20150101-Schorel-Hlavka To Buloke Shire Council Care of J Groves

Page 1
WITHOUT PREJUDICE
Buloke Shire Council
C/o J Groves
5 C/o buloke@buloke.vic.gov.au
1-1-2015
Re: Infringement Notice -Fire danger etc

Sir/Madam,
hereby I request you to withdraw the Infringement Notice issued against me in
regard of my property of 10 Anderson Avenue Berriwillock for a number of reasons of
10 which some are set out below.
The below I have included some of the email exchange with a neighbour who has been looking
after my property but to avoid any harassment upon him I have altered the quotations and
substituted his identity with xyz. However if the matter were to proceed before the courts his
identity would be revealed.
15 As I was experiences gearbox (transmission problems) with my vehicle I made alternative
arrangements to have the property slashed/mowed by xyz. This slashing/mowing as I
understand it eventuated in early October. However a notice was issued to me dated 16 October
2014 and as the email exchange indicated on 20 October 2014 (the day I received the notice) I
contacted xyz and he advised me;
20 QUOTE
25
Ok we cut it before we went away to the west.

just had a look around there and its the same as my. could do with another
cut. so as soon as we gat some parts for the ride on mower.it needs a new starter.
will arrive here on Friday.will cut it on the weekend again. for you no problem mate.
regards xyz
END QUOTE
As such my property was no different than that of xyz, albeit I understand he was
not given a
notice.
30
35
QUOTE
On Saturday, 25 October 2014, 2:08, xyz wrote:
Halo gerrit
we have just cut your grass on Friday.
it's all ok mate.
regards xyz
QUOTE
Therefore, on Friday 24 October 2014 the grass was again cut.

Below I also reproduce a rftepair bill where my vehicle was completed for repair on 20
40 November 2014. As I suspected the vehicle was not trustworthy to b e driven to Berriwillock
prior to the repair and indeed on 29 October 2014 when driving the vehicle to a local carwash the
vehicle broke down on an intersection and the RACV towed the vehicle to my residence in
Viewbank and the next morning on 30 October 2014 towed the vehicle to Jim Watson
transmission specialist, where coincidental it had been booked in for that day already.
45 The vehicle was ready on 20 November 2014 which was after the 16 November 2014
Infringement Notice was issued. As such my foresight of having xyz assisting in mowing the
property twice in October 2014 and so confirmed in writing ought to have been deemed
p1
1-1-2015
G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by making a reservation, See also
Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati
Page 2
sufficient in particular where xyz himself had no Infringement Notice issued against him even
so he mowed this own property in the same manner. Hence if his own property was deemed
appropriately mowed so should have been mine. It cannot be argued that no mowing had
eventuated as the email exchange proves it had been done on 2 occasions.
On 2 October 2013 with a deadline of 5 October 2013 I attended to my Berriwillock property and
mowed the property with a new ride-on mower which I purchased for that purpose. It must be
clear that going into an expense of purchasing a ride on mower and it is not used for any other
purpose but for the mowing of my Berriwillock property, a mere residential (house) block then
10 the fact that the station wagon was not deemed suitable to transport the ride-on-mower on a
trailer to Berriwillock in the last days prior to 15 November 2014 underlines that I acted
responsible to arrange for my neighbour to mowe the property.
Indeed, mowing the property in early October clearly was too early in regard of keeping it low
before the 15 November 2014 deadline. And having it mowed again on 24 October 2014 ought to
15 have been sufficient, in particular where reportedly the rain fall of 2014 was much lower than
previous years and so less growth had eventuated.
After quoting the email exchange and the repair bill I will delve in this further.
20 QUOTE
On Sunday, October 12, 2014 2:07 AM, xyz wrote:
25
thank you mate.headding back 2morow.we will take it easy going back.
regards xyz
On Saturday, October 11, 2014 6:22 PM, Mr Gerrit H. Schorel-Hlavka O.W.B.
<inspector_rikati@yahoo.com.au> wrote:
30
35
40
xyz,
congratulations to your wife and you regarding your sons wedding.
I am glad you are at least up and about.
Gerrit
Constitutionalist & Consultant
MAY JUSTICE ALWAYS PREVAIL
Mr. G. H. Schorel-Hlavka O.W.B., GUARDIAN
(OFFICE-OF-THE-GUARDIAN)
107 Graham Road, Viewbank, 3084, Victoria, Australia
Ph (International) 61394577209
.
Email; inspector_rikati@yahoo.com.au
45
The content of this email and any attachments are provided WITHOUT PREJUDICE, unless specifically
otherwise stated.
If you find any typing/grammatical errors then I know you read it, all you now need to do is to consider the
content appropriately!
50
55
60
A FOOL IS A PERSON WHO DOESN'T ASK THE QUESTION BECAUSE OF BEING CONCERNED
TO BE LABELLED A FOOL.
END QUOTE
END QUOTE
On Monday, October 20, 2014 1:55 PM, Mr Gerrit H. Schorel-Hlavka O.W.B.
<inspector_rikati@yahoo.com.au> wrote:
xyz,
I received a fire notice dated 16 October 2014.from Buloke Shire Council allegedly that the weed/grass was
not cut, or something to that effect. I do not know if you because of your illness was unable to do something
p2
1-1-2015
Page 3
about my property. Could you let me know what the position is because if I have to drive up I need to get my
station wagon urgently repaired (change of gearbox) as it has been standing in the driveway waiting to get
repaired.
Gerrit
END QUOTE
QUOTE
Re: From Gerrit to
People
10
xyz
xyz
21 Oct
To
15
20
me
Ok we cut it before we went away to the west.

