Council trespasses and redefines personal possessions to "Illegal waste"

Council and Planning Minister Hazzard have said that “overlays” are not a threat to home or land owners, and that they are only an “indicative” of potential environmental concerns.

However they might have a hard time trying to convince the elderly disability pensioner, who owns this small rural residential block in Bingi in the Eurobodalla shire. (or her even more disabled husband)

 

  It all began when a council dog-catcher entered over their locked gate while they were away, taking photos of their personal possessions surrounded by re-growth, and utilizing informal overlay maps to serve the owners with a “prevention notice” alleging ‘potential’ pollution.  

Council produced overlay maps indicating they ‘may’ have acid sulfate soil, and be “sensitive lands”. Despite council not even being able to produce an official NSW planning generated map of acid sulfate soils for the court.

 

 However council testified In court that the defendants ‘did’ have acid sulfate soil in contact with metal, and contended that it may somehow react with metal “waste”, like their working tractor, boat, caravan, shipping containers, ride on mower, building materials, BBQ and artworks etc, and cause pollution.

.

 The court agreed with this, and stated that councils now have the power (under the POEO ACT) to redefine any such personal possessions as a “illegal waste” as long as council deem them to be old, weathered or derelict. It was apparently also agreed that the owners had too many such possessions, and therefore it was deemed to be an “unlawful waste facility” (a criminal offence).

 

 Council also stated in a letter to the couple that their possessions could damage the native vegetation by casting a “shadow” on the vegetation.

 

 On Monday council cut through the locked gate chain of their property (obviously thoughtful not to bother the owners) to prepare to remove the “waste” at the owner expense using contractors. I happened by to capture the moment of their victory on camera.

 

Ironically the owners got their professional soil test results back the same day, and apparently there is no acid sulfate soil. Slightly alkaline actually, with ph of 9.

Another irony is that the lady owner is an artist, sculptor and teacher in the use of recycled products (having exhibited all over the world)

So presumably, any Farm or home owner in the State who is either E-zoned or overlayed, with possessions that are “old or weathered” are now potential criminals!

PS. The council failed to produce three quotes from contractors, which was required by the court to be shown to the landowner. Or get the owners “agreement” for the (unseen) contract, as was also required.

The contractor has now started and has also taken items specifically exempted by the court (such as a registered trailer!).

Council have already run up a bill for them of around $100 000, and counting.

Does anyone know a sympathetic lawyer who could put a stop work on this disgrace?

 

 

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Comment by dallas spencer on September 30, 2012 at 6:02pm

Has anyone read the "Judgement Rumble v Liverpool Plains Council" 24 pages?

There are a lot of similarities in the story, however the Council came off 2nd best

Comment by Damien Rogers on August 28, 2012 at 6:56am

Hi Rob, Im running with a group, and there are other groups like ours. The people seem determined to get rid of the old councillors, as our shire has the most people running in NSW they say. 54 for councillor and 21 for mayor. Lismore has a lot too.

Anyway Im sure if the good people get in, this case will be turned back against the crooked staff, and the lady will not be paying a cent. (remember they are trying to add the cost of a whole contract crew now as well as the $100 000!)

Comment by Rob Moore on August 27, 2012 at 7:36pm

Damien- typical that it would require six of them to breach the locked gate- they are so brave - the kind of people that built Australia and fought for OUR freedom- I don't think.

 

Assuming that this crew will be obliterated next council election - surely the $100000 fine can't be allowed to stand????

Comment by Damien Rogers on August 27, 2012 at 8:53am

PART TWO--- The parallel HYPOCRISY  of council, and why they contacted me.

 

Ok, now that you have absorbed the first half of this story. I will reveal how this started, and the parallel hypocrisy of council that explains my involvement.

 

Now you may recall me revealing how I broke a story in December 2009, where I caught council itself dumping tens of thousands of tons of building waste into a steep forest ravine on the edge of the Batemans Bay CBD.

(see attached photos of this council dumping)

Council at first tried to deny it was even them, despite the dumping being in their own security fenced depot yard.  Open to a state forest deep ravine at the rear.

What council had been doing illegally for years was using building waste, and other waste like old car bodies and even apparently asbestos sheets to slowly fill in this ravine to build a large yard for themselves out of rubbish.

 

A councillor even revealed to me later that it looked like the ravine they were dumping into was not even owned by council, and was actually State Forest.

So council did a quiet deal with them apparently and kept trying to lie publicly about the dumping, and what had been dumped over the years. But I kept proving they were lying.

 

So that’s why this couple first contacted me. They kept reading the story and couldn’t believe councils hypocrisy. As their prosecution for having personal possessions started within a month or two of me revealing councils huge illegal dump.

 

Now the current attack on them was not the first either. It really stems from an earlier one at their residential home in Broulee. This home was in the husbands name, and the little rural block is still in hers.

 

As I mentioned earlier, the lady is a sculptor and artist, eg. making sculptures in her back yard and exhibiting all over the world.

But then they put in an application in to council for an extension to the back of their house, and started to collect new and recycled building material for the extension. One of the items were a couple of new telephone poles to use for building a deck. So being very long, they were put up the side of the house and were visible from the front yard.

 

Next door is a two story building that looks into their back yard from one side, and is rented out to tourists by the owner for several thousand a week during peak season (as it’s a very popular coastal village). What the couple suspect may have happened is that, seeing a build up of such material, someone may have said something to a councillor or the dog catcher.

