20161021-G. H. Schorel-Hlavka O.W.B. To The Secretary Environment and Planning Committee-Supplement 4

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The Secretary Environment and Planning Committee

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21-10-2016
Parliament House, Spring Street

EAST MELBOURNE VIC 3002
Phone: 03 8682 2869
Email: epc@parliament.vic.gov.au
SUBMISSION Supplement 4
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Re: 20161021-G. H. Schorel-Hlavka O.W.B. to The Secretary Environment and Planning Committee-
Sir/Madam,
Further to my 17-10-2016 submission and 18-10-2016 supplement 1 & 19-10-2016
Supplement 2 & 20-10-2016 Supplement 3 I desire to add the following;
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With Australia Post having decided to use different postal delivery times and not delivering
postal articles to properties that are in conditions such as Berriwillock, then the Country Fire
Authority Act 1958 (and so any other Act) to refer to 7 days notice, etc, clearly is unreason able,
in particular where the sender may not even forward the document on the very date it is dated.
This also means that any objection to any Fire Prevention Notice should be allowing for the
postal times and as such should be no less than 21 days.
QUOTE 20150101-Schorel-Hlavka to Buloke Shire Council care of J Groves
WITHOUT PREJUDICE
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Buloke Shire Council

C/o J Groves
C/o buloke@buloke.vic.gov.au
1-1-2015
Re: Infringement Notice -Fire danger etc
Sir/Madam,
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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
which some are set out below.
END QUOTE 20150101-Schorel-Hlavka to Buloke Shire Council care of J Groves
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Not until 30 May 2016 was it that Counsel for Buloke Shire Council stated that the request to
withdraw was refused/denied by some committee. It was unknown who this purported committee
is and what, if any, legal position it has within the provisions of the Country Fire Authority Act
1958. Further, where a person targeted with a Fire Prevention Notice has made an objection to
withdraw or otherwise the Fire Prevention Notice than any period of compliance must be
extended by the period when the applicant making the request is provided with any refusal to do
so. As such a refusal should be forwarded by registered mail to be signed for and by this the date
of collecting/receiving the document when signed for should be deemed the date where the
original time period in the Fire Prevention Notice commences from.
In my case I made a request to have a Fire Prevention Notice withdrawn and never received the
responses, where as in court it was claimed I even responded via email, this even so my records
shows I never did so nor was there any documentation filed in court I did respond via email and
p1
21-10-2016
G. H. Schorel-Hlavka O.W.B.
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2
as such merely a statement made from the bar table on 30 May 2016 about 18 months after the
request was made! The very reason the Parliament provided for a right to have the Fire
Protection Notice to be withdrawn is to give the person so targeted an opportunity to dispute the
validity or otherwise of it. Hence to ignore the time delay in the processing of such objection
would be a ridicule to the intention of the Parliament.
It also has been shown that the magistrates Court of Victoria and also the County Court of
Victoria hold that evidence is not required for finding a person guilty.
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Hansard 8-2-1898 Constitution Convention Debates

QUOTE
Mr. OCONNOR.-No, it would not; and, as an honorable member reminds me, there is a decision on the
point. All that is intended is that there shall be some process of law by which the parties accused must be
heard.
Mr. HIGGINS.-Both sides heard.
Mr. OCONNOR.-Yes; and the process of law within that principle may be [start page 689] anything
the state thinks fit. This provision simply assures that there shall be some form by which a person
accused will have an opportunity of stating his case before being deprived of his liberty. Is not that a
first principle in criminal law now? I cannot understand any one objecting to this proposal.
END QUOTE
Clearly, having court orders issued without s shred of evidence and with a party being absent due
to illness fails to comply with the legal principles embedded in the constitution to which the
States created in s106 are bound by subject to this constitution.
Likewise the issue of court proceedings not being the court within the residential area of the
alleged offender or in the area of the alleged offence but so in a court venue deliberately chosen
to be as difficult as possible for the alleged offender to attend to should not just be deplored but
outlawed. This is however the tactic that was employed by Buloke Shire Council and its legal
representatives.
Hansard 1-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE Sir HENRY PARKES
It is an organism, as I have tried to explain, for protecting each individual citizen in the undisturbed
possession of his property, in the undisturbed possession of his liberty, and from my point of view the
expense of that government ought to be defrayed in the easiest manner and only to the extent which is
necessary for that purpose, and that taxation is unjustifiable for any other purpose whatever.
END QUOTE
Landowners who have a title ought to be free from harassment/terrorism such as I view pursued
by Mr Wayne Wall. It is one thing to have a Country Fire Authority Act 1958 as to seek to
safeguard the community from any realistic fire danger but it is another thing where the
delegated powers is fa beyond this and is manipulated to exert upon land owners demands that
are not in law justified.
The demanded condition to have growth cut down to100mm has in my view no legal justification
nor makes any fire prevention sense, this as ordinary plants and trees could be a fire hazard and
as such a competent Municipal fire protection Officer would and should be able to assess what is
a real possible fire danger and provide a Fire Prevention Notice that is specifically relating to the
property concerned and not merely some general statement applied to any property.
For example removing all combustible material implies that all firewood on the property must
be removed during the fire season. In my view this is utter absurdity.
If then the landowner is to make a so to say judgment call what is or is not to be included as
combustible material; then where does the Municipal Firer Protection Officer stand when not
having defined anything?
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This was precisely the issue I raised before His Honour Carmody J on 30 may 2016 but which I
view His Honour Carmody J really failed to comprehend or simply wasnt concerned to deal
with legal technicalities which might have been beyond his comprehension.
Because most of my submissions were provided to the court as written submissions in
documentation titled ADDRESS TO THE COURT I have obviously an accurate record of
what I placed on each occasions before the court.
I may add that if this Environment and Planning Committee were requiring copies of the same to
really try to understand what went so wrong in the litigation then I can provide them in electronic
manner. I did explain to the court that I would include the matters of the litigation in my
forthcoming book
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Perhaps this is also why His Honour Carmody J doesnt want me to be able to publish the
(missing) Reason of Judgment and transcript/audio recording with His Honour statement You
are not going to suck me in.
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QUOTE In the Marriage of Tennant (1980) 5 FLR 777 at 780

