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FLORA Newsletter 1 March 2008
FLORA Newsletter 1 March 2008
FLORA Newsletter 1 March 2008
March 2008
Volume 1, Issue 1 Envirowild/Flora
Information on Constitutional issues,
our Land Ownership Rights and
Articles:
whether Government can do what they tell us they can.
• Inverell Forum
Inverell Forum March 2008
• Coming Events
If you have never had the moment of boredom. and many speakers must
• A Grant in Fee chance to attend the support their stance
The organisation was
Simple Title Inverell Forum, please vigorously in the Audience
superb, with the compere
accept our hearty A1 Q & A times.
Dennis Stevenson
• Torrens Title recommendations.
keeping both a tight rein Their website carries an
Consisting of a variety of on the timetable and archive of previous
• Trespass
speakers covering such offering entertaining speakers, and booking
• Government diverse topics as Nuclear comments and jokes information:
Laws over Dangers, Multiculturalism, between speakers. http://www.inverellforum.org
Land Vaccinations, 9/11, QLD
Originally started 20 years Sam enjoyed it so much
Ownership Correctional System,
ago, the forum has had we are already planning to
Lightwave Therapies,
• Local Council speakers of all qualities attend the 2009 Forum –
Wellness vs Illness, our
Removal of grace its stage. All topics hope to see you all there.
contribution on the QLD
Land Rights are allowed and there is
Constitution 2001 & much --------------------------------------
no discrimination or bias,
more, there was not a
• Jokes
• QLD Constitution
2001
Coming Events
* Draconian
Punishment NSW FREE ADMISSION
• What Can You do Friday, 4th April 08 from SPEAKER: John Wilson
7:00 pm to 10:00 pm www.rightsandwrong.com.
• Info – Aus Don Moore Community au
Centre, The notion that a radical
• Info – US Cnr. Farnell Ave. & John has been battling the is one who hates his
North Rocks Rd, banks for some years. He country is naïve and
• Next Issue CARLINGFORD. is a firm advocate of our usually idiotic.
right to a trial by jury.
• Conttact Info He is, more likely, one
who likes his country
• Bank loans are
more than the mrest of
Fraud
us, and is thus more
disturbed than the rest
• Dispossessions
are illegal of us when he sees it
debauched.
• Discover your He is not a bad citizen
rights and how to turning to crime; he is a
protect yourself, good citizen driven to
your family and despair.
your country.
“Bank loans are fraud.” H.L. Mencken
Page 2 of 18 Newsletter Title
A Grant in Fee Simple Title
Most Australians do not know or understand what • Incorporeal Hereditaments.
they actually own when they purchase a parcel of This is a right issuing from the physical
land. element of land, such as rent, incomes
from an enterprise on the land. They are a
As this knowledge is vital to clearly understand what is right to have an idea that will become
being removed from you, the following details have physical on the land, ie to develop a
been included in this newsletter………… business and produce an income. An
incorporeal hereditament is the things we
do with our land including waste it.
If any information was not legally (with the Torrens Title simply RECORDS your ownership
owners permission) listed on a title deed then the of a Grant in Fee Simple parcel of land.
new owner was not legally responsible and able to
be held to any new impediment to his ownership
that could arise. Most importantly, any
unrecorded easement is extinguished and no
easement by prescription of implication can be
claimed.
STOP
Notice
This property is owned under
a Grant in Fee Simple Title
To all persons and entities
entering this property
without the permission of the land owners,
admittance is by Invitation only
OR
Trespass applies.
