Australian Reform Party
PO Box 310
Epsom VIC 3551

Secretary:
Ian Dean email 

"Accountable Representation for the People"

News and Opinions

Opinion on the Water Crisis

Fox Bounty needs to be extended

Bio Fuels to be Taxed!

Cultural Heritage or Sport?

Property Rights

 

 Opinion on the water crisis

 

Overflowing my limited brain, dreaming about water, it's giving me the pips

Put the price up, rainfall down, but look carefully, some areas have cyclone hits

An advertisement on the back of 1960s Weekly Times, 1 think with a picture

For Caterpillar said "There is enough water in this country.  Dam it!"

 

Damn it!  The Docomgrens (Do-gooder communist greenies) they say no!

Mr Beattie is trying to, and needs to, but that's kicked up a fuss

A while back we had Cyclone Larry, this knocked the banana flow

Affected our tummies and wallets, yes, that caused a rumpus.

 

Innisfail also recently had rainfall of inches to fill their tanks So build a few low wall dams to hold some of this water still Get plenty of experts and surveyors to really study some maps And remember, my mum said water did like to run downhill

 

My 1950s Ampol road map and borrowed 1982 Macquarie show Great Dividing Range

Between Cairns and Innisfail, Bartle Frere, elevation reads 1,611 metres

Below Townsville, Mt Elliot 1,234m; west of Mackay, Mt Dalrymple 1,259m

Probably lost you by now, but 1 will dream on; it might make sense.

 

Toowoomba had a referendum recently about recycling wee and poo

South of Kingaroy for Toowoomba, Brisbane and the Gold Coast

Sits Mt Kiangalow 1,135m, Bald Hills No. 2 at 783m north of Toowoomba

Mt Mistake 1,013m south of Toowoomba.  Mistake all right but elevation 1,000m will do.

 

Now back to North Queensland, low wall dams start to use their fame

With solar powered day time or hydraulically operated pumps full time

The dammed excess water, shift it, lift it, Cairns/Innisfail 1,300m on the range

Into small pressure dams like your overhead cold/hot water tank in line.

 

Mr Richard Pratt (Visy) would work this out, and put in a big poly pipe

Joining up between the high spots, running along rivers, roads, railway lines

Crossing private property, this will be hard, cause a stink, right!

Nearly forgot the native title, had the water running, stop here, fine.

 

Dropping slowly, but filling existing reservoirs on the way, with impossible state co-operation

Near the Snowy Mountains Mt Kosciusko 2,228m, Mt Bogong 1,986m

At 1,500 m a deep pressure dam for excess, even be sent inland; need to turn a few taps

Sealing the pipeline, water would even level back to Bartle Frere, Cairns at 1,300m.

 

From Snowy to Eildon, running it by small poly pipe into the Waranga Basin

Remember this is Goulburn water, Bracks is gunna try and pinch for Bendigo

Experts craving to pump it to Ballarat, with consultants striking bingo

How water got so low before strong restrictions, more experts will know.

 

Use Great Dividing Range at Leonards Hill, roadside sign says 717m height

Mt Warrenheip is 741 m but White Swan is below, 540m, Lal Lal 430m

Enough clues. now, overloading, it's getting hard, Grampians 800m to 466m

Rocklands Reservoir at about 200m even dig Hindmarsh deeper, pump back.

 

This nowadays will need many computer simulations, print-outs and studies

More politicians, experts, committees, consultants, surveyors and lobbyists

Maps might even show other areas, Ord, Hamersley, Flinders Ranges

But this eased my brain pressure, dam, lift, pipe system, might work there too.

 

Years ago our parents said we had something called commonsense

To use it, add nous, maybe lateral thinking and even a bit of cunning

If possible initiative; and some teachers said times fast-moving, keep thinking

The computer has none of these buttons, so just leave the excess water running.

 

Donald J Stalker

 Top

 Top

 Fox Bounty needs to be extended

We congratulate the State Government on its policy to continue the fox bounty in type. But we would encourage the government to reintroduce the real bounty immediately and extend it to other feral animals, including such species as feral cats, sparrows and starlings.

 Not only does the bounty provide a financial incentive for species specific vermin control, it also has other health and social benefits for society.  For example, fox drives attract many older people out into the bush environment and promotes healthy social interchange and beneficial exercise.  The indirect financial benefit to government and society, far out weighs the relatively small amount paid out in fox bounties.  To participate in fox drives, hunters are contributing significantly to the economy, in purchases of food, clothing, fuel and ammunition, that also outweigh any fox bounty payments.