 

So the dog catcher came into their back yard while they were out and took photos, and that’s where the council attack started.

 

Now the owner is not one to be told that her art is “waste”, and despite being a disability pensioner, she took council to the land and environment court and began to fight them for her husband.

 

This started a protracted legal battle with council, and is why we suspect that the same dog catcher sort out her little obscure rural block, and jumped the locked gate to go in there and get photos there also.

 

Ive been told this dog catcher created a lot of trouble and embarrassment for council with similar incidents elsewhere, and also had an embarrassing court history which was coming back to haunt council. So later he was quietly let go somehow.

 But none of this, or councils own dumping’s, or revelations of their cover ups and continuing misleading public statements diverted council from their persecution of the couple.

 

I even revealed how council had been give permission from the DECCW to investigate itself, and what it had dumped (despite my proving they had repeatedly mislead the public in media statements, and were continuing to do so.

The DECCW then also approved council giving the job of doing the investigation of what was dumped to the actual council executive who had been in charge of the dumpings!

He then declared in his report that the waste was in fact “clean fill”, despite the excavator contractor who did all the test holes revealing to me that councils whole yard was full of this waste.

 

Council then approved their mega illegal waste site in a retrospective DA, straight after approving their perverted LEP in the same meeting last December.

The couple then lost both cases, and now are supposed to pay council over $100 000 dollars, and pay to have their possessions taken to the tip by these contractors.

However it seems council have not followed the very specific court orders for doing this, and the contract looks like it may be invalid. So I am now trying to help them get a stop work on the site.

That’s about it!

PICTURES OF COUNCILS ILLEGAL DUMP AND YARD BUILT ON WASTE.

 

 

Comment by Damien Rogers on August 26, 2012 at 11:47pm

Hi Vivienne,

Creating overlays and e-zones does make more land subject to the native vegetation act, and other acts. But no, this was all designed to destroying private property rights, and even our basic human rights. Our local council stated what they have done in a "plain english Q&A. They said that the people no longer have "access" to many common law rights. ie. They cant take them away without changing the constitution, so they just blocked our "access" to them.

Thats why things are becoming ever more extreme. This trick was last tried by the english parliament in the 1600's, and it ended in a bloody civil war!  

Comment by vivienne skeen on August 26, 2012 at 10:25pm

Hi Damien

Have I got this right? what has happened here is part of the Vegetation Act? for the Kyoto Protocol?

Comment by Damien Rogers on August 26, 2012 at 6:51pm

During our recent fight over the LEP, there were several incidents where people (and groups) bravely came forward 'publicly' to reveal intimidation from council. Yet no action was taken. This case does have a story behind it, which seems to indicate they were being punished for resisting an earlier injustice by the same dog catcher. Most businesses and tradesmen in our area will privately talk about incidents of intimidation and retribution by council, and tell how this has been council culture for generations. But believe it has become so bad that many have now just had enough, and such stories are stating to be aired publicly (even by buying full page adds to bypass the frightened media). The interesting thing is, council has not even bothered to deny several incidents that were published like this in the local papers!

Here are a few more photos 

Comment by Rob Moore on August 26, 2012 at 5:24pm

Stephen,

             You are spot on re that council. Just talking to Damien and this is the LINE IN THE SAND- the council has been way out of line acting unlawfully and the whole lot must go @ election time.

This story is so toxic -I can hardly believe it.As Damien said - he is a lib voter and his father helped with the party work and to cop this nonsense from this Brad Hazzard is  just not on. As Tony said at another comment - O'Farrell has given Anna Bligh and her appendage Greg Withers some sort of junket down there. Good riddance but one would have to ask WHY?

Comment by Stephen Cox on August 26, 2012 at 4:20pm

This does not surprise me does anyone remember the previous posting about Eurobodalla shire Council regarding the Greens using a loophole to flood the Council regarding the implementation of LEP's.

I along with others responded by sending a submission into the Local Council which is like so many others Greens controlled many are unaware that Eurobodalla is likely a test case for more implementation of UN Agenda 21.

This is a fight that needs to be Won now otherwise we will continue to fight Brush fires all over these Greens are the modern day Arsonists operating like the Gillard Labor stooges on a Scorched earth policy,They have to be Legally bludgeoned into submission there is no other way Legal approaches seem ideal in this case because they have as usual run roughshod over Legal rights of the Citizen concerned and on top of that ignored Court orders and falsely made statements to a Court.

In this regard the Courts absolutely hate Politicians who try to circumvent or treat Courts with Contempt as is the Case here,Nothing like a Turf War to get the Legal fraternity on your side and someone will likely step up to act pro bono for the defendants as this is so blatant an abuse of power heads should roll.

Remember it is also NSW Council elections September 9th so they will hate negative publicity and this can be the impetus to disenfranchise the Greens in that area once and for all.

Comment by Damien Rogers on August 26, 2012 at 2:54pm

Hi Kate and everyone, yes it has been sent to 2GB my myself and Tony Howard (as he mentions below). But the more the merrier! No farmer (or even home owner) is safe if they can get away with something like this. There is a lot more in this story than I wrote. For example, the dog catcher that started this had previously done the same to their current urban home, which is in the husbands name! (going into their back yard with a camera while they were away, etc) and when they resisted council by fight it in court, he 'somehow' found their obscure little 7 acre block in another part of the shire, and did it again.

This story has to get out! 

Honest Government, Fair Rights to property and compensation, Australia and our people strong and proud, reinstatement of values and respect

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