• New South Wales v Ibbett [2006] HCA 57; (2006) 231 ALR 485; (2006) 81 ALJR 427 (12 December 2006)
• Plenty vs. Dillon [1991] HCA 5; (1991) 171 CLR 635 F.C. 91/004 (7 March 1991)
• George v Rockett [1990] HCA 26; (1990) 170 CLR 104 (20 June 1990)
• Halliday v Nevill [1984] HCA 80; (1984) 155 CLR 1 (6 December 1984)
• Commonwealth v New South Wales [1923] HCA 34; (1923) 33 CLR 1 (9 August 1923)
Trespass
You will find all Federal Government Acts listed To allow you to understand the devastating impact
here - Commonweath of Australia Consolidated these laws have had on Australia, I have listed all
Acts Acts that currently come under the jurisdiction of
the Department of Environment & Climate
There are hundreds of acts and while States do not Change NSW.
have to create their own and come into line with
the Fed’s, any Acts they make that oppose Federal • Brigalow and Nandewar Community
law are superceded by the Commonwealth laws. Conservation Area Act 2005
Consequently, all State environmental laws stem • Filming Approval Act 2004
from this Act.
• Fisheries Management Act 1994
Reading a Government Act must always include
the ACTS INTERPRETATION ACT 1901. • Forestry and National Park Estate Act
While each Act carries its own Definitions 1998
• National Parks and Wildlife Act 1974 • Commons Management Act 1989
• Recreation Vehicles Act 1983 • Forestry (State Forest Revocation) Act 1978
• Occupational Health and Safety Act 2000 • Water Management Act 2000
• Petroleum (Submerged Lands) Act 1982 • Wild Dog Destruction Act 1921
• Road Transport (Safety and Traffic None of those rights were removed through the
Management) Act 1999 approval of the people via referendum.
• Roads Act 1993 None of the laws stemming from International
Treaties were agreed to via a referendum. No
• Rural Fires Act 1997
Governor-General or State Governor, assessing
• Rural Lands Protection Act 1998
these laws against our Constitutional rights,
protested on our behalf.
• State Emergency and Rescue Management Act
1989 Do not agree to anything governmental over your
land. Agreement constitutes a potential removal of
• State Environmental Planning (Permissible your ownership rights always.
Mining) Act 1996
Do not leave any potential involvement with
• Stock (Chemical Residues) Act 1975
governmental offerings such as Land Care and etc,
• Stock Diseases Act 1923
as verbal discussions. Get it in writing and
respond in writing.
• Stock Foods Act 1940
My observation is that whenever one law is found adequate to the discharge of a duty... it is
worse executed by two laws, and scarcely done at all if three or more are employed
therein.
In the Savings and Transitionals – it is clear that Councils are now expected to operate under the
Environmental Laws as well.
If we cross reference these issues with the facts of land ownership under a Grant in Fee Simple we
see that Nos 1 & 4 remove our Messuages.
In both sections we are left only with our right to buy a land which already contains a house – our
Tenement rights.
On the Escarpment above Wollongong, Council is removing the right to live in a house which has
been vacant for longer than 12 months. The tenement rights to your land.
Supreme Court of Appeal citing Bone v Mothershaw - 'he(Mr Bone) continues to enjoy the privilege of paying the
rates that the Council levies on his land' and he is allowed to walk on it.
When you read the Local Government Act 1993, among the sections, there are only 6 that refer specifically to
Private Land. They all involve a Contractual agreement.
1. 67A: Entering into an agreement with the land owner to remove graffitti
2. 67: Entering into an agreement with the land owner to do maintenance work on fallen trees, pipes,
kerb & guttering and etc – for a fee
3. 377: Delegating a council employee to establish the fee for such works on private land
4. 650: Entering into an agreement with the land owner to use private land for parking
5. Dictionary Section 3: "private land" means land the fee-simple of which is not vested in the Crown,
and land that the Crown has lawfully contracted to sell.
Page
6. 9428
ofAnnual
18 Reports: Newsletter Title
Concerning work done on private land
When you read the Local Government Act 1993, among the sections there are only 4 that refer to Fee Simple
1. 49: Land dedicated as a public or drainage reserve vests in the council for a grant in fee simple.
2. 723: Land conveyed for sale under a grant in fee simple - See below.
3. 50: Public gardens, drainage reserves & recreations spaces are vested in the council for a grant in
fee simple.
4. Dictionary Section 3: "private land" means land the fee-simple of which is not vested in the Crown,
and land that the Crown has lawfully contracted to sell.
However, there are 19 sections referring to Crown Lands, 51 referring to Community Land.
