Friends of Newcastle Ocean Baths has accused Newcastle council of "dawdling" on state heritage-listing the coastal asset.
The Herald reported on July 24 two Newcastle councillors had lodged a notice of motion to apply for the baths to be heritage-listed, and for the stage two pavilion works to be delayed until that happens.
City of Newcastle responded warning the application was "likely to involve considerable time" and the delay "places the pavilion and especially its facade, at significant risk of critical deterioration".
Friends of Newcastle Ocean Baths spokesperson Tony Brown said the group expected the nomination would have been "expedited" after Newcastle lord mayor Nuatali Nelmes indicated in 2021 she would seek state heritage protection.
Cr Nelmes wrote to the then-special minister of state Don Harwin seeking his assistance with heritage-listing the baths in November 2021.
A Heritage NSW spokesperson told the Herald at the time it would prepare a response to "encourage the lord mayor to submit a formal nomination so it may be considered by the Heritage Council of NSW".
A council director's report this week said the lord mayor wrote to the NSW government in its role as the landowner to commence the heritage nomination process.
Mr Brown said it was not an essential requirement for the council to obtain consent from the land owner to make the heritage protection application.
"The fact is, whilst council rapidly supported state heritage protection for a church in Mayfield despite the owner's wishes, council has failed to make any concrete steps to attain the same protection for the pavilion," he said.
"Since the baths' northern pavilion was propped by scaffolding in 2007, council has apparently done nothing tangible to stop the ongoing deterioration of the pavilion including from storm surges and corrosion."