131028-g h schorel-hlavka o.w.b. to premier napthine re fire-water-taxes-etc.pdf

7/27/2019 131028-G H Schorel-Hlavka O.W.B. to Premier Napthine Re FIRE-WATER-TAXES-etc.pdf

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Page 1 28-10-2013 Re FIRE-WATER-TAXES-etc G. H. Schorel-Hlavka O.W.B.INDEPENDENT Consultant (Constitutionalist)

INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD

A 1st

edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, by fax0011-61-3-94577209 or E-mail [email protected] See also www.schorel-hlavka.com

WITHOUT PREJUDICE

Premier Denis Napthine 28-10-2013Email:[email protected],

5Cc: Schorel-Hlavka to Buloke Shire Council care of Wayne Wall Ref250200504

[email protected]: 130128-G H Schorel-Hlavka O.W.B. to Premier Napthine Re

FIRE-WATER-TAXES-etc10

A MANISFESTO OF CIVIL, POLITICAL AND OTHER CONSTIITUTIONAL/LEGAL RIGHTS

Sir,

I urge you to so to say get of your backside, and attend urgently to serious matters before thecoroner may have to deal with it.

15During my trip to Berriwillock on 2 October 2013 and subsequently back to Melbourne on 3October 2013, I made numerous photos showing the height of the weed on the side of the Calder

Highway to be generally between 1 metre and 1.5 metres high. I had contemplated to stay longerat Berriwillock but fell violently ill, and still I am, and so had to cut short my stay, albeit havingmowed the property with my ride-on mower.20As my quotations (below) about my correspondence 130829-Schorel-Hlavka to Buloke Shire

Council care of Wayne Wall indicates there are major problems in that the shire in my view isflexing its muscles against landowners but itself fails to exercise DUE CARE, and failing in itsduties ofDUE CARE. At some places the white posts that are along the highway were dwarfed

by the weed growing around them. Other then in one small township where some weed was25clearly slashed along Calder Highway for at least more than 90 kilometres between Charlton andBerriwillock there was no other signs along the Calder Highway that this had been done byBuloke Shire Council. What appears to me to be is that Buloke Shire Council is using the abilityto fine landholders about $1,400.00+ by way of an infringement notice not for the sake ofavoiding fire danger but rather as some kind of taxation to get cash to shore up its finances rather30than to deal with the fire issues at hand. I noticed that my neighbour Mr Jack Prior already hadhis land cleared from high weed, only it to be on 2 October 20123 to be well above the maximum

permissible. As such, rather than reducing the fire danger Buloke Shire Council seems to use the

ability to issue infringement notices for no other purpose as to menace ratepayers, and by itrather add to the fire danger. With farmers still having to slash their crop it seems to me not to35make any sense to demand slashing of weed, as it doesnt reduce fire danger, at that time.If the State government had any purpose for providing the ability to fine landholders about

$1,400.00+ by way of an infringement notice then this must be understood to have been to

enable shire councils to pursue the slashing of weed when appropriate, to avoid undue dangersto lives and properties. Then the shire yet again failing itself to observe this and needlessly40

placing the lives of travellers as well as residents in danger must be deplored.

In my view, the state government must revise the current system to ensure that the real

culprit, the shire council itself is held accountable, and if there is any loss of life then

councillors and the CEO are held personally liable and may face terms of imprisonment.
mailto:[email protected]:[email protected]:[email protected]:[email protected]


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QUOTE 130128-G H Schorel-Hlavka O.W.B. to Premier TED BAILLIEU Re FIRE-WATER-TAXES-etc

I will later on also refer to my country property neighbourMr Ian White, who I understand is a son, brother,uncle, husband, father, grandfather, property owner, captain of Berriwillock fire brigade, V/Line bus driverand in general terms a pillar to the local community. Let us look at what the constitution provides for and5then return to Mr Ian Wights position.

