131203-Schorel-Hlavka to Premier D. Mapthine & Buloke Shire Council -COMPLAINT

8/13/2019 131203-Schorel-Hlavka to Premier D. Mapthine & Buloke Shire Council -COMPLAINT

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p1 3-12-201\3 G. H. Schorel-Hlavka O.W.B.IndependentConsultant (Constitutionalist) to lawyers

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stedition limited special numbered book on Data DVDISBN 978-0-9803712-6-0

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WITHOUT PREJUDICE

Premier D. Napthine [email protected]

5Cc: Country Fire Authority

8 Lakeside Drive Burwood East 3215 [email protected]

Buloke Shire CouncilC/o Wayne Wall C/o [email protected]

Re: Fire danger etc10

COMPLAINTSir,

on 2 and 3 October 2013 I attended to my Berriwillock property assisted by my friend Ray forthe purpose of clearing the property of weeds, etc. Likewise we attended to the property Ray and15his partner Alice purchased elsewhere.

To my surprise I received nevertheless a fire notice dated 19 November 2013, which includes the

following:

20
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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Subsequently, after receiving this notice I contacted a friend of mine, a neighbour to the propertyand he wrote back to me that the wed/grass was about 3 inches high. As such well below the


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100 mm. Nevertheless on my request he attended to the property and reported back that theproperly is nice and clean.What however is to be considered is upon what legal basiscan Shire of Buloke demand I attendto the nature strip (regardless it was cut) as Anderson avenue Berriwillock in fact is ordinarylisted as the Birship-Berriwillock Highway, a major highway between 2 towns.5If the Shire can demand that I provide compulsory services as conscription for maintaining itsroads, then what else may follow from this?Under what delegated power, if any, of the State Government can any council apply forcedlabour upon a property owner regarding works to be carried out at his/her own expense on amajor arterial highway? As the nature strip is a part of the highway and not limited to the10

boundaries of a private property, then can I be expected to slash/mowe the weed/grass along theabout 30 odd kilometres on both side of the highway between Birship and Berriwillock, even sothe weed/grass is actually more likely to be the result of growing from seeds blown over fromfarming property and not at all from my residential housing block property.Further, this appears to be a generically created fire notice and not at all as result of a proper15inspection, this as the photos below shows I had slashed/mowed the week.In fact ever since I commenced the property in 1987 this year it was the lowest ever. I used tohave in years that the week was up to 1 metres high by the time the summer commenced,

whereas now it was generally about 20 centimetres high. A stark contrast and dispels and indeeddisproves the allegations by Buloke Shire Council about the fire danger and the growth of weed,20etc, because of rain. Indeed, when I arrived on 2 October 2013 I was amazed how low theweed/grass was on the property, after Buloke Shire Council having advanced their inspectionsallegedly because of increased fire danger.The question that should be asked (considering also the evidence of the photos reproduced

below) how many times in not only this year but also in previous years did Wayne Wall the25MUNICIPAL FIRE PREVENTION OFFICER issue any fire notice upon Buloke Shire itself?After all, as I have also reported in the past, including photos, the highway is littered with high

grass/weed along the Calder Highway within the Shire of Buloke and so any delegated authority,if any, by the Shire of Buloke on behalf of the State government must be as a model litigant (as

the fire notice is deemed a legal document) and so it must itself show compliance with its own30rules and regulations.

The question then is when is service deemed having eventuated? Was it when the document was35dated or posted or when it was, if ever at all, received in the mail?

Not everyone can respond within 7 days, as a person may be away for a week or so. And if thewas a delay in the mail (often postal articles may not be delivered for weeks if ever at all) thenwhen is service deemed to have eventuated, if ever at all?40


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Unlike previous years, this time a lot of the fire wood (that was kept for the open fire in thehouse) was now removed by the next door neighbour Mr Ian Wight, the local Captain ofBerriwillock fire brigade, as per previous arrangements as well as Ray did the clearing of underthe trees, etc.. As such, the notice appeared to have been send out not as result of an actual5inspection but merely generated as it appears to me, to a property owner irrespective if there wasany legal justification for this or not.To me this constitutes not only abuse of power but also a form of terrorism..As I indicated in the past Shire of Buloke clearly fails to maintain highways in a proper condition10to avoid a fire danger and as such cannot be trusted to exercise any alleged delegated powerswithin the Country Fir e Authority Act 1958.It appears to me that the Municipal Fire officer failed to notify the country fire authority ofongoing failures by Buloke Shire as to the Country Fir e Author ity Act 1958legal requirements,this even so I provide in the past photographic evidence of not only high weed/grass along the15Calder Highway within the Shire of Buloke but also highlighted the fact that there had been grassfires on the shoulder of Calder Highway and referred to this also in my correspondence of 28January 20913 to the then Premier Mr Ted Bailleu.

