Kogarah MP Chris Minns says current Georges River councillors should not decide on the Carss Park Pool issue until a new council is sworn in after the September elections.
The 2020 council elections were delayed and this council's term extended by a year due to COVID-19.
Mr Minns believes the current council should operate in 'caretaker mode'.
"They should leave the decision on the future of Carss Park Pool and Todd Park to the properly and democratically elected council that will take office in September," he said.
"Georges River Council should refrain from making controversial decisions and act as if it was in 'caretaker' mode. The local government rules state that a council must not determine any development with 25 or more objectors during a 'caretaker period'.
"So this Council has no moral authority to decide the future of Carss Park Pool or Todd Park when 10,000 people have signed a petition and 2,000 have signed a pledge opposing what is proposed for both sites."
Mr Minns said some councillors do not want to wait until the people have had their say at an election.
"Fortunately, our right to vote will return this September and the future of Carss Park Pool and Todd Park will be the biggest election issues," he said.
READ MORE: Read Chris Minns' full opinion article here.
A spokesperson for the Georges River Council said it had to manage the site's risks.
"Since mid-2018, the council has been provided with advice from the EPA, solicitors, Queen's counsel, and its insurer," the spokesperson said.
"That advice is about the council's and councillor's liability arising from a failure to act to demolish the Kogarah War Memorial Pool and its associated facilities in circumstances where the council is aware that the pool site poses a high risk to the community and the environment."
The spokesperson also said there were inaccuracies in Mr Minns' claims.
"Councillors have not been serving for five years - they will have completed less than 48 months of service when the 2021 elections occur," the spokesperson said.
The council spokesperson said it currently does not have to act in caretaker mode.
"Legislation provides that the council is not in caretaker mode until 28 days from the election," the spokesperson said.
"Until then, the council can make decisions on the pool. Even in caretaker mode, the council can still make decisions about the pool as only certain limits are placed on a council's functions during this period.
"As far as councils not 'determining developments' with more than 25 objectors. This is an old reference to when councillors actually had the legal power to determine development applications - they don't have the legal power to determine development applications now. That is done by an independent local or regional planning panel."
Local government election day is Saturday, September 4, after which a new Georges River Council will be sworn in.
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Craig Thomson
I am a media and communications professional with experience across print, digital, social and radio broadcasts. I am currently the Editor of Australian Community Media's Launceston Examiner.
I am a media and communications professional with experience across print, digital, social and radio broadcasts. I am currently the Editor of Australian Community Media's Launceston Examiner.
