By Paul Hemsley

The NSW Government passed a law prohibiting a person holding dual roles in state and local government, which will stop Mayor of Sydney, Clover Moore from holding the office of Lord Mayor of Sydney and NSW Member of Parliament.

Ms Moore's position will not be the only one affected as the legislation will extend to 29 other councillors from 24 councils currently holding elected positions in the NSW Parliament since last year's state election.

Ms Moore said the plan was “undemocratic” to outlaw people serving as both councilor and MP and “shows the lengths" to which the state government will go.

"I am committed to providing continued progressive city government, particluarly to implement the environmental initiatives embodied in Sustainable Sydney 2030, including completion of the cycleway network," Ms Moore said.

The Local Government and Shires Association of NSW (LGSA) said that it is "up to the community, not the Minister to decide if they wish their mayor or councillor also to be a Member of the Parliament of NSW".

"While the Associations accept the roles of a councillor and Member of Parliament are both demanding roles, there is plenty of evidence that is entirely practical for a person to effectively perform both roles," an LGSA submission on dual roles said.

According to the Parliament of NSW, the Local Government Amendment (Members of Parliament) Bill 2012 will amend the Local Government Act 1993 to prohibit a person holding the dual roles of a member of the Parliament of NSW and a councillor or mayor of a council.

The bill will allow a current MP who is also a councillor or mayor, or a council or mayor who is elected as an MP in the future to continue to hold the office of councillor or mayor until the next ordinary election of councils for a period of two years.

It also allows an MP to nominate for and be elected as a councillor or mayor without first resigning from Parliament.

“If elected, the person will need to resign from Parliament before the first meeting of the council after the election,” according to the Parliament of NSW.