As no grounds for appeal are required to be specified in the notice of Appeal, which, on filing institutes the
appeal (reg 122), there is no limitations of the scope of the appeal and all findings of fact and law made in the
lower court in relation to the decree appealed are in challenge and cannot be relied on by the appellant or the
respondent. All the issues (unless by consent) must be reheard. This of course brings me to the point of the
absence of reason for the magistrates decision in this case. Perhaps reasons were given orally but not recorded
for the record. Apart from the requirement of such reason for the purpose of the appeal process, there is the
basic ground of criticism that litigants who go to court, put their witnesses up, argue their case and attempt to
controvert the opposing case are entitled to know, if they lose, why they lost. If they are given no reason they
may be entitled to feel the decision against them was conceived in prejudice, bias, or caprice. In such a case
not only the litigant, but justice itself, is the loser.
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Magistrates should realise, even more than they seem to do, that this class of business is not mere ordinary
trivial work, and they should deal with these cases with a due sense of responsibility which administrations of
the summary jurisdiction Act and the far reaching consequences of the orders that they make thereafter entail.
[Baker v Baker (1906) 95 LT 549; In Robinson v Robinson (1898) p135; and again in Cobb v Cobb (1900)
p145] it was stated that when making orders of this kind, from which lies an appeal to other courts, it is the duty
of the magistrate not only to cause a note to be made of the evidence, and of his decision, but to give the reasons
for his decision and to cause a note to be made of his reasons... Elaborate judgements are not required, but
the reasons which lead the magistrate to make his order must be explicitly stated.
END QUOTE
How can it serve the general community when a court refuses to follow proper legal procedures
and refuses to provide sealed orders, reason of judgment and transcript/audio recordings?
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Ambard v Att Gen for Trinidad and Tabaco (1939) AC 322 at 335
QUOTE
The basic of the right to fair comment is the Right of Freedom of speech and the inalienable right of
everyone to comment fairly upon matters of public importance.
END QUOTE
No wrong committed in criticism of administration of justice:

LORD ATKIN in AMBARD v ATTORNEY-GENERAL for TRINIDAD and TABAGO (1936) A.C. 332, at 335
QUOTE
But whether the authority and position or an individual judge, or the due administration of justice, is concerned,
no wrong is committed by any member of the public who exercises the ordinary right of criticising, in good
faith, in private or public, the public act done in the seat of justice. The path of criticism is a public way, the
wrong headed are permitted to err therein: provided that members of the public abstain from imputing improper
motives to those taking part in the administration of justice, and are genuinely exercising a right of criticism,
and not acting in malice or attempting to impair the administration of justice, they are immune. Justice is not a
cloistered virtue: she must be allowed to suffer the scrutiny and respectful, even though outspoken, comments of
ordinary man
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END QUOTE
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The right for the public to be informed about the judicial process being properly applied or acts:
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THE COMMENTS OF SIR JAMES MARTIN C.J., IN THE MATTER THE EVENING NEWS (1880) N.S.W.
LR 211 AT 239.:
QUOTE
The right of the public to canvass fairly and honestly what takes place here cannot be disputed. Our practice of
sitting here with open doors and transacting our judicial functions as we do, always in the broad light of day,
would be shown of some of its value if the public opinion respecting our proceedings were at all times to be
rigidly suppressed. We claim no immunity from fair, even though it be mistaken criticism.
END QUOTE
.
As to value of criticism, keeping judge subject to rules and principles of honour and justice;
(a)
(b)
(c)
(d)
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R v FOSTER (1937) St. E Qd 368

Re WASEMAN (1969) N.Z.L.R. 55, 58-59
Re BOROVSKI (1971) 19 D.L.R. (34) 537
SOLICITOR-GENERAL v RADIO AVON LTD (1978) 1 N.Z.L.R. 225, at 230-31
A compliance date of 7 days if so stipulated in a Fire Prevention Notice for any absentee
landholder is in my view also inappropriate in the circumstances that even without any objection
filed it may take a week before Australian Post delivers. If an absentee landholder receives the
Fire Prevention Notice then to try to organise someone to do the job may itself take a further few
days, as contractors may not be ab le to do so immediately.
Mr Wayne Wall during cross-examination when His Honour Carmody J asked him a question
what happened with the contractor, his evidence was that the contractor refused to do the job. If
as contractor can and does refuse to do the job when asked by the Municipal Fire Prevention
officer then surely the same can eventuate with a request by a landholder. Indeed, a contractor
may be so to say flat out with jobs already booked that no matter what he cannot attend to add
further properties.
The real problem is the wording of the Fire Prevention Notice that really is in a manner to seek to
micro-manage a private property rather than to ensure fire hazards being attended to.
Where is the evidence that any growth over 100mm is more dangerous than 110 mm or 120 mm
when VicRoads and/or Buloke Shire Council has it in excess of a metre or more along a very
busy Calder Highway for more than 100 kilometrers?
.
I reproduced below a copy of a 21-10-20126 correspondence to Mr Wayne wall and it contains a