just had a look around there and its the same as my. could do with another
cut. so as soon as we gat some parts for the ride on mower.it needs a new starter.
will arrive here on Friday.will cut it on the weekend again. for you no problem mate.
regards xyz
END QUOTE
QUOTE
On Saturday, 25 October 2014, 2:08, xyz wrote:
25
30
Halo gerrit
we have just cut your grass on Friday.
it's all ok mate.
regards xyz
QUOTE
QUOTE
To
35
xyz
CC
40
45
me
xyz,
much appreciated.
I have booked in my station wagon for an inspection, that is they have no spot un til end next week and I was
advised that pending what repairs need to be done they will tell me how long it will take before they can do
the repairs. It seems that if certain parts are required it can take some time. At least I might finally be able to
travel again. Useless to have a stationwagon that isn't working.
.
Anyhow, how is it with your health? Is it settling?
.
Gerrit
END QUOTE
50 I will now quote the repair bill paid that day, when I collected the vehicle.
p3
1-1-2015
Page 4
In the circumstances that were prevailing I view I acted responsible because even if on 29
5 October 2014 I had attempted to drive to Berriwillock instead to a nearby carwash albeit then
p4
1-1-2015
Page 5
with a loaded trailer to transport the ride-on-mower I would not have made it at all, therefore
having made prior arrangements to have xyz looking after the property in my view was
appropriate. No one is served with an attempt to drive a motor vehicle with a loaded trailer and
possibly endanger the lives if not of myself that of other road users.
There can be no question about it that Buloke Shire Council abolished its own mowing service
and never responded to me to reinstate the services, etc. Hence, Buloke Shire Council itself relies
upon contractors to move along the highway and other places. It may be held that Buloke Shire
Council itself must be a model citizen and so cannot itself disregard fire safety issues while
10 purporting to enforce it against ratepayers.
As I earlier indicated I attended on 2 October 2013 to my property in Berriwillock and the
following photo was of my standing there with a vehicle registered RIKATI (this now is the
numberplate (registration number) of the station wagon that had its gearbox repaired)
15 Below I set out some matters as to how on 2 October 2013 and the following day on 3
October 2013 weed along Calder Highway in Buloke Shire Council was at places higher
than 1 metre!
Even if Buloke Shire Council were to argue that it had contractors which must have failed
to mowe/slash as was required in the end it cannot then argue against a resident who relies
20 upon a neighbour as Buloke Shire Council does on a contractor. In particular where the
neighbour slashed/mowed the property and so indicated it was the same as his own
property and he was not issued with a fire notice nor any Infringement Notice then I view
Buloke Shire Council so to say went overboard to issue an Infringement Notice where
clearly the property had been mowed ion 2 occasions in October 2014. The same couldnt
25 be claimed by Buloke Shire Council whereas the images below indicate the weed along
Calder Highway was at some places higher than 1 metre. And because this is a major
transport route the fire danger ALONG Calder Highway is considerable.
Despite that I designed the image below as to warn motorist of the fire danger when pulling
over onto a soft shoulder of the highway nevertheless it appears to me Buloke Shire Council
30 has done nothing to seek such a signage implemented. Regardless there are at times fires
along the shoulder of Calder Highway.
I will below also deal with the untreated water issue.
When I was travelling along the Calder Highway near the Nullawil sign (see photo below) this is
35 the height of the weed/grass along it. It nearly touched the lower part of the sign!
p5
1-1-2015
Page 6
Photo (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!
5
Photo (below) taken on 2 October 2013 just outside Berriwillock, along the Calder Highway.
10
p6
1-1-2015
Page 7
Berriwillock property (below), at arrival on 2 October 2013. Weed a lot lower then along the
highway! Weed/grass is a mere about 200 mm high, a lot lower then it is at the Calder Highway!
5 Weed/Grass along Calder Highway in Shire of Buloke (Photo below)