END QUOTE 130128-G H Schorel-Hlavka O.W.B. to Premier TED BAILLIEU Re FIRE-WATER-TAXES-etc


There ought to be no question about it that todays Australia so to say was resulting from the back of the10 sheep. It was the farmers, the growers and those residing in the county who were ensuring that prosperity ofAustralia succeeded. Yet, in todays age we seem to disregard their rights in general. We do not have aGovernment for all people but just a government seeking to appeal to those it can expect to vote for it to get

back into Government at the cost of many Victorians rights, in particular those residing in small towns, etc..15We had this gigantic dispute about the north-south pipeline from the Murray to Melbourne which at all costsomehow had to be build disregarding the rights of property holders. It was so essential that people protestingabout the violation of their rights were even imprisoned. Yet, now that it was build and badly needed it is notused at all. The reason being that it is not needed for the purpose of transporting water from the Murray toMelbourne but needed for the reverse that is to bring drink water to the county, the farmers, the growers and20those residing there in the numerous small towns. We had a desalination plant build at a tremendous hugefinancial cost and have it now dormant as allegedly not being needed, that is for Melbourne, but reality is that

it is needed but for those in the country areas.Yes, while Mr Ian White can be fighting fires with his crew and each time places his life on the line doing so,he cannot even get a single drop of drink water from his water supplied by GWMWater as its bills shows:25

Untreated water supply not suitable for drinking or food preparations withoutfurther treatment

(The red colour is on the bill in black)

While I was in the country I noticed that despite receiving every quarter a bill for more than $90.00 for water30services the bill actually discloses:

Untreated water supply not suitable for drinking or food preparations withoutfurther treatment

So, without using a single drop of water I am charged more (on a quarterly basis that is) than a carregistration, or even my council rates!35

So any new born baby/toddler needing to be bathed in water cannot be done so using the water supply byGWMWater, as is! What on earth is this corporation for if it cannot even manage to provide for the basicneeds of human consumption? Why do we have a government if it cannot even manage a basic, indeedessential need for human consumption? We have aborted ministerial responsibility for so called better service40

by private corporations? Where is the National Party (the former Country Party) where it cannot bother tolook after those voting for it?The following will also make clear that the Framers of the Constitution intended to have CIVIL RIGHTS

and LIBERTIES principles embedded in the Constitution;HANSARD 17-3-1898Constitution Convention Debates45QUOTEMr. CLARK.-

for the protection of certain fundamental rights and liberties which every individual citizen isentitled to claim that the federal government shall take under its protection and secure to him.

END QUOTE.50HANSARD18-2-1898 Constitution Convention Debates

QUOTE Mr. ISAACS.-

The right of a citizen of this great country, protected by the implied guarantees of itsConstitution,

END QUOTE55


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For sure, the water issue was ongoing on the mind of the Framers of the Constitution and they held that aperson owns the water that falls on his land but when it leaves then it belongs to anyone. So, what areGWMWater and other such corporations doing to charge not just myself but people like Mr Ian Wright forwater services when not a drop of drink water is provided?Most people may not be aware of it but general charges by water corporations include the upkeep of zoos5and parks. So, we are more concerned that some people are able to go to a zoo then to provide drink water tofellow Victorians? Well, it seems to me at least the Victorian Government has this mentality.Premier Business Card

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QUOTE 130128-G H Schorel-Hlavka O.W.B. to Premier TED BAILLIEU Re FIRE-WATER-TAXES-etc15

DISDSABILITY ISSUES


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As I raised above Mr Ian Wight, a pillar in the Berriwillock community, and others like him wherever theyreside within Victoria, we find however that if this man if not is killed doing his service to the community asa fire-fighter but becomes disabled then the very V/Lin e bus he is now driving may not be able to transporthim, if he is wheelchair bound, because while in the City of Melbourne roads are partly closed off to enablewheelchairs to enter a tram, etc, no such like manner service is provided for the disabled to enter a V/Line5

bus in country towns. An utter disgrace I view. What cost is there really to pore a bit of concrete, to makesure that the disabled can also access V/Line busses? Wasnt it that when trains were replaced with V/Line

busses it was claimed no diminishing of service would occur? Well, for the disabled it surely is. and, even ifthey can manage (being not wheelchair bound) to enter a V/Line Bus then the bus time table is such that for a

disabled person requiring toilet facilities art more time than an ordinary person then the V/Line bus is limited10 in time. Indeed, how many disabled toilet facilities exist at V/Line bus stops?

And while on the disabled issue people do not seem to realise that where a wheelchair needs to be unloaded

from the side a mere rubbish bin may be too much and prevent such unloading. Hence I designed signsfor this:15


130829-Schorel-Hlavka to Buloke Shire Council care of Wayne Wall

WITHOUT PREJUDICE20Buloke Shire council

C/o Wayne Wall

C/o [email protected]

Re: Fire danger etcSir,25

thank you for your correspondence dated 20 August 2013, received on 28 August 2013.I noticed that the correspondence refers to Every landowner in the Shire has a responsibility to minimise the threat

to life and property from fire. Indeed, Buloke Shire appears to be very much an offender, at least from my trip inDecember 2012 where I made numerous pictures to record high grass at the side of roads, such as Calder Highway.Hence, I made up a banner, of which I forwarded a copy to the then Premier of Victoria Mr Ted Baillieu. I will30quote from it a relevant part.