photo taken on 9 October 2016 at 09.39.25 which clearly shows the property has been slashed,
versus for example a photo taken at Nullawill 7 October 2016 at 19.05.35 and the photo taken 7
October 2016 at 17.43.14 at Marmal Creek sign
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Considering that the photo of my property was taken mid-work and I am still going back to it to
finish the job versus what is shown to be along the Calder Highway then surely one has to ask
what competence does Mr Wayne Wall as Municipal Fire Protection Officer poses to make a call
as to what is a fire danger or not when he cannot even manage for years and years to control
growth of the nature as shown along Calder Highway that is under his control and forms part of
his duties and obligations?
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No matter how this Environment and Planning Committee may make decisions/
recommendations in the end all you need is a person like Mr Wayne Wall as a Municipal Fire
Prevention Officer and all the hard work and conscious preparations are down the gurgle.
That is why I view my submissions are critical for consideration so the Environment and
Planning Committee can consider realistic issues based on facts and may then make appropriate
commendations how to deal with them.
Below the 21-10-2016 correspondence to Mr Wayne Wall that was emailed to him earlier today.
.
QUOTE correspondence 20161021-G. H. Schorel-Hlavka O.W.B. to Mr Wayne Wall MFPO
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Mr Wayne Wall Municipal Fire Prevention Officer
21-10-2016
Email: buloke@buloke.vic.gov.au
Wayne,
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I today received what purports to be a 17 October 2016 dated Fire Prevention Notice
regarding my property at 10 Anderson Avenue Berriwillock, and hereby request this to be
withdrawn. I will below outline certain matters that also may be considered in that regard.
.
Also I below have made request as to information/details/documentation/etc and where you
refuse to provide this or any of it then consider it to be a request within the provisions of the FOI
Act and I request a waiver/remission of charges/fees for the application and the cost of providing
such information/details/documentation/etc considering also that certain information/details/
documentation/etc relates to the evidence you gave in 30 May 2016 proceedings, etc before His
Honour Carmody J in the County Court of Victoria
As a senior citizen, I am the holder of a pension card 301-602-799V
I have made a submission (that was accepted) and further supplements to the Environment and
Planning Committee which I understand is investigation how prepared the State is regarding the
coming fire season and have recommended that the function of a Fire Prevention Officer should
be executed by a competent person such as an experienced Captain of the local Fire Brigade.
It is my view that the purported 17 October 2016 Fire Prevention Notice is a clear example of
what I consider to be your gross incompetence and persistence to pursue me and likely numerous
other land holders in an unreasonable manner. Hence, a copy of this correspondence will also be
provided in 20161021-G. H. Schorel-Hlavka O.W.B. to The Secretary Environment and
Planning Committee-Supplement 4.
By your evidence (on 30 May 2016 before His Honour Carmody J) during my cross-examination
you stated that the GPS of the initial inspection that resulted to the issue of the Fire Prevention
Notice was wiped out (my words but to that effect) as because of the subsequent inspection on 17
November 2014. Your evidence also was both in evidence in--chief as well as during my crossexamination that the GPS locations showed where on 17 November 2014 photos were taken.
You may recall His Honour Carmody J then interrupting commenting that photos had a comment
that the GPS was not working.
Nevertheless as you clearly claimed that the GPS was overridden by the 17 November 2014
subsequent photos then this implies that photos were taken on the initial date of inspection, albeit
none where then produced. I now request you to provide me with copies of those photos, as after
all your claim that the GPS was wiped out (my wording but to that effect) then this means photos
were taken that day as to cause GPS to be recorded where the photos were taken.
I also request you to provide me with the relevant motor vehicle log book details that shows that
on that day in 2014 as well now in 2016 you did inspect my property in Berriwillock, as you
might be aware for taxation purposes and insurance purposes it is required that the usage of the
motor vehicle is recorded in a log book. You also gave evidence during my cross-examination
that you had written to VicRoads, however no copy was presented as evidence, I now seek you to
provide me with a copy of this alleged letter.
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Counsel for Buloke Shire Council when cross-examining me referred to alleged correspondences
which allegedly a committee had written to me refusing to withdraw the Fire Prevention Notice
and that I had emails upon them, to which I had made known I was not aware of the first letter
but the second letter might be. However, having checked my corresponding files I am unable to
locate any emails referring to those alleged correspondences of that committee and not having a
copy of them I request you to provide me copies of those alleged correspondences, copies of the
alleged emails of mine responding to them and copies of evidence that those alleged
correspondences of the committee were in fact sent out to me.
The above requested documents/information are to be considered a request within the provisions
of the FOI Act where you to refuse to provide them without any FOI Act request.
Because the Country Fire Authority Act 1958 requires the Municipal Fire Prevention Officer to
form an opinion then obviously if you didnt attend to the property for an inspection to issue the
Fire Prevention Notice then the legal requirement of forming an opinion cannot exist and for that
the Fire Prevention Notice would be without legal basis.
QUOTE Fire Prevention Notice (as yearly issued) up to 2016
Work to be Completed
Cut all grass, noxious weeds and undergrowth on the whole of the
block and naturestrip to a height of not more than 100 mm, remove all
combustible material from land including branches and prunings,
vegetation from the fence line by brush cutter.
END QUOTE Fire Prevention Notice (as yearly issued) up to 2016
QUOTE Fire Prevention Notice dated 17-10-2016
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block to a height of not more than 100 mm, remove all
END QUOTE Fire Prevention Notice dated 17-10-2016
I notice that you now omit the wording and naturestrip as I did expose during the hearings that
the naturestrip is not within the provisions of the Act. As such this is an admission by you or
deemed to be so that indeed the previous Fire Prevention Notices were invalid in law.
As I did provide in my written submissions in the document titled ADDRESS TO THE
COURT that naturestrip was not within the provisions of the Country Fire Authority Act 1958
then clearly the notice as I then also submitted was without legal force:
QUOTE 20160519-Schorel-Hlavka O.W.B. to County Court of Victoria-Re Written submission ADDRESS TO
THE COURT-APPEAL-15-2502 (Errors as to Protection instead of prevention have been left as such)
Project Blue Sky v Australian Broadcasting Authority [1998] HCA 28 (28 April 1998)
Dawson J pointed out in Hunter Resources Ltd v Melville when discussing the statutory provision in
that case: "substantial compliance with the relevant statutory requirement was not possible.
Either there was compliance or there was not."
The reasoning of Fullagar J in Clayton v. Heffron (supra) in relation to the provisions of s 5B of the Constitution
Act 1902 (NSW) is material in this context:
"A manner and form are prescribed by section 5B, and that manner and form must be observed if a valid law
is to be produced. Any prescription of manner and form may be repealed or amended, but, while it stands, the
process prescribed by it must be followed. That was decided Trethowan's case and I think that the whole of
what is prescribed by section 5B relates to manner and form. It does not seem to me to be possible to say that
some of the requirements of the section are matters of manner and form while others are not. The section
describes one entire process - a series of steps, one following on another - and only the completion of the
entire process can produce a valid law." (Supra at 262)
It would be an absurdity that Parliament provides for certain legislation and Mr Wayne Wall as
Municipal Fire Prevention Officer could willy nilly amend this on his own accord. Why have this
elaborate system of a Parliament at cost of billions of dollars when someone can circumvent this
upon his wimps?
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21-10-2016
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While His Honour raised the issue of the Local Government Act this clearly has been set out
extensively that this is unconstitutional and had His Honour read my written submissions in the
ADDRESS TO THE COURT such as 22 February 2016 and its supplements His Honour would
have been well aware of my set out.
Constitutionally local government is the State government and Central government is the
Federal Government and while the state can delegate powers it cannot create a level of
government not anticipated nor permitted in the provisions of the constitution.
Because to set this out at a Bar table verbally can be horrendous, in particular where I have
hearing problems (despite the yet again changed hearing aid systems) and also judges tend to
interrupt rather than waist for a few hours or days for me to explain it all verbally the ADDRESS
TO THE COURT is therefore the perfect vehicle to do so. Then again if a judge fails to consider
it then well as the Full court made clear a judge must consider it for judgment,.
As such having placed before the court this issue, as I did 10 years ago and not a single AttorneyGeneral then challenged my submissions including the section 78B NOTICE OF
CONSTITUTIONAL ISSUES then I am entitled that as at the time the Attorney-General Mr
Robert Hulls stated that the State of Victoria would abide by the decision of the court.
Mr Wayne Wall Legal Officer might be the legal officer of Buloke Shire Council as ES&a
Associates referred to representing him in the matter but that is for Buloke Shire Council, and not
as to representing Mr Wayne Wall as the Municipal Fire Protection Officer within delegated
powers of the Country Fire Authority Act 1958. As such the difference is clear the legal
officer can be to deal with matters of Buloke Shire Council by-laws but the Municipal Fire
Protection Officer is so to say a different category of fish. He cannot enforce council by laws
merely for being a Municipal Fire protection Officer. He may not need to be a lawyer at all but
an expert in firefighting to understand and comprehend the dangers associated with fires.
It would be absurd to hold that because Mr Wayne Wall might be the legal officer for Buloke
Shire Council than somehow he against a better legal position than any other person who is
appointed as a Municipal fire Protection officer such as a captain of a local fire brigade. No such
intention appears to have been presented by the Country fire /authority act 1958 and as such the
court cannot somehow put a meaning into that.
As my previous filed written submissions in the ADDRESS TO THE COURT extensively deal
with that then I am entitled to hold the court will know the difference.
While Buloke Shire Council is legally permitted to appoint whomever as a Municipal shire
Protection Officer within the meaning of the Country Fire Authority Act 19058 and it can
remove him as it pleases to reassign him. In fact they can sack Mr Wayne Wall for any wrong
doing it holds affects his position as a legal officer, it cannot however deal with a complaint in
relation to him as to the exercise of being a Municipal Fire Protection Officer.
There are good reasons for this.
After all the Country Fire Authority Act 1958 permits the Municipal fire protection officer to
take action against both the properties held by the State as well as council. Hence, any complaint
about his conduct must be dealt with not by the council but by the Officer of the country fire
authority and only upon submission to the Governor in Council can action be taken to remove a
Municipal fire Protection Office r from his position as to any alleged misconduct.
Parliament provided for this protection to ensure that the Municipal Fire Protection Officer
cannot be intimidated by the government or council for having at their cost dangerous areas
cleared. Therefore, as I recall it, whereas ES&a Associates claimed (in their correspondencereproduced in previous written submissions in the ADDRESS TO THE COURT) to represent Mr
Wayne Wall as the LEGAL OFFICER for Buloke Shire Council then clearly they do not
represent Mr Wayne Wall Municipal Fire Protection Officer acting under delegated powers of
the State Government: but any officer so nominated shall be subject to the general direction and
control of the Authority and the Chief Officer.
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Country Fire Authority Act 1958 No. 6228 of 1958
QUOTE
45 Power to Governor in Council to transfer municipal officers' powers
(1) Where the Governor in Council is satisfied upon a report of the Authority that the powers and
duties conferred and imposed by this Part upon the fire prevention officer of a municipal council
are not being properly and efficiently carried out in the municipal district of any municipal council,
the Governor in Council may by Order published in the Government Gazette direct that such
powers and duties shall for such period as is specified in the Order be vested in and imposed upon a
person nominated by the Authority for the purpose in respect of any part of the country area of
Victoria within the municipal district but any officer so nominated shall be subject to the general
direction and control of the Authority and the Chief Officer.
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(2)Upon the publication of any such Order the powers and duties of such fire prevention officer shall for
the specified period be so vested in and imposed upon the person named or referred to in the Order,
and the provisions of this Division shall with the necessary adaptations be read and construed
accordingly, and the expenses of the carrying out of such powers and duties, as determined by the
Governor in Council, shall (to the extent that they are not otherwise paid or recovered) be borne by
and may irrespective of amount be recovered from the municipal council by the Authority in the
Magistrates' Court as a civil debt recoverable summarily.
46 Failure by public authority etc. to observe provisions of this Act
Where the Authority upon the report of the Chief Officer or other officer exercising the powers of
the Chief Officer is satisfied that the powers and duties conferred and imposed by this Division
upon any administrative unit or public authority or upon any officer thereof or upon any municipal
council are not being properly and efficiently carried out on and in relation to any land vested in or
under the management or control of such administrative unit public authority or municipal council
or on and in relation to any road the maintenance of which is charged upon such administrative unit
public authority or municipal council, the Authority shall report thereon to the Governor in Council,
and thereupon the Governor in Council may take such action in the matter as he thinks fit.
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I should be the last person having to explain to a court that there is a major difference in
legal position. As the legislation makes clear the Fire Prevention Officer is shall be subject to
the general direction and control of the Authority and the Chief Officer and not subject t to the directions
in that function to Buloke Shire council.
The fire prevention officer in his own rights can pursue by way of summons for any debt
incurred in relation to the clearance of land.
Country Fire Authority Act 1958 No. 6228 of 1958
QUOTE
41E
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Fire prevention infringement notices