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

p7
1-1-2015
Page 8
How my property was left after slashing the weed/grass. (Photo below)
The 4 pictures below are of Banyule City Council, how it seems to comply with the Fire
5 Authority Act 1958!
Look at the photo below how high the weed/grass is!
10
Look at the photo below how the slashed weed/grass is left as a fire danger!
15
p8
1-1-2015
Page 9
What this shows is grass/weed in excess of 1 metre high and the lower picture shows that what
was slashed/cut is simply left to dry out and rot, as another fire danger.
5
Also, after arriving at Berriwillock I fell severely ill and even now still recovering of it. As I now
understand it the federal government hasd in the past allowed cholera testing to be done and now
is considering to allow Cholera live bacteria to be sprayed in Victoria, and other states.
My correspondence 131117-G. H .Schorel-Hlavka O.W.B. to Mr Tony Abbott PM- Re
10 COMPLAINT, OBJECTION TO CHOLERA TESTING, INVESTIGATION REQUIRED sets
out my objections.
QUOTE MY 17-11-2013 CORRESPONDENCE
WITHOUT PREJUDICE
Mr Tony Abbott MP
15
17-11-2013
Tony.Abbott.MP@aph.gov.au, info@pm.gov.au
Cc:
Mr Clive Palmer Palmer United Party Admin@PalmerUnited.com

Premier Denis Napthine, Victoria denis.napthine@parliament.vic.gov.au
Ref: 131117-G. H .Schorel-Hlavka O.W.B. to Mr Tony Abbott PMRe COMPLAINT, OBJECTION TO CHOLERA TESTING, INVESTIGATION REQUIRED
20
Tony,
I understand an application was made within the provisions of the Gene Technology 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 Australia
25
30
As a CONSTITUTIONALIST it appears to me that the purpose of the application falls outside the
constitutional legislative powers of the Commonwealth of Australia. This application is proposing an
experiment upon humans residing within the Commonwealth of Australia, of which they may have no
knowledge they are used as guinea pigs, and so without their knowledge and/or consent. Neither do I accept
that any parent or guardian can authorise the usage of children in such experiment where the relevant children
do not suffer from Cholera.
END QUOTE MY 17-11-2013 CORRESPONDENCE
And
QUOTE MY 17-11-2013 CORRESPONDENCE
p9
1-1-2015
10
Page 10
After I came back in Viewbank I became very ill, so much that my wife commented one day at 4 pm that she
came in just to check if I was still alive. Having now seen the ailments associated with Cholera it seems that
this 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 of
concern. As such the blood test was performed not because of the 16 November emails I received but was
done about 2 weeks ago.
.
Besides the gastroenteritis I suffered from dizziness, dehydration, etc, and no explanation as to why I fell so
ill. Hence, reading about the Cholera testing and that this already may have been done, I now wonder if the
same is already being done if not by PaxVax Australia Pty Ltd (PaxVax) then perhaps by any other company,
with or without a license.
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
15 better to sort this rot out as that is a real and not an imaginary safety issue!
Then ask yourself when fire fighters are using tap water at a property they may not be aware the
tap water is not suitable for drinking water!
QUOTE (GWMWater bills)
20
Untreated water supply not suitable for drinking or food preparations without
further treatment
END QUOTE (GWMWater bills) (Note: The red colour is on the bill in black)
25
What appears to me to be is that municipal/shire councils are using Infringement Notices to
terrorise ratepayers as it cannot be for safety issues where it disregard itself fire dangers.
And despite my past writings to Buloke Shire Council regarding the untreated water I do not
30 recall Buloke Shire Council to have done anything at all to address this issue.
It appears to me that Buloke Shire Council isnt particularly concerned about dangers to
ratepayers and other citizens but rather seems to use the Infringement Notice system as a form of
p10
1-1-2015
Page 11
taxation to add to its ability to spend monies. By this not concerned if ratepayers were to fall ill
or even die because of untreated water because there is no money in it for Buloke Shire
Council to pursue such matters. Yet it charges rates allegedly to look after the interest and
wellbeing of ratepayers! This, even so since 11 November 1910 the commonwealth created its
5 land tax office (the forerunner of the ATO) and since then the states could no longer charge land
taxes. As the High Court of Australia in Sydney Council v Commonwealth (1904) held that
council rates were a delegated taxation powers of the State then once the commonwealth
commenced to legislate as to land taxes that was also the end of the State delegated powers to
councils.
10 The fact that the Commonwealth abolished land taxes doesnt provide the states with renewed
taxation powers because it remains constitutionally a Commonwealth power. The
Commonwealth can at any time reinstate land taxes. Moreover, any lawyer ought to be well
aware of that even if a legislation is abolished it doesnt deny land holders to continue to
maintain the rights they had unless the Commonwealth had specifically legislated against such
15 rights. Clearly, where the Commonwealth legislated as to land taxation it became as federal law
and required that it had to be uniform throughout the Commonwealth of Australia.
20
Hansard 27-1-1898 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE
Mr. BARTON.-I was going to explain when I was interrupted that the moment the Commonwealth
legislates on this subject the power will become exclusive.
END QUOTE
25 Hansard 27-1-1898 Constitution Convention Debates

