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Constitutional Puffery: The ‘Protection’ of Sydney Water in the NSW Constitution

Dane Luo

NSW Premier Chris Minns went to the 2023 state election promising to ‘change the constitution of NSW to protect Sydney Water and Hunter Water from privatisation!’ A change to the constitution, according to Minns, would put ‘a lock to make sure future governments don’t sell [Sydney Water and Hunter Water] off’. After the election, Minns’ government introduced legislation to amend the state’s constitution, explaining that it ‘effectively put a sphere of protection around both entities, preventing privatisation, preventing unreasonable price spikes and ensuring these essential assets will always belong to the people of NSW.’ But does the Constitution Amendment (Sydney Water and Hunter Water) Act 2023 (NSW) (the Amendment Act) actually ‘lock’ or ‘protect’ the State’s water infrastructure as Minns claims?

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