(1) An authorised officer may serve a fire prevention infringement notice on a person the officer has
reason to believe has committed an offence against section 41D.
(1A) An offence referred to in subsection (1) for which a fire prevention infringement notice may be
served is an infringement offence within the meaning of the Infringements Act 2006.
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(2) In addition to and without limiting section 12 of the Infringements Act 2006, a fire prevention
infringement notice under subsection (1) may be served in accordance with section 41A.
(3) The infringement penalty for an offence against section 41D is 10 penalty units.
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(8) In this section, authorised officer means
(a) if the fire prevention notice was served by a fire prevention officer, a person appointed for
the purpose by the relevant municipal council;
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(b)
if the fire prevention notice was served by the Chief Officer, a person appointed for the purpose by
the Chief Officer.
END QUOTE
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The problems however is that to my understanding the Fire Prevention Officer is not listed as a
enforcement agency as obviously his/her identity is subject to changes of appointments and as
such I submit the Country Fire Authority itself must be deemed to be the enforcement agency
and nothing to do with Buloke Shire Council.
The by me challenged Infringement Act on constitutional grounds also requires a certain regime
to be followed and so also the Magistrates Court of Victoria legislative provisions, to which none
were followed.
As I did set out in past written submissions Mr Wayne Wall as the Municipal Fire Prevention
Officer should have withdrawn the fire prevention Notice as to issue an Infringement Notice. The
Infringement Notice should have been withdrawn upon the issue of the summons. However the
Summons that was issued relies on both!
END QUOTE 20160519-Schorel-Hlavka O.W.B. to County Court of Victoria-Re Written submission ADDRESS
TO THE COURT-APPEAL-15-2502
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It should be noticed that when I cross-examined you the evidence you then provided was that
you were not a lawyer. As such my concern is that while the lawyers representing Buloke Shire
Council referred to you being the law officer you actually may not be legally qualified to be
so. This as the lawyers in their writings made known for me to put the legal issues to you,
whereas clearly where you are not a legal practitioner (as you cannot be a legal practitioner if not
being a lawyer) your conduct to be a legal office of Buloke Shire Council may be that you are
practicing law without due and proper qualifications.
In my view a proper investigation ought to be conducted as to if you did act as a law officer for
Buloke Shire Council and in the process did made decisions and/or give advice to residents/
property owners/etc that might be construed was or could be deemed to be legal advice
The term local law officer is widely used (as shown below) but for the ordinary person it
implies a person who is trained in legal matters and is qualified to give legal advice.
QUOTE 10-6-2015 CORRESPONDENCE OF ES&A LAWYERS
QUOTE 10-6-2015 CORRESPONDENCE OF ES&A LAWYERS