And, I also will now quote of some of my past writings to you;QUOTE 28-10-2013 CORRESPONDENCE20QUOTE 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.

END QUOTE 20-8-2013 CORRESPONDENCEIt 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 made35my wife aware that in October I would have to go to Berriwillock for the preparation of the fire season, and as suchany medical appointments she needs to have must be before October..

In my view, this rain wasnt just coming now, but was obviously happening for some months and as such one has to

ask why on earth no earlier warning but leave it with no more but the coming weekend at the very least in time40notification. Surely, if Buloke Shire was sincere about fire danger it would work with landowners as to ensure theyhad 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 that45any genuine attempt to prepare for a fire season must be in a progressive manner and not so to say backstabbing asto 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 fire50inspections in October, then I would be travelling to Berriwillock in early October as to avoid a fire notice beingissued. 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 the55ride on mower available when I can travel.

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


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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.

QUOTE 20-8-2013 CORRESPONDENCE

Fines prescribed by the Victorian Government set the penalty for failure to comply with the notice at 105penalty 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 Magistratecan impose a penalty up to 120 penalty units for imprisonment or both.)


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 isto 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.15If 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 showsan ignorance to lives and safety. Who needs a council if it is not willing to represent all rate payers in the rightfulmanner.


Why indeed the nonsense by Wayne Wallthe MUNICIPAL FIRE PREVENTIONOFFICERabout the rains, etc, to do earlier inspections, because of the increased fire danger where he25seems to give out the Fire notices as some lollies in a lolly shop rather than based upon an actual

inspection? Indeed, disregarding the extreme dangerous situation along the Calder Highwaywithin the Shire of Buloke and for that along the Birship Berriwillock Road, for many kilometreson end. As I pointed out in the past it appears to me that Wayne Wallthe MUNICIPAL FIREPREVENTION OFFICER is doing no more but seeking to misuse/abuse the Country Fire30authority Act 1958 provisions as a way to seek to generate funds for Buloke Shire rather than forthe right purpose as to ensure that everyone, and so also the Shire of Buloke will exercise in adiligent manner the maintain of safe standards along highways.It would be utter and sheer nonsense to hold that the shoulder of highways, despite the fire atlocations due to cars pulling onto the shoulder, somehow is not a fire danger, even so of the35number of vehicles travelling along it and even if not pulling up on a shoulder they can


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nevertheless create sparks from their vehicles that can cause a resulting fire. Therefore I maintainto press on the issue that the Shire of Buloke, as any municipal/shire council, should show to be amodel litigant and first of all before commencing, if any at all, to issue fire notices it has itselfcomplied and executed all slashing/moving of weed/grass along the highways and elsewhere thatare within its boundaries and under its control.5

I enclose hereby some photos and also a copy of my 21 September 2013 correspondence.QUOTE from my 21 September 2013 correspondence

Sir,further to my 29 August 2013 correspondence, I wish to express my concern about10

Buloke Shire Council having made the inspections earlier, allegedly because of rain,where in fact it was reported through the media that the recent winter was the hottest onrecord of the last 150 years and rain was about average and the fire danger just aboveaverage.While I still contemplate to travel to Berriwillock in the early part of October, in view that15my wife has already her medical appointments for September, still I do view that if BulokeShire Council is uses what appears to be unreasonable excuses to bring forwardsinspections then it may undermine public confidence and then one day when it is important

people may simply have lost trust in Buloke Shire Council.END QUOTE from my 21 September 2013 correspondence20

There can be absolutely no doubt about it that when I travelled on 2 October 2013 to ShireCouncil had not ensured any slashing of weed/grass had occurred. At some places the weedalong the highway was more than 1 metre high. Indeed, even near Berriwillock signs the weedwas about 1 metre high.25And yet Buloke Shire Council pursued to do inspections in September, and as result of bringingthis forwards I attended on 2 October 2013 to my property in Berriwillock and slashed the weed,etc.

Photo (below) taken on 2 October 2013 near Nullawil sign. Actually, I held it was utter nonsense30

to have caused me to slash the weed at that time where it was senseless in that the rain period hadnot finished and growers, etc, neither had slashed on their lands. Clearly, the slashing of one