QUOTE
Mr. BARTON (New South Wales).-If this is left as an exclusive power the laws of the states will
nevertheless remain in force under clause 100.
Mr. TRENWITH.-Would the states still proceed to make laws?
30
Mr. BARTON.-Not after this power of legislation comes into force. Their existing laws will, however,
remain. If this is exclusive they can make no new laws, but the necessity of making these new laws will be
all the more forced on the Commonwealth.
END QUOTE
.
35 Hansard 16-2-1898 Constitution Convention Debates
40
QUOTE Mr. ISAACS (Victoria).In the next sub-section it is provided that all taxation shall be uniform throughout the Commonwealth.
An income tax or a property tax raised under any federal law must be uniform "throughout the
Commonwealth." That is, in every part of the Commonwealth.
END QUOTE
.
Hansard 19-4-1897 Constitution Convention Debates

QUOTE
Mr. MCMILLAN: I think the reading of the sub-section is clear.
45
The reductions may be on a sliding scale, but they must always be uniform.
END QUOTE
Hence, even if for argument sake Buloke Shire Council were to have taxation powers by the
commonwealth legislating that States can raise taxes on its behalf, and so this is delegated to
50 councils, then it must nevertheless be uniform throughout the Commonwealth of Australia.
p11
1-1-2015
Page 12
What we appear to have here is in my view that Buloke Shire Council has in fact no lawful
authority to charge property rates. And when one considers also that Buloke Shire Council
instead of providing basic services it has even closed the Berriwillock tip some time ago and to
my knowledge it has not provided in Berriwillock an alternative venue. And, it appears from the
5 rate notice that Buloke Shire Council has increased garbage collection by about 50%. Well as I
reported in the past when I attended to Sea Lake tip, there was a separate area for storage of
recycling material such as cartons and then when council staff are burning of the waste in the tip
they used a bull dozer to move the recycling material to the general tip and burns the lot. So,
ratepayers are slugged for separate collection even so the lot being burned together. Worse also
10 that the tip has an area of car bodies and also lifestock carcasses (dead animals) are dumped
there. Even hospital waste I have located at Sea Lake tip. Then when it rains the lot get flooded
and when the water dries up then on part of Sea Lake the salt is collected. So, the water that went
over the hospital waste, the animal carcasses, car bodies (containing oil, etc) and general waste
then goes also over the salt and the salt then is harvested.
15 It seems to me that Buloke Shire Council would do better to clean up its own mesh before some
serious disease breaks out and people end up very ill of not get killed before it seeks to make any
argument about safety issues against ratepayers.
.
Also, I noticed the Infringement Notices stipulates that payment is to be made to Buloke Shire
20 Council. In my view any payments regarding Infringement Notices should be made payable to
the State Consolidated Revenue Funds.
If council property rates are lawful (this as a CONSTITUTIONALIST I do not concede) then in
any event it must be paid into Consolidated Revenue Funds and then the State should have the
25 Parliament to approved appropriation bills to issue monies to municipal/shire councils as to what
the Parliament may deem appropriate.
.
30
35
40
45
50
I also noticed that the Infringement Notice does no more but refer to a notice without detailing
which notice it refers to. Fancy a court having to deal with this matter and the Magistrate having
an Infringement Notice that refer to an unidentified notice. It is not for the court to do some
fishing expedition as to discover which if any notice is referred to as it must be clear from the
Infringement Notice itself what precisely was the ground upon which Buloke Shire Council
claimed it was justified to issue an Infringement Notice. In my view the failure to provide
relevant details in validate the Infringement Notice.
I understand from my brother-in-law that his stepfather Mr William Sneep was pestered by
Buloke Shire Council about fire issues regarding several housing blocks in Ultima and then Mr
William Sneep in the end somehow handed the properties over to Buloke shire Council, this even
so his late wife Anita Sneep-Mulders nee Jensen had purchased some of the properties for some
of my children. As such it appears to me Buloke Shire Council is using Infringement Notices as a
way to so to say extort properties from their rightful owners, such as some of my children.
I view Buloke Shire Council should go back to its real purpose and that is to look after the