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The following advertisement is about Know City but used as an example:

Local Laws Officer - new
Knox City Council - 4 reviews - City of Knox VIC
$63,654 - $74,314 a year - Full-time, Permanent
As a Local Laws Officer, you will be involved in. Educating the community in relation to local laws.
Requests could relate to local laws, traffic infringements,...
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My concern is that a local law officer would be involved in Educating the community in relation
to local laws. Requests could relate to local laws, traffic infringements when not qualified to give
any such purported legal advice.
As the lawyers representing Buloke Shire Council clearly indicated regarding the legal issues I
raised If you have any queries then clearly they delegated the legal aspect to you this even so
you are not a lawyer! Neither am I aware you ever advice anyone that your comments/statements
are not and neither must be perceived to be legal advice. As such ordinary citizens may be
induced to belief that you are a qualified lawyer and provide legal advice.
My step-daughter used to be a Local Law Officer for a municipal council, but she did have her
law degrees as a lawyer from university for this!
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For clarification as I understand it not all lawyers are legal practitioners, because a lawyer
only becomes a legal practitioner when having been admitted to the Bar of the Supreme Court
of the relevant State and by this becomes an Officer of the Court.
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Do keep in mind that because you stated matters under oath it could be deemed perjury and
perverting the course of justice if it were to be established that you deliberately gave
false/misleading evidence on 30 May 2016 before His Honour Carmody J.
Mr Groves evidence in evidence in chief was that he supported the evidence you had given,
even so he was not in the court room at the time, only then to recant when initially asked by
counsel for Buloke Shire Council in a leading question to which I successfully objected, albeit he
then rephrased the question that in fact one photo the one without the tire around the clothesline
was not a phot of my property, as you also originally had given evidence it was but during my
cross examination when I stated something like I put it to you that you are not telling the truth,
are you? And then commenced to point out about the tire around the clothes line on one photo
and not existing on the other photo you then admitted that indeed the photo was not of my
property. Yet, this was never revealed during the 20 August 2015 and 20 September 2014
hearings before the Magistrates Court of Victoria at St Arnaud. As such those orders at the time
were in my view obtained by falsehood.
QUOTE Fire Prevention Notice (as yearly issued) up to 2016
END QUOTE Fire Prevention Notice (as yearly issued) up to 2016
In my submission to The Secretary Environment and Planning Committee I quoted;

QUOTE 20161017-G. H. Schorel-Hlavka O.W.B. to The Secretary Environment and Planning Committee
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Mr Wayne Wall,
The previous email was incorrect a draft and below with corrections.
I received the notification that inspections would be held in September, and with all kinds
of delays I made it to Berriwillock, finding part of the property soaked by water. Along the
Calder Highway weed/grass as much as 1 1/2 metres high and roads flooded, and over
radio 107.7 it was advised that due to the rain council inspections (being those of Swan
Hill) were suspended.
This morning my brush cutter seized up and I at Bunnings Swan Hill was advised that the
brush cutters were all withdrawn from sale, due to someone having cut his foot off, or
something like that.
As I noticed that Buloke Shire Council instead of cutting has been spraying something like
Round Up (weed killer) around the white posts along the highway I decided that I might do
the same and so purchased something like Round Up (at Swan Hill Chemical store). This
as because of the wet weather cutting the grass/weed is beyond the ability of the brush
cutter (hence it seized up) and so I might also get rid of some cactuses .
END QUOTE 20161017-G. H. Schorel-Hlavka O.W.B. to The Secretary Environment and
Planning Committee
You may notice that while on 17 October 2016 you issued the Fire Prevention Notice I on the
same day submitted to the The Secretary Environment and Planning Committee a copy of my 10
October 2016 email to you.
Obviously where I not until today received your 17 October 2016 Fire Prevention Notice then
this submission and the following Supplements were all submitted without knowledge of this 17
October 2016 Fire Prevention Notice. I was advised that my submission was accepted and so the
Environment and Planning Committee can now consider what I wrote versus your conduct, etc.
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QUOTE 20161018-G. H. Schorel-Hlavka O.W.B. to The Secretary Environment and Planning Committee-Supplement 1
QUOTE 10-1-2015 CORRESPONDENCE

5
I wonder how often in regard of your Fire Prevention Notice to demand that all FIRE WOOD, TREES,
WOODEN FENCE POLES, RAILINGS, BUILDINGS AND THEIR CONTENT (EVEN THE
OUTHOUSE) as part of being combustible material was removed for the period of the declared fire
season.
QUOTE
10
END QUOTE
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20
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I have no doubt that not a single firefighter would remove combustible material such as
the once mentioned above from his/her property!
QUOTE 20151030-Schorel-Hlavka O.W.B. to Mr Wayne Wall -Re Buloke Shire Council -Re my
correspondence dated 29-10-2015 but meaning 30-10-2015-etc
I am actually pleased you refer in your correspondence regarding section 41B as it shows that at least you now
appear to be concerned to comply with the legal requirements of the Country Fire Authority Act 1958. You may
then also be aware that the Fire prevention Notice that was issued and I objected against is in clear violation with
the act to require all combustible material to be removed, which the legislation doesnt provide for as it
excludes building and its content. Hence I view in the circumstances the Fire prevention Notice must be
withdrawn/cancelled as it violated legislative provisions of the Country Fire Authority Act 1958,
Country Fire Authority Act 1958
QUOTE
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Fire prevention notices

