Albury Council has hit a legislative hurdle in a bid to overturn the Gold Cup half-day holiday which is set to put further strain on businesses coping with the coronavirus pandemic.
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"The NSW Government has confirmed the half-day public holiday on Friday will proceed as gazetted, despite the decision to run the Albury Gold Cup without crowds in attendance," a council statement said.
"Albury Council has been advised that the Public Holidays Act 2010 (NSW) requires that declarations be published at least seven days prior to the public holiday.
"In this case, as there is not a period of seven days available until the public holiday for the Gold Cup there is no legislative capacity to rescind the public holiday declaration previously declared."
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Albury Racing Club confirmed last Friday the meeting would be closed to the public in response to tighter controls being placed on mass gatherings of more than 500 people.
Australian Industry Group regional manager Tim Farrah had called on council to do everything in its power to revoke the half-day holiday, but has conceded the cause was an unwinnable one.
The advice he received late on Monday states the relevant minister "may by order published on the NSW legislation website cancel a public holiday declared this section. The order must be published at least seven days before the public holiday".
Member for Albury Justin Clancy also expressed regret for businesses.