property where at the time the weed was about 200mm high versus some 1 to 1.5 metres at manyplaces along Calder Highway then I view it had nothing to do with safety of anyone but it seemsto me that Buloke Shire Council does no more but being a terrorist to terrorise ratepayers35uncalled for so perhaps it can then issue infringement notices for more about $1,444.00 even sono justification exist for this. As such a money grabbing exercise.Indeed, as they ordinary refer to the Government (so council) must be a modellitigant whobyits own conduct shows a good example. This clearly cannot be claimed from Buloke ShireCouncil. And, when I go through the numerous photos of my travelling in December 2012 then40too I found that weed along the Calder Highway within the Shire of Buloke was at various placesmore than 1 metre high. How on earth can Buloke Shire Council claim this is a safety issuewhen it totally ignore itself to act as a concerned council?It appears to me that Wayne Wallthe MUNICIPAL FIRE PREVENTION OFFICER doesntseem to get it that in fact he in my view could be held personally legally liable if any person was45harmed as result of a fire along the Calder Highway or elsewhere where he failed to actappropriately. So, while he may continue to deliberately ignore the fire danger for example alongthe Calder Highway, in my view, were a person be aggrieved then that person could sue him forfailing to have acted appropriately despite that he was advised by my writings of the various firedangers along the Calder Highway. It might teach him that instead of terrorising a property50holder or holders he may do better to stick to the real issues of his job and get Buloke Shire


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Council to comply first of all with legal requirements within the Country Fire Authority Act1958, as should do other councils also.The 4 pictures below are of Banyule City Council, how it seems to comply with the FireAuthority Act 1958!

5

Look at the photo below how high the weed/grass is!

10Look at the photo below how the slashed weed/grass is left as a fire danger!

What this shows is grass/weed in excess of 1 metre high and the lower picture shows that what15was slashed/cut is simply left to dry out and rot, as another fire danger.While I never had a Fire Notice regarding my Viewbank property, nevertheless when I lookaround Banyule Shire Council cleaning land under its control then you find that it slashes highweed/grass but somehow not along the water ways where it can be 1 metre or higher. See photos

below where the left side weed/grass is to to about 1 metre high! As if fire distinguish between20where the grass is low or not, as not to go in high weed/grass areas. As if there will be no firedanger as such! It appears to me Country Fire Authority itself seems to fail to inspect this and toissue fire notices upon councils about this. One therefore has to ask if this really about fire safetyor merely to generate a cash flow?


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If one look along the freeways where there is ample of high weed/grass with millions of carstravelling past and anyone who were to claim that is not a fire danger doesnt know what he/sheis talking about. So, if the Country F ir e Authori ty Act 1958has any legal meaning then I viewthe Country fire authority itself should start taking over the responsibilities of enforcing the actand in particularly so against each and every council failing to comply.5

When I was travelling along the Calder Highway near the Nullawil sign (see photo below) this isthe height of the weed/grass along it. It nearly touched the lower part of the sign!

10Photo (below) taken on 2 October 2013 just outside Berriwillock along the Calder Highway.the weed/grass is level to the side mirror of my motor vehicle, that high!

Clearly over a metre high weed/grass!

15


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Photo (below) taken on 2 October 2013 just outside Berriwillock, along the Calder Highway.


Berriwillock property (below), at arrival on 2 October 2013. Weed a lot lower then along the5highway! Weed/grass is a mere about 200 mm high, a lot lower then it is at the Calder Highway!


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Weed/Grass along Calder Highway in Shire of Buloke (Photo below)


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Weed/Grass along Calder Highway in Shire of Buloke (Photo below)Clearly over a metre high weed/grass!

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How my property was left after slashing the weed/grass. (Photo below)


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QUOTE

WITHOUT PREJUDICE

Buloke Shire Council 21-9-2013

C/o Wayne WallC/o [email protected]

Re: Fire danger etc

Sir,further to my 29 August 2013 correspondence, I wish to express my concern about Buloke

Shire Council having made the inspections earlier, allegedly because of rain, where in fact it wasreported through the media that the recent winter was the hottest on record of the last 150 years10and rain was about average and the fire danger just above average.While I still contemplate to travel to Berriwillock in the early part of October, in view that mywife has already her medical appointments for September, still I do view that if Buloke ShireCouncil is uses what appears to be unreasonable excuses to bring forwards inspections then itmay undermine public confidence and then one day when it is important people may simply have15lost trust in Buloke Shire Council.

As I also view it councils are there to provide a service and its own cancellation of mowing

service only may underline its inability to understand what councils are about. why have acouncil if all it does is delegate matters to contractors or cause rate payers to rely upon20contractors? While I purchased my ride on mower, with its only use for Berriwillock, Inevertheless urge that such a crazy situation should never be forced upon others.I recall Mr Keating was doing mowing for the Shire, and while he may no longer work for theShire I view this service should never have been stopped as council has a responsibility towardsrate payers, and not just become some kind of dictator ignoring its own responsibilities..25