The word Zoning has only 2 sections and neither refers to Private land or Fee Simple land
Now the word Rates attracts 121 sections, however under Section 723 of the Local Government Act 1923
(a) any reservations or conditions for the benefit of the Crown affecting the land, and
(b) any easements, restrictive covenants, positive public covenants created in accordance with section 88D or
88E of the Conveyancing Act 1919 and public rights of way affecting the land.
We buy our Grant in Fee Simple land under a Deed of Trust, a Deed of Inheritance & a Deed of Equity
between ourselves and the Sovereign, Her Majesty Queen Elizabeth I.
This is both Statute & Common Law, in that the actual deed is a document established and protected under
Statute Law, and Common Law protects our rights of inheritance and equity.
Without the permission of the owner of that Grant in Fee Simple, the removal or breach of this Deed is
without Constitution support.
As the original purchasers of land, we enter into a financial arrangement with the Sovereign through her
designated agents the Government, pay the monies that are requested, this money goes into government
revenue and is used to finance government expenditure and we receive a title deed, reserving any mineral
rights, for example, for the Crown.
At this time, the agents of the Sovereign, state that we are buying this land, free of any trusts,
obligations, estates, interests, contracts and changes, including rates and charges under the Local
Government Act 1993.
To follow this through to the issue of Rates, none of the sections in this act state that the owners of Private or
Fee Simple land are required to pay rates.
The Envirowild researchers believe that as the Councils now operate under Corporation Law, by actually
paying rates a private land owner is contractually agreeing to an ongoing situation of payment, which Council
Page 10enforce
can then of 18legally. Newsletter Title
You are agreeing to the validity of Rates if you pay these monies without an accompanying letter
stating you are paying this account under duress and reserve the right to recover your money under
Federal law.
Regarding the issue of Zoning in this Act. There is no section connecting the ownership of Private and Fee
Simple land with the concept of a zonal / restrictive right to use the land. To do so, would clearly remove Fee
Simple rights and become a tort matter.
It is our contention that the Local Government Act 1993 operates to define the management of Crown and
community land, and has no validity over Fee Simple Land unless the owner agrees to allow that validity
through a verbal, tacit or written contractual agreement.
Development Applications and the payment of monies are contractual agreement to allow Local Council to
govern your use of your land. You are giving Council permission to remove part of your ownership.
Many people are concerned that council have the right to tear down an unapproved structure. This is not true.
This would first constitute Trespass. A case in point. In an expensive suburb in Sydney an elderly lady allows
refuse and garbage to build up around her home, bringing vermin into the area.
Council cannot interfere until the Health Code is violated at which point they require a court order to enter the
premises and clean them up. This has been done several times.
The lady simple returns to the creation of a refuse problem and there is nothing Council can do about it.
The Local Government Act 1993 states that council or their delegated staff can enter without permission or
under a warrant if necessary. This is completely untrue. If the police cannot enter without a warrant, then
Council certainly cannot.
In Plenty v Dillon[9], Mason CJ, Brennan and Toohey JJ said of the proposition that the trespass
to the plaintiff's farm was of such a trifling nature as not to found liability in damages:
"[b]ut this is an action in trespass not in case and the plaintiff is entitled to some
damages in vindication of his right to exclude the defendants from his farm".
Windeyer J later doubted whether the origin of the idea conveyed by the term "exemplary
damages" was as recent as Huckle[24]. However that may be, what is well established is that an
award of exemplary damages may serve "a valuable purpose in restraining the arbitrary and
outrageous use of executive power" and "oppressive, arbitrary or unconstitutional action by the
servants of the government". The words are those of Lord Devlin, no supporter of the general use
of this remedy[25]. His Lordship added that[26]:
"the servants of the government are also the servants of the people and the use of their
power must always be subordinate to their duty of service".
I have used this information to convey to the readers that Governments operate under the belief that we will
simple obey these laws because of who made them. That is our stupidity.
We must learn our rights, know and our rights and demand these SERVANTS OF THE PEOPLE obey
our rights! More next issue….