FIRE DANGERS

When I drove recently to my country property in Berriwillock, towing a trailer with a ride-on mower, it wasnoticeable that rest stops are far and few in-between the 370 kilometres. Ample of signage telling you to take35a power nap, but where?

Mr Ian Wight as the V/Line bus driver may himself be well aware of, the fires that were along the CalderHighway where motorist pulled over in the high grass and the heat of the motor vehicle caused a grass fire,on either side of the road.The Parliament seemed to have introduced that municipal/shire councils can fine landholders about $1,408.0040for failing to keep weed/grass below a certain height, but what is remarkable is that while my property

boundary fence is some 7 meters from the bitumen road, you find along Calder Highway the shire itselffailing sufficient clearance. At some placed it was about 1 1/2 metre high. Indeed in Loddon Shire there wasover long distances no attempt to have it cut down.So here we have the shire so to say terrorising ratepayers about keeping weed/grass down while it is the45greatest offender but somehow that is alright if it causes the loss of lives. How on earth can this be justified, Iask? Fire-fighters like Mr Ian Wight should not have to place their lives at risk because Shires are ignorant tothe dangers of fire while seeking to issue Infringement Notices to rate payers purporting to act rightfully. Inmy view it should be the local fire captain who should be paid to do inspections, and then be able to take to


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task the Shire if it fails to keep weed/grass along the highways under control. You cannot have a Shire beingboth judge/jury and executor. We must never allow fire-fighters to be unduly placed in harms way because ashire cannot bother to keep itself on top of any fire dangers. All the shire seems to be doing is to be on the

back of ratepayers while it basically disregarding the real dangers. For the record I made numerous photos ofthe high weed/grass along the highway.5

Proposed Road signage:

END QUOTE 130128-G H Schorel-Hlavka O.W.B. to Premier TED BAILLIEU Re FIRE-WATER-TAXES-etc10Again, as there appears to be a lack of spaces to pull over, drivers unaware of the fire danger of their exhaust whendriving into the grass shoulder of a highway, that can cause and indeed does create at times fires. more then 20 yearsago, during the night, I noticed near Ultima a fire, and called the fire brigade and then about 2 days later (on my way

back) noticed at the same spot the fire starting up again, apparently from a tree that still had been smouldering, andso called the fire brigade again to the spot.15

I also reported fire matters at the time at other locations and very much concerned about the risk of people losingtheir lives, besides property damage. However, we must also have a responsible council that will itself act

appropriately and not be the greatest offender, as well as it must act in a reasonable manner. I noticed that thecorrespondence states:20QUOTE 20-8-2013 CORRESPONDENCE

Buloke Shire is preparing again for the coming fire season and will be starting property inspections in townsacross the Shire in early September.

END QUOTE 20-8-2013 CORRESPONDENCE25

Early September could be even on 1 September 2013, and I view this hardly is a reasonable time for notification. Itmay not be done on 1 September 2013, but that is not for me to know.Hence, we have to consider the following also:QUOTE 20-8-2013 CORRESPONDENCE

Given the wet weather experienced over the winter months the spring growing season is likely to be vigorous30so you will need to keep an eye on your property to ensure that it is maintained in a safe condition.


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END QUOTE 20-8-2013 CORRESPONDENCE

It appears to me that this is not some incident that arose suddenly in the last few days, rather that someone justhappen to decide to now bring the inspections forwards, as I understand this used to be in October, and hence mademy wife aware that in October I would have to go to Berriwillock for the preparation of the fire season, and as such5any medical appointments she needs to have must be before October..

In my view, this rain wasnt just coming now, but was obviously happening for som e months and as such one has toask why on earth no earlier warning but leave it with no more but the coming weekend at the very least in timenotification. Surely, if Buloke Shire was sincere about fire danger it would work with landowners as to ensure they10

had ample of time of notification..