(1) In the country area of Victoria, the fire prevention officer of a municipal council may serve a fire
prevention notice on the owner or occupier of land in the municipal district of that council (other
than a public authority) in respect of anything
(a) on that land, other than a building or in a building;
(b) on the adjacent half width of any private street that abuts that land
35
(other than a prescribed thing or class of things) that by its nature, composition, condition or
location constitutes or may constitute a danger to life or property from the threat of fire.
(2) A fire prevention notice may be served only if the fire prevention officer forms the opinion
(a) that it is necessary, or may become necessary, to do so to protect life or property from the
threat of fire; and
40
(b) that there is no procedure under any other Act or regulations made under any Act that is more
appropriate in the circumstances to address that threat.
(3) A fire prevention notice
(a) must be in the prescribed form;
(b) may require the owner or occupier to take the steps specified in the notice to remove or
minimise the threat of fire;
45
(c) must specify the time (not less than 7 days) within which the owner or occupier must
comply with the notice;
(d) must contain any prescribed information.
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END QUOTE
As the Act states to remove or minimise the threat of fire then this is not about having something that can be
put on fire by whomever, but that it is an actual threat of fire. In my view this is not about cutting grass/weed
because they are not a threat of fire on its own, but rather something that so to say spontaneously could be put on
fire. For example the storage of dangerous explosive goods.
Version No. 151, Country Fire Authority Act 1958, No. 6228 of 1958, Version incorporating amendments as
at, 23 September 2015, 3
Definitions
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QUOTE
10
country area of Victoria means that part of Victoria which lies outside the metropolitan district, but
does not include any forest, national park or protected public land;
END QUOTE
The meaning of protected public land in my view cannot refer to open public spaces such as highways and so
its soft shoulders (grass) and abutting land under the control of Buloke Shire Council.
Version No. 151, Country Fire Authority Act 1958, No. 6228 of 1958, Version incorporating amendments as
at, 23 September 2015, 3
Definitions
QUOTE
43 Duties and powers of councils and public authorities in relation to fire
15
(1) In the country area of Victoria it is the duty of every municipal council and public authority
to take all practicable steps (including burning) to prevent the occurrence of fires on, and
minimise the danger of the spread of fires on and from
(a) any land vested in it or under its control or management; and
(b) any road under its care and management.
(2) A municipal council or public authority may
(a) acquire any equipment;
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(b) do any thing;

(c) expend from its funds any amount
that is necessary or expedient for the purpose of fulfilling its duty under subsection (1).
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(3) If the cost of maintenance of a road is apportioned between municipal councils or public authorities
or both the cost of fulfilling the duty imposed by subsection (1) must be apportioned in the same
manner.
END QUOTE
Whereas the Country Fire authority Act 1958 sets out (2) A fire prevention notice may be served only if the fire
prevention officer forms the opinion (a)
that it is necessary, or may become necessary, to do so to
protect life or property from the threat of fire; and and as such specifically is related to from the threat of
fire councils however have a far greater obligation as they are to prevent the occurrence of fires on, and
minimise the danger of the spread of fires.
As such, while land owners are limited to threat of fire (that it is necessary, or may become necessary, to do so
to protect life or property from the threat of fire) and not imaginary fire dangers, councils must however have to
avoid occurrence of fires as well as the spread of fires. Therefore considering thousands of motor vehicles
driving along highways such as Calder Highway within Shire of Buloke, then the fires along the highway is far
greater then on a private property, certainly where no motor vehicles are in use on that property.
So to say I could have grass/weed growing for 2 metres or higher but none would be to prevent the occurrence
of fires on, and minimise the danger of the spread of fires (as applicable to a council managed area), this
because there is no gas and/or electricity on the property, hence there can be no fire danger from my property.
Only if a fire came from another property or council managed property could a fire exist on my property but that
is not in my view within the provisions of S41 of the Country Fire Authority Act 1958, as obviously if for
argument sake my neighbour causes a fire and it then spread on to any other properties, including mine, then it is
not a fire that resulted from my property and as such not something I can prevent.
END QUOTE 20151030-Schorel-Hlavka O.W.B. to Mr Wayne Wall -Re Buloke Shire Council -Re my
correspondence dated 29-10-2015 but meaning 30-10-2015-etc
On this alone an OBJECTION TO JURISDICTION must succeed if the Fire Prevention Notice seeking
the removal of all combustible material from land where the Country Fire Authority Act 1958
excludes building and its content, then no court can invoke jurisdiction to enforce such an utter and sheer
nonsense.
END QUOTE 10-1-2015 CORRESPONDENCE

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END QUOTE 20161018-G. H. Schorel-Hlavka O.W.B. to The Secretary Environment and Planning Committee-Supplement 1
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As I indicated for a considerable time the Fire Prevention Notice must contained the (d) must
contain any prescribed information. As the 17 October 2016 purported Fire Prevention Notice
requires to remove all combustible material which violates the provisions of S41 of the Country
Fire Authority Act 1958 then this purported Fire Prevention Notice also is clearly without legal
basis.
.
His Honour Weinberg J in his oration very much explained the problems for even judicial
officers to grasp with the way legislation is enacted.
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VICTORIA LAW FOUNDATION LAW ORATION

Banco Court, Supreme Court of Victoria 21 July 2016
OF MOZART, MODERN DRAFTING AND THE CRIMINAL LAWYERS LAMENT
Justice Mark Weinberg
Well it seems that you seem to ongoing fail to understand, despite being Local Law Officer
(whatever this might really mean), that buildings and it content are excluded from a Fire
Prevention Notice.
The requirement of the Act the (d) must contain any prescribed information. Clearly fails in the
17 October 2016 once again because it doesnt prescribe what really is being targeted but yet
again a v ague and aloof statement that doesnt even explain why you used A and not some other
like Code D Create a 10 metre fire break around the perimeter of the property. for example.
As I understood it Counsel for Buloke Shire Council stated that you designed the list in the
exhibit. And it is obvious you did so and maintained this for years on end regardless it violates
the legal provisions of the Country Fire Authority Act 1958. This as it doesnt exclude building
and it content.
QUOTE
(2)A fire prevention notice may be served only if the fire prevention officer forms the opinion
(a) that it is necessary, or may become necessary, to do so to protect life or property from the
threat of fire; and
(b) that there is no procedure under any other Act or regulations made under any Act that is more
appropriate in the circumstances to address that threat.
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END QUOTE
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The Act provides for a minimum notification of 7 days and as such this I view implies that any
threat of fire must be imminent and not something that could be so to say in years to come.
As such to attend to my property on or about 17 October 2016, while notably having refused to
communicate with me to attend to my property while I was there, and the property is still soaked
with water as the ground is water logged than any purported threat is imaginable and not existing
in fact. Indeed did you write to VicRoads, Department of Housing and Buloke Shire Council also
on about 17 October 2016 as to attending to the high growth on the properties in their care?
I request you also to produce those writings to me both of 2014 (for so far not already contained
in the above requests) and 2016.
As for the opinion for a property owner being able to dispute the legal basis of an Fire
Prevention Notice then I view the opinion must be reflected in the Work to Be Completed
and as this requires the removal of all combustible material from land and motor vehicles,
pushbikes, etc, are all combustible materials, as are trees and wooden fences, then I view your
opinion ordinary would be deemed to be defective. However, as you maintained this for years
on end, despite the litigation, then it is not just a defective opinion but a persistent abuse of
delegated powers that the Parliament cannot tolerate.
For sure His Honour Mullaly J on 30 October 2015 and His Honour Carmody J on 17 May 2016
and on 30 May 2016 refused to deal with numerous legal issues and His Honour Carmody made
clear on 17 May 2016 that His Honour would deal with the matter what he held was justice
regardless of legal issues. Well, once a party files an OBJECTION TO JURISDICTION then
any competent lawyer (OK you are not one of them) would be aware the court fails to invoke
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jurisdiction if it fails to dismiss the OBJECTION TO JURISDICTION and any order
purportedly issues is no order at all! As such, a judge cannot ignore an OBJECTION TO
JURISDICTION merely because it exposes that for years on end you and others such as
Whittlesea Council are obtaining convictions and cost against innocent citizens.
10
In Re O (infants) (1971) Ch 748,754 and 755