"When two people meet, there are really he sees himself, each man as he wants to
six people present. There is each man as be seen, and each man as he really is."
Page 11 of 18 Newsletter Title
-- Michael De Saintamo Ancient Samurai saying
Jokes
HOW GOVERNMENTS PLACE NEW EMPLOYEES . . .
a. If they are counting the bricks, put them in the Accounting Department.
b. If they are recounting them, put them in Auditing.
c. If they have messed up the whole place with the bricks, put them in Engineering.
d. If they are arranging the bricks in some strange order, put them in Planning.
e. If they are throwing the bricks at each other, put them in Operations.
f. If they are sleeping, put them in Security.
g. If they have broken the bricks into pieces, put them in Information Technology.
h. If they are sitting idle, put them in Human Resources.
I. If they say they have tried different combinations, they are looking for more, yet not a brick has been moved, put them in
Sales.
j. If they have already left for the day, put them in Management.
k. If they are staring out of the window, put them in Strategic Planning.
l. If they are talking to each other, and not a single brick has been moved, congratulate them and put them in Top
Management.
m.Finally, if they have surrounded themselves with bricks in such a way that they can neither be seen nor heard from, put
them in Government.
1. Japanese eat very little fat and suffer fewer heart attacks than us.
2. Mexicans eat a lot of fat and suffer fewer heart attacks than us.
Page 12drink
3. Chinese of 18 Newsletter
very little red wine and suffer fewer heart attacks than us. Title
4. Italians drink excessive amounts of red wine and suffer fewer heart attacks than us.
5. Germans drink beer and eat lots of sausages and fats and suffer fewer heart attacks than us.
CONCLUSION: Eat and drink what you like. Speaking English is apparently what kills you.
Sovereign People
Government Departments/
Public Servants
The Premier
Legislative
Executive
Judicial Power
-- Vincent Van
Gogh
Page 17 of 18 Newsletter Title
Because the written word does not go away. Forget emails, forget phone calls.
Go and see your local member, tell him what is happening, give him the information and
write him a letter.
Governments’ only Mandate is to protect the peace and prosperity of our Nation through the
rights inherent in our Constitution. Our voting power does not give them a Mandate to
damage our prosperity via vast overborrowings, removal of the Common Law and a
complete disdain for the impact on the lives of the Sovereign People of Australia brought
about by such issues as International Treaties & Draconian Regulations.
You the People have a Mandate however - to constantly inform your Local Member and
your State ministers of Your Will for Australia.
Info - Aus
http://www.commonwealthpropertyprotectionassociation.com/index.htm
http://www.sosnews.org/contacts.htm
http://ourcivilisation.com/
http://www.rightsandwrong.com.au/
http://homeownersrights.info/
http://peoplesmandate.tripod.com/
Info – OS
http://www.lewrockwell.com/
http://www.levellers.org/jrp/orig/jrp.jurquotes.htm
http://www.angelfire.com/rebellion/elizabeth/
http://www.worldnetdaily.com/
Page 18 of 18 Newsletter Title
.
Next Issue
Envirowild/Flora
1. The History of the Sovereign I tore myself away from
“Berkeley” theft of our Australian. the safe comfort of
Woodstock NSW 2793 ownership rights. certainties
4. Letters from our
2. Who appears to readers through my love for
PHONE: truth - and truth
02 63451254 be behind this
5. Contact groups rewarded me.
situation
around Australia.
E-MAIL:
sue.maynes@bigpond.com 3. Your role as a Simone de Beauvoir
About us….…
Editor: Sue Maynes A large group of articles in order to unravel Great enough to be of
BHITW: Sam Maynes researchers in 5 the web of ‘theft’ regarding danger to all levels of
Australian states have our land ownership rights. government in their quest
Without Prejudice committed 100’s of hours for absolute controlling
We found that our rights
UCC 1-207 of time reading Law, Acts, power over the People of
were greater than we had
High Court cases, this country.
anticipated.
historical documents &
ENVIROWILD/FLORA
Berkeley
Woodstock
NSW Australia
2793
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