Finally, there is evidence that baiting is not 100 per cent species specific, with reports of native wildlife being decimated around baiting sites.  For example, significant amounts of dead stump tail lizards and the absence of birds of prey.

Ian Dean

Top

 Hunting - Cultural Heritage or Sport?

For me this question is easy.  Hunting is a part of my cultural heritage and is in no way a sport.  Target shooting is sport, going out to shoot a few ducks or rabbits is fulfilling a need, not just to gather food but also to maintain my hunting heritage.

You may be asking what point am I trying make.   Well I have changed anti-duck hunters around with the argument that hunting is my cultural heritage.  It's hard to say you are just perusing a sport, it just does not rub with the anti's.

If the hunting heritage issue is not working with the antis, I use our indigenous brothers to help my argument.  For example, if the anti rejects the cultural heritage argument then I tell them that they then would not support the rights of all Australians to continue their hunting traditions.  This usually wins the argument.  I ask them what is the difference between our ingenious brothers' right and need to hunt to that of other sections of the Australian community having the same right and need?

Always support Australians right to hunt.  It is the right thing to do for indigenous Australians , and it also helps maintain our rights.

Some people say they don't have to justify their actions to anyone.  That may be morally right, but when the anti groups are pressuring politicians and convincing the public that any one who hunts is an ogre, it is time to stand up for yourself.

Never be afraid to let people now that you go hunting.  A lot of people have the misconception that any one who hunts in an ignorant right wing red neck.  It often surprises people to find out that people from all walks of life, men and women, politically left, right or indifferent, go hunting.

So let people know that you go hunting and the reason why.  If they do not know you hunt, then they may think that banning hunting will not effect anyone much.  Remember that you not only hunt and vote but you are maintaining your cultural heritage.

Simon Dillon

 Property Rights

 

Freehold land or Fee Simple. From HCA Isaacs 1923 and Kirby 1998(Sept)

 In the case of Vigers v. Dean of St. Paul's[46] Henry VIII. and Charles II., as well as other Sovereigns, were alleged to be seised of lands "as of fee." In Challis's Real Property, 3rd ed., p. 218, it is stated with perfect accuracy:-

"In the language of the English law, the word fee signifies an estate of inheritance as distinguished from a less estate; not, as in the language of the feudists, a subject of tenure as distinguished from an allodium. Allodium being wholly unknown to English law, the latter distinction would in fact have no meaning. A fee simple is the most extensive in quantum, and the most absolute in respect to the rights which it confers, of all estates known to the law. It confers, and since the beginning of legal history it always has conferred, the lawful right to exercise over, upon, and in respect to, the land, every act of ownership which can enter into the imagination, including the right to commit unlimited waste; and, for all practical purposes of ownership, it differs from the absolute dominion of a chattel, in nothing except the physical indestructibility of its subject.

 

The People's Mandate

 

The issue of a 'People's Mandate' relates to advancing the position that the People are Sovereign over the Parliament. The government of the day is the servant of the Sovereign People who create it. A petition by the People to the government is but a plea, and carries no weight other than to inform the government of the views of a group of people. A 'People's Mandate' is quite different in that it is a direct order or instruction from the Sovereign People to their servants, the government, to do or not to do a specific thing. A government ignores a 'Mandate' at their peril, for if a direct order from the majority of the Sovereign People in the affected area (in this case, the shire) was to be ignored, the government have ceased to be the servants of the People and have usurped power and authority not vested in them. Any government who were to commit such an act would abdicate their role as the government of the People.

'The supreme, absolute and uncontrollable authority remains with the people.' and 'The members of that body are called the "sovereign people", and every citizen is one of this people and a constituent member of the sovereignty.' Ref P286, The Annotated Constitution of the Australian Commonwealth, Quick & Garran.

 

Land Rates & Taxes

 

High Court Rulings must be enforced by law, 1903 Judiciary Act Section 15

 

High Court rulings -‑ Mabo & Others ‑v‑ Queensland, NSW ‑v‑ Commonwealth

 

Quote from Quick & Garran.

"Not all enactments purporting to be laws made by the Parliament are binding, but all laws made under, in pursuance of, and within the authority conferred by the Constitution, and only those, are binding on the courts, judges, and people. A law in excess of the authority conferred by the Constitution is no law; it is wholly void and inoperative, it confers no rights, it imposes no duties, and it affords no protection. Few know that our laws were taken from Canada, USA and Switzerland etc, for the very interpretation of those laws one must see the court cases won and lost in the highest courts in foreign lands, our forefathers made sure that we got the best laws from the best countries.