QUOTE
In my considered opinion the law now is that if an appellate court is satisfied that the decision of the lower
court is wrong, it is it's duty to say so and act accordingly.
END QUOTE
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Where you indicated to issue on average about 500 Fire Prevention Notices and about 20 of them
are going to court then this means over about 78 councils (using your figures as an average)
some 1,560 people are ending up fined/convicted (assuming all Infringement Notices are
enforced) where perhaps none of them may have any legal validity.
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Take for example what you stated: by brush cutter, this even so I explained to you in my 10
October 2016 email that I was advised by Bunnings Swan Hill (and incidentally since then the
same at other Bunning Stores as well as other stores who ordinary sell brush cutters) that brush
cutters were withdrawn from sale due to allegedly someone cutting of his food with it.
Where in the legislation does it state that you can direct a landholder what instrument/appliance
to use? I am not aware of any such provision. As such, the purported fire prevention Notice is not
own within the confines of the Country Fire Authority Act 1958 and as such violates the limited
delegated powers you were provided with as a Municipal Fire Prevention Officer,.
We have the Exhibit 1 last page which showed:

Exhibit 1
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QUOTE
Code A Cut all grass, noxious weeds and undergrowth on the whole of the block and naturestrip to the height of
not more than 100mm;
Cut and remove all vegetation from the fence line to the same height by brush cutter or similar means;
Remove all combustible material from land including branches and prunings.
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Code B
Remove all combustible material from land including b ranches and prunings.
Code C
Cut and remove all vegetation from the fence line to a height of not more than 100 mm.
Code D
Create a 10 metre fire break around the perimeter of the property
Code E
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Create a 10 Metre fire break around the perimeter of the property and a 20 metre firebreak around assets
such as sheds, dwellings etc.
Code F
Other requires description
END QUOTE
No explanation was given nor requested by Counsel for the Prosecutor as to why Mr Wayne
Wall demanded in the Fire Prevention Notice to have the entire property done where by Code D,
a mere 10 metres was to be done, etc.
It was not for me to elicit from the witness during cross-examination why he did choose Code A
as it was not my job to do the work of Counsel for the Prosecutor.
It was for His Honour Carmody J to determine if Mr Wayne Wall Municipal Fire Prevention
officer had made out a case at all why in view of the condition shown by the photos I filed during
cross-examination this kind of growth was acceptable despite being deemed a fire danger by Mr
Wayne Wall himself when asked about this by His Honour Carmody J but not apply the same
standards then to a land holder?
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https://www.whittlesea.vic.gov.au/pets-plants-and-animals/trees-and-plants/mowing-andslashing-land
QUOTE
Rural scrub clearance