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

MAY JUSTICE ALWAYS PREVAIL

30

(Our name is our motto!)END QUOTE

Now consider the thousands of motor vehicles (including trucks and busses, etc) travelling alongthe Calder Highway and there is the danger zone. Cars do pull up along the highway for a35number or reasons. If you ever had children then you may know they can have an urgent needand cannot wait till the next town. So, motor vehicles do stop for a variety of reasons, and often

pulling into the side of the road where the high weed/grass is. They do not drive onto myproperty that is not along the Calder Highway! As such the real culprit of endangering the goods

and lives of others is Buloke Shire itself! Why are there no Infringement Notices issued against40Buloke Shire where it blatantly disregard the rule of law? It seems to have placed itself above therule of law and then terrorise ratepayers with threats of fines where itself is the worst offender.This underlines that any fire risk inspection should be performed independently from themunicipal/shire councils so that it too can be held accountable..45It seems to me that it would be much better if Buloke Shire Council was more attend to the safetyand security of residents.first of all why does it not speak up against GWMWater for failing to provide suitable drinkingwater to small towns? Surely that is a dangerous situation?


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Also, after arriving at Berriwillock I fell severely ill and even now still recovering of it. As I nowunderstand it the federal government hasd in the past allowed cholera testing to be done and nowis considering to allow Cholera live bacteriato be sprayed in Victoria, and other states.My correspondence 131117-G. H .Schorel-Hlavka O.W.B. to Mr Tony Abbott PM- ReCOMPLAINT, OBJECTION TO CHOLERA TESTING, INVESTIGATION REQUIRED sets5out my objections.QUOTE MY 17-11-2013 CORRESPONDENCE

WITHOUT PREJUDICE

Mr Tony Abbott MP 17-11-2013

[email protected],[email protected]

Cc: Mr Clive Palmer Palmer United [email protected]

Premier Denis Napthine, [email protected]

Ref: 131117-G. H .Schorel-Hlavka O.W.B. to Mr Tony Abbott PM-

Re COMPLAINT, OBJECTION TO CHOLERA TESTING, INVESTIGATION REQUIRED

Tony,15I understand an application was made within the provisions of the Gene Technol ogy Act 2000 by

PaxVax Australia Pty Ltd (PaxVax) for a License Application DIR 126 Limited and controlled release of

a genetically modified live bacterial vaccine against Cholera With clinical sites in Queensland, South

Australia, Victoria and Western Australia20

As a CONSTITUTIONALIST it appears to me that the purpose of the application falls outside theconstitutional legislative powers of the Commonwealth of Australia. This application is proposing anexperiment upon humans residing within the Commonwealth of Australia, of which they may have noknowledge they are used as guinea pigs, and so without their knowledge and/or consent. Neither do I acceptthat any parent or guardian can authorise the usage of children in such experiment where the relevant children25do not suffer from Cholera.

END QUOTE MY 17-11-2013 CORRESPONDENCE

AndQUOTE MY 17-11-2013 CORRESPONDENCE

After I came back in Viewbank I became very ill, so much that my wife commented one day at 4 pm that she30

came in just to check if I was still alive. Having now seen the ailments associated with Cholera it seems thatthis may have been what I suffered from.About 2 weeks ago I saw my local doctor and he had blood test done but the blood test showed no issues ofconcern. As such the blood test was performed not because of the 16 November emails I received but wasdone about 2 weeks ago.35.Besides the gastroenteritis I suffered from dizziness, dehydration, etc, and no explanation as to why I fell soill. Hence, reading about the Cholera testing and that this already may have been done, I now wonder if thesame is already being done if not by PaxVax Australia Pty Ltd (PaxVax) then perhaps by any other company,with or without a license.40

END QUOTE MY 17-11-2013 CORRESPONDENCE

It seems to me that if indeed Cholera testing was done in the Mallee then Buloke Shire would do

better to sort this rot out as that is a real and not an imaginary safety issue!45

Then ask yourself when fire fighters are using tap water at a property they may not be aware thetap water is not suitable for drinking water!QUOTE (GWMWater bills)

Untreated water supply not suitable for drinking or food preparations without

further treatment50END QUOTE (GWMWater bills) (Note: The red colour is on the bill in black)
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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It is my view that all fire notices, not just the one issued against my Berriwillock property shouldbe withdrawn and a proper investigation is conducted as to why councils disregard proper5compliance with the Country Fire Authority Act 1958 and any MUNICIPAL FIREPREVENTION OFFICER fails to act appropriately in that regard. If the legislation is to seek to

prevent harm and even loss of life then let it be enforced appropriately not the most severeculprits left of the hook. Keep in mind that for a multitude of reasons drivers pull over into theshoulder of highways and not realising that their hot exhaust can trigger a fire with high10weed/grass on the shoulder and hence I view my design of the sign ought to be implemented

along roads to warn motorist of such danger.

Awaiting your response, G. H. Schorel-Hlavka O.W.B.(Gerrit)15

MAY JUSTICE ALWAYS PREVAIL

(Our name is our motto!)

131203-Schorel-Hlavka to Premier D. Mapthine & Buloke Shire Council -COMPLAINT

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