While councillors may spend their monies, being that of ratepayers as if there is no tomorrow, such as adverting forthe Yes referendum that didnt proceed, It would in my view be more responsible if councillors were to consider thatany genuine attempt to prepare for a fire season must be in a progressive manner and not so to say backstabbing as15to get some fine for landholders due to insufficient lack of time.There are many people who as I am retired and need to budget for expenses, and so well aware in advance that aOctober trip had to be financed. Again, councillors may use rate payers monies but I do not have this luxury andneed to budget for it. As such, having to pay rates in September, I worked upon the basis that with expected fireinspections in October, then I would be travelling to Berriwillock in early October as to avoid a fire notice being20issued. For this, I seek that any inspection is done, if needed to be done in September, as late as possible inSeptember, so that my planned travel to Berriwillock in early October can still be catered for.

Lets be clear about it, I purchased the ride on mower and only use it for Berriwillock, and so in that regard have the

ride on mower available when I can travel.25

As for the Shire it self failing to keep road side overgrow down, I view that the councillors should be personally heldaccountable, and not rate payers having to fork out the fines. After all, if councillors can justify property owners to

be fined then they as councillors should be equal under the law. After all the law must be applied to all and not giveShires an exemption where in fact roadside fires are more common along highways. 30

QUOTE 20-8-2013 CORRESPONDENCE

Fines prescribed by the Victorian Government set the penalty for failure to comply with the notice at 10penalty units which is a minimum fine of $1,443.60(The current value of a penalty unit is $144.36) Councilhas no discretion to vary this penalty and. if it requires to refer the matter to a Magistrates Court, a Magistrate35can impose a penalty up to 120 penalty units for imprisonment or both.)

END QUOTE 20-8-2013 CORRESPONDENCE

Again, we need to act reasonable and responsible and neither expect that a landowner has to make an additional tripbecause of the fire danger not existing in September and then any grass/weed may still grow afterwards. The issue is40to leave matters to the latest when there is a possible fire danger and not have it in say the midst of the rain seasonfor no more but to try to be difficult whereas the Shire itself as I indicated failed to comply with slashingappropriately.If the risk to lives and property is a real issue and not some pretended issue then I expect the fullest corporation.After all I highlighted in the past that the shire having done away with its own services of slashing grass/weed shows45an ignorance to lives and safety. Who needs a council if it is not willing to represent all rate payers in the rightfulmanner.

Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)50

MAY JUSTICE ALWAYS PREVAIL(Our name is our motto!)

END QUOTE 130829-Schorel-Hlavka to Buloke Shire Council care of Wayne Wall55

As I also pointed out in my correspondence 130128-G H Schorel-Hlavka O.W.B. to Premier

TED BAILLIEU Re FIRE-WATER-TAXES-etc the issue of Infringement Notices itself is

unconstitutional, and likewise so the police stopping motorist for no other purpose but for theSheriffs Office (a glorified debt collector) to check drivers as to warrants, etc, even so recentlythe Magistrates Court of Victoria held such conduct of stopping motorist for purposes not60

provided for in the legislation to be unlawful, as I all along claimed to be in view of numerous


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U.S.A. court decisions about the same. In particular those residing in country areas where adriver license and a motor vehicle is critical to movement of people as well as produces and lifestock, I urge you to stop this rot and to ensure that as the election was about LAW ANDORDER we actually can finally obtain this for people residing in country areas. Can we findthat instead of in the next State election to go on with the usual mantra of health, Education,5etc. you actually do something now about the issues at hand?

I stood in elections since 1996 as an INDEPENDENT candidate but decided this year no longer

to do so, and as such this is not some writing about preparing for a State election! But, perhapsthose living in country areas may nevertheless give major political parties the flick, as obviously10other than its usual repetitive mantra is does nothing to ensure that people in the country even getaccess to drink water through their water taps at home, then this may also underline the lack ofany sincere consideration to their plights.The irony is that while I stood for federal and state elections while residing in Berriwillock, I wasnever elected, likely because somehow people didnt seem to hold I could achieve something for15them, and rather were voting for those representing the National Party, even so it did nothing toresolve numerous issues at hand. In the end, as a CONSTITUTIONALIST I exposed how forexample State land taxes and Council rates (a delegated taxation powers by the States accordingto the 1904 High Court of Australia decision in Sydney Counci l v Commonwealth) since 11

November 1910 became unconstitutional, this as then the land tax office was created by the20Commonwealth. Well I gave them an opportunity to then vote for me, and they didnt vote me in,and now so to say are paying dearly for it. Perhaps they wake up, one day, how their political

parties are swindling them? Time will tell!

Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Friends call me Gerrit)25

MAY JUSTICE ALWAYS PREVAIL

(Our name is our motto!)

131028-g h schorel-hlavka o.w.b. to premier napthine re fire-water-taxes-etc.pdf

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