 

(5) There is Federal law

          Paragraph 51 of the Australian Constitution limits Federal laws, if 51 does not specifically delegate a power to the Commonwealth then the House of Representatives cannot make laws on those matters. If laws are made they are of no effect and need not be obeyed. Half of the Federal laws have no effect.

 

There is State law

          The States were autonomous, so no single entity could get power but they are subservient to all of the above as reaffirmed in the Legislative standards act which states:

 

S4 of the Legislative Standards Act 1992 as "Fundamental, Principles" which are the principles relating to legislating that underlie a Parliamentary Democracy based an the "Rule of Law"; One of those principles is that legislation should "not adversely affect rights and liberties retrospectively".

 

This means that freehold land acquired under a previous act must continue to have the same rights and privileges that existed under the land act irrespective of amendments to the act. The land, water, air and trees were yours and still are. The Government cannot take your right to use the water, trees, lawfully it is yours to use as you see fit. They do not have a say.

 

Full force of the Australian Constitution is outlined. The Annotated Australian Constitution by Quick & Garran provides us with laws a plenty to prove that the States cannot take control of the soil, water, buildings and vegetation on freehold land and fee simple land.

 

Victorian Legislation

 

The Acts Interpretation Act 1954 defines enactments in force and includes (pages 8 ‑‑ s9 Para 6) (a) A British or NSW act that is in force in as.ppp This means that the Magna Carta 1297 and the Bill of Rights 1689 must be interpreted as written. They are in force and listed as such in the Imperial Acts Application, No 70 of 1980. Every other state has similar legislation listing the enactments that can't be removed.

 

The Acts Interpretation Act also limits the power of the current Government. At page 8 -‑ 9 para 9 (1) a. it stipulates that, an act is to be interpreted as operating to full extent of, but not to exceed, parliaments legislative power.

 

What does it all mean?

 

It means the Politicians cannot seize property, to take control of your property, even if they make laws to that effect. The laws are not valid, it means that the politicians are subservient to the will of the people.

Land held in fee simple was handed down by King James and is incorporated in the "Coronation Oath"; the Queen can't ascend the Throne unless she agrees to uphold the Oath.

 

The full Supreme Court of NSW held that feudal system of land tenure, and with it the principle that land is held "of the Crown" was part of law of New South Wales. Even today a person who owns land is properly described "as holding the land of the Crown in the right of the State of New South Wales."

 

(444) Quia Emptores 1290 and the Tenures Abolition Act 1660 were part of the English law received into New South Wales. It follows that subinfuedation existing in this country. 48 The two statutes were formally repealed, in so far as they applied to New South Wales, by the Imperial Acts Application Act 1969 (NSW). However their substance has been preserved by the same act section 36 provides;

 

"Land held in fee simple of the Crown may be assured in fee simple without license or fine and the person taking under assurance shall hold the land of the Crown in the same manner as the land was held before assurance took effect.

 

Section 37 provides:

All tenures created by the Crown upon any grant in fee simple made after the commencement of this act shall be taken to be in free and common socage without any incident of tenure for the benefit of the Crown.

 

In Queensland they have a land act, similar legislation in Victoria. South Australia and New South Wales, section 21 of the Queensland Land act states that a person holding property in fee simple is assured of holding such property without license and fine.

 

Section 29 of the Queensland Land Act 1974 states that a person holding a parcel of land is assured under fee simple tenure of all the rights of "disponer", and that terminology the disponer is referring to the Crown, so all the rights of the disponer are transferred to the disponee which is the purchaser. That is binding on the Sovereign, Heirs and Successors.

 

So when we look at that in total the Property Law Act tells us that our freehold land is created in fee simple, its created without benefit to the Crown, other than the aforementioned reservations, that as the owners of that property we hold that property without license or fine and we are also assured that each time the land is transferred that all of the rights of the previous owner are transferred to the new owner.

 

I know at times we all complain about paying stamp duty, in fact the payment of stamp duty is in fact a payment contrary to fee simple tenure because it is a title without benefit to the Crown and without license or fine. The transfer of land title cannot bring about a fee, note fee simple. Stamp duty is in fact a fee.

 

Top

Authorised by: Ian Dean, Goynes Rd Epsom.