ratepayers by providing the basic services it was supposed to do and if safety is a real issue it
should re-introduce the mowing service and have a new Berriwillock tip! And, also pursues the
issue of the untreated water. Upon my complaint to the Mr Peter Walsh local Member of
Parliament and at the time Minister for Water the matter was referred to the Department of health
and I have also written to Premier Daniel Andrews who in 2003 stated:
http://tex.parliament.vic.gov.au/bin/texhtmlt?form=jVicHansard.dumpall&db=hansard91&dodraft=0&house=ASSE
MBLY&speech=23716&activity=Second+Reading&title=SAFE+DRINKING+WATER+BILL&date1=7&date2=M
ay&date3=2003&query=true%0a%09and+%28+data+contains+'safe'%0a%09and+data+contains+'water'+%29
QUOTE
Mr ANDREWS (Mulgrave) - It is a pleasure to speak in support of the Safe Drinking Water Bill. This bill forms part of the
government's strategic approach to water management, with specific attention being paid to water quality and risk
management as matters of public health. It is worth noting that this is a debate about public health and about making sure
p12
1-1-2015
Page 13
that each community across our state has access to the highest quality water. It is also worth noting that this bill has been
introduced by the Minister for Health as a matter of public health.
The bill has four specific objectives. Before going on to those I welcome the support shown by the Liberal and National
parties for this bill. Every endeavour has been made to try to provide as much information as possible.
5 END QUOTE
In my view a caring council would never have tolerated this danger to ratepayers to continue.
It seems I am in fact doing councils work and without charge.
.
10 And it (Buloke Shire Council) has the gall to pester me with an Infringement Notice in the
manner it did despite the property was mowed on 2 occasions, which appears to be twice more
than Buloke Shire Council itself provides for at the real dangerous shoulders of Calder Highway.
I urge Buloke Shire Council to take a different approach and to work with ratepayers how to deal
15 with any dangers or potential dangers rather than to use or try to use Infringement Notices to get
some monetary value our of its misplaced use of powers.
The purpose of municipal/shire councils was to look after the interest of ratepayers, as was prior
to federation, but more and more municipal/shire councils have become an unconstitutional de
20 facto level of government and by this leave ratepayers without the services that municipal/shire
councils were to provide.
And perhaps after all those years I patently waited ab out my various reports about Sea Lake tip
(as some mentioned above) I would like Buloke Shire Council to provide me with appropriate
25 response what, if anything, it has done to clean up what is going on?
Is the hospital waste still there?
Are the carcasses of dead animals still being dumped there?
Is the salt collected from that area used for human consumption?
30 I urge you to act reasonable and sensible and withdraw the Infringement Notice issued on 16
November against my person in relation to 10 Anderson Avenue Berriwillock property.
If the notice is not withdrawn than I give notice hereby I intent then to challenge the validity of
the notice in court! I do however expect that common sense shall prevail and you notify me as
soon as possible that the Infringement Notice has been withdrawn. You may as to avoid delays of
35 this notification also email a copy of this correspondence to my email address
mayJUSTICEalwaysPREVAIL@schorel-hlavka.com.
For the record, MAY JUSTICE ALWAYS PRFEVAIL is a registered trademark!
40 This correspondence is not intended and neither must be perceived to contain legal advice
nor to refer to all issues/details.
Awaiting your response,
45
G. H. Schorel-Hlavka O.W.B. (Gerrit)
MAY JUSTICE ALWAYS PREVAIL

Our name is our motto!)
p13
1-1-2015

20150101-Schorel-Hlavka To Buloke Shire Council Care of J Groves

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

20150101-Schorel-Hlavka To Buloke Shire Council Care of J Groves

Uploaded by

Copyright:

Available Formats

Page 1

Re: Infringement Notice -Fire danger etc

Ok we cut it before we went away to the west.

Therefore, on Friday 24 October 2014 the grass was again cut.

Ok we cut it before we went away to the west.

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

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

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

Mr Clive Palmer Palmer United Party Admin@PalmerUnited.com

25 Hansard 27-1-1898 Constitution Convention Debates

35 Hansard 16-2-1898 Constitution Convention Debates

Hansard 19-4-1897 Constitution Convention Debates

G. H. Schorel-Hlavka O.W.B. (Gerrit)

MAY JUSTICE ALWAYS PREVAIL

You might also like