de-amalgamation of the amalgamated area by reconstituting the former areas, and
the reasons in support of the proposal, and
other information specified in Schedule 10, clause 3, and
a request that the Minister approve the holding of a de-amalgamation constitutional referendum about the proposal.
The Minister must refer the business case for examination and report to the Boundaries Commission.
Note—
Under section 263(2), the Boundaries Commission may, for the purpose of exercising its functions, hold an inquiry if the Minister approves, and must hold an inquiry if the Minister directs, but may not otherwise hold an inquiry.
Without limiting subsection (2) or section 263, the Boundaries Commission may recommend in its report that—
the de-amalgamation proposal be supported, or
the de-amalgamation proposal be rejected, or
a different de-amalgamation proposal be supported.
The Minister must ensure that the Boundaries Commission’s report is publicly released within 48 hours after it is provided to the Minister.
The Minister must, after the Boundaries Commission’s report is given to the Minister, give a written response to the amalgamated council setting out whether or not the Minister approves the holding of a referendum about—
the de-amalgamation proposal, or
a different de-amalgamation proposal recommended by the Boundaries Commission.
The Minister must consult with the following—
the Electoral Commissioner, before approving the holding of a referendum,
the amalgamated council, before making a decision about the holding of a referendum if the Boundaries Commission in its report has recommended that a different de-amalgamation proposal be supported.
An amalgamated council must not hold a referendum of any kind about a de-amalgamation proposal unless the Minister has approved the holding of a referendum under subsection (5).
If a de-amalgamation proposal—
is supported in a referendum by the votes of a majority of the total number of enrolled electors of the amalgamated area as at the closing date (the required majority), the Minister may, at the Minister’s discretion, make recommendations to the Governor for proclamations under Division 1 to give effect to the de-amalgamation proposal, or
Note—
See Chapter 10, Part 1 and Chapter 10, Part 6, Division 2 about enrolment of electors for elections, council polls and constitutional referendums.
is not supported in a referendum by the required majority, no further action on the business case given to the Minister may be undertaken.
Nothing in subsection (8) prevents a person who is entitled to be enrolled as an elector under section 266 from voting in accordance with the Act and regulations.
Schedule 10 has effect.
In this section—
amalgamated area means an area constituted by the amalgamation of areas (former areas) by a proclamation under Chapter 9, Part 1.
amalgamated council means the council of an amalgamated area constituted by section 219 after a proclamation under Chapter 9, Part 1.
closing date means the date prescribed by the regulations for the closing of the roll of non-resident owners of rateable land and the roll of occupiers and ratepaying lessees for a referendum.
de-amalgamation constitutional referendum or referendum means a referendum held for the purposes of this section to determine whether the majority of the enrolled electors of an amalgamated area support a de-amalgamation proposal.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
- Local Government (Armidale and Inverell—Alteration of Boundaries) Proclamation 2019 · Regulation
- Local Government (Bayside) Proclamation 2016 · Regulation
- Local Government (City of Parramatta and Cumberland) Proclamation 2016 · Regulation
5 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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