5
Rural landowners must ensure the grass and weeds on their property do not grow to more than 30cm high.
END QUOTE
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Here we have that Rural landowners must ensure the grass and weeds on their property do not grow to more
than 30cm high. This means that Mr Wayne Wall Municipal Fire Prevention Officer may have
used perhaps in error an in correct measurement, where he refers to 100mm (10cm) when in fact
Whittlesea has a 30 cm (300 mm) height.
With this purported Infringement court anything will be held to be justified to get some
purported court order and who cares about the innocence of land holders as after all the
government has provided to sell the properties to get the monies ordered against an innocent
landholder. (Innocent must be understood to include any alleged debt/claim/judgment of a
unconstitutional Infringement Court orders being without legal force)
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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!
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Photo (below) taken on 2 October 2013 just outside Berriwillock, along the Calder Highway.
Clearly over a metre high weed/grass at Berriwillock Calder Highway!
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Look at the photo below how high the weed/grass is in Buloke Shire on 11 October 2016
Calder Highway
Look at the photo below how high the weed/grass is in Banyule!
10
How many drivers are alert to the fact that when they pull over into the soft shoulder of a road
then their exhaust being hot under their motor vehicle can start a soft shoulder fire? Yet, as I
understand it not a single sign so far exist to warn them about this. Why not?
15
I wonder how long with this kind of RUSSIAN ROULETTE playing with the safety of peoples
lives be allowed to continue?
20
Clearly along the Calder Highway the growth is a metre or more in height, and this is where a
considerable amount of motor vehicles travel and as such a real fire danger.
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10
The above photo (left) was taken on my way to Berriwillock on 7 October 2016 at 17.35.12.
While what was before the sign is the shire of Loddon, what is however clear that the same
continues after the sign.
The picture above left was taken 7 October 2016 at 17.43.14 at Marmal Creek sign and The
picture at right was taken 7 October 2016 at 17.50.00 (It appears to me to be clear this tree
(shown above right) has been partly dead for years, and yet in all those years this fire danger
remained to continue!)
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The picture above (left) was taken 7 October 2016 at 17.47.12 (at right taken at 17.47.16)
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The photo below (left) was taken 7 October 2016 at 17.52.43 along Calder Highway and below
(ruight) Nullawill sign photo taken 7 October 2016 at 19.05.35
And below (right) this photo was taken on 7 October 2016 at 19.06.06. Do you notice the fire
danger? The photo below (right) was taken on 7 October 2016 at 19.20.19
10
And the following photo below was taken on 7 October 2016 at 19.31.15 at Berriwillock sign.
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Considering that you notified absentee landholders that inspections would be done in September
(not October) then what, if anything, did you then do as to have these fire dangers attended to
appropriately. The photos above are merely some of hundreds I took on the various days
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The photo above (left) was taken on 7 October 2016 at arrival to the property and the photo at the
right above was taken on 9 October 2016 at 09.39.25. So to say even Blind Freddy could see the
difference!
The photo above right was taken 9 October 2016 at 09.39.25 that was before the property was to
some extend cut with a brush cutter (before it seized up due to the wet conditions that the growth
was too much for it) and before it was sprayed on 11 October 2016 subsequently with something
that is known as Roundup.
What therefore the pictures shows that un like VicRoads/Buloke Shire Council I actually made
so called fire breaks and what was left was due to the brush cutter so to say blowing up, and as
the spraying requires about a week of waiting and considering my wife being in ill health I
deemed it appropriate to return in a few weeks so the waterlogged ground on the property also
could dry out.
While section 41 of the Country Fire Authority Act 1958 doesnt appear to permit any Fire
prevention Notice against any government department or council, I view a severe oversight, I
view that the implied bias by you working for the council is shown with the above photos. It
must be made clear that hundreds of other photos are in my possession and considering the
photos that show locations then those taken in between the towns can be located also.
This clearly in my view goes to you competence or the lack thereof to be a Municipal Fire
Prevention Officer and also an expert witness when you can to even manage properties under
control of Buloke Shire Council.
The above photo (left) was taken on 9 October 2016 at 09.37.49 after slashing with the ride on
mower. Some of the wild growth on the above photo was actually slashed with the brush cutter
before it seized up on me. The photo above (right) was taken on 9 October 2016 at 09.39.05
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And the following photo at left just outside Berriwillock on 11 October 2016 at 12.48.23 wild
growth well above the height of the white road markers! And the photo below at right was taken
on 7 October 2016 at 18.34.35
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To me that was at that time already a fire hazard as it is dry long growth! And this kind of
condition continued for more than 100 kilometres along the Calder Highway!
QUOTE 20161017-G. H. Schorel-Hlavka O.W.B. to The Secretary Environment and Planning Committee regarding
the content of my 10 October 2016 email to you
It is my view that you ought to have notified absentee landholders that due to the weather
conditions the planned September inspections couldnt go ahead, but may be done at a later
to be announced date. I view you needed to show a responsible conduct so absentee
landholders would have been aware that there can be no fire danger period at the moment
where even the road from Berriwillock is flooded. I had to drive through a flooded road
area to be able to get to Swan Hill!
.
I urge you to in future consider weather forecast and to timely advise absentee landholders
about any change in inspections. VicRoads failure to slash. . The issue is that the Country
Fire Authority Act 1958 gives you the power to have the weed/grass along the highway
slashed where VicRoads fail to do so, at its cost. It is silly to argue about what might be in
my yard some 80 metres from the (less used) highway while leaving a fire danger right
along the Calder Highway. Also, if VicRoads is only responsible for the road and so its soft
shoulder then is Buloke Shire Council then responsible for the weed/grass between the soft
should of the road and the nearest private land fence? Obviously this area also must be
cleared.
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I noticed that the dead branches along the Calder Highway of which I produced photos are
still in 2016 there. It means no one bothers to clean them up.
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END QUOTE 20161017-G. H. Schorel-Hlavka O.W.B. to The Secretary Environment and Planning Committee
regarding the content of my 10 October 2016 email to you
QUOTE 20161017-G. H. Schorel-Hlavka O.W.B. to The Secretary Environment and Planning Committee regarding
the content of my 10 October 2016 email to you
Mr G. H. Schorel-Hlavka O.W.B. to Mr Wayne Wall
People
Mr G. H. Schorel-Hlavka O.W.B. <admin@inspector-rikati.com>
40
16 Oct at 4:44 PM
Buloke
To
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21
CC
Gerrit Schorel-Hlavka O.W.B.
Hide
Message body
5
Mr Wayne Wall,
I contemplate to return to Berriwillock property in the first week of November provided there are no
further flooding because it is senseless to try to cut in the wet weather conditions. I found I need to
replace the motor of the brush cutter due to the wet weed/grass having been too much of a job for it.
10
As I sprayed the property twice this should also assist with killing the weed/grass. And my neighbour
informed me that he twice cut the property with his ride-on mower. Because it is wet it bounces back.
.
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Because of my wife medical and other appointments she had made prior to my last trip as not to clash
with dates I now have to let her attend to those in October. To my wife it is absurd that council didn't
notify absentee landholders that due to the weather conditions/flooding inspections were to be
delayed. What is needed is a format of conduct that will ensure that in future no such fiasco ever again
eventuates. After all an about 700 kilometres round trip is an expense we can ill afford to make when
there was no need for it.
I noticed that on Monday 10 October the CLOSED ROAD sign that was near Berriwillock town hall
was no longer there, and so I proceeded to travel via Ultima to Swan Hill only to end up having to
drive through a flooded area of some considerable length and depth. Obviously something was wrong
with the management of this also.
It is important that those employed with Buloke Shire Council (as with any other council) understand
they are paid out of what is extracted as council rates from landowners and so they should serve
those landowners appropriate!
I made hundreds of photos both traveling to as well as from Berriwillock, and albeit some are not
sharp in focus most are and shows the water along roads, etc, also. And the height of the weed and
grass along the Calder Highway is noticeable.
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I noticed that VicRoads (or anyone acting on its behalf) appears to have a policy to just pray around
the white road markets and that is it. Leaving grass/weed up to about 1 1/2 metres high along the
highway. Likewise the branches are still left along the roadside since 2013.
.
As they say the government (so anyone acting under delegated powers) must show to be a model
citizen, and yet this is not eventuating from what I have recorded on the numerous photo'
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.
I anticipate that you will ensure that all weed/grass along the Calder Highway as an example will be
cleared up to property fences if anything to safeguard the lives of local communities and those of the
Country Fire Authority fire fighters. And so that on my coming trip to Berriwillock I can record the
difference between my last trip and then.
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.
Gerrit
-45
Mr G. H. Schorel-Hlavka O.W.B.
MAY JUSTICE ALWAYS PREVAIL
107 Graham Road
Viewbank 3084, Victoria, Australia
Author of INSPECTOR-RIKATI books on certain constitutional and other legal
issues.
50
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THE MORAL OF A SOCIETY CAN BE MEASURED BY HOW IT PROVIDES FOR THE DISABLED
END QUOTE 16 October 2016 correspondence
END QUOTE 20161017-G. H. Schorel-Hlavka O.W.B. to The Secretary Environment and Planning Committee
regarding the content of my 10 October 2016 email to you
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It is clear that I did notify you that I would return to the property to attend to it and as such I view
that considering the overall conditions existing and that the front of the property has so to say a
fire break which along the Calder Highway (under control/management of Buloke Shire Council
doesnt have in general) then there was absolutely no need to issue any Fire Prevention Notice
that is a legally valid one, and certainly not the kind of nonsense you put in the purported Fire
Prevention Notice.
Previously I wrote to you to assist governing being able to use the local Berriwillock tip to dump
items (some of which by unauthorized persons were dumped on my property) which currently
are on my property to clear it so that the slashing of the property using a ride on mower would be
more accessible. This also considering that Buloke Shire Council charges me an extra about $360
a year for garbage collection that hasnt eventuated for years. As such, I am charged for a service
I am not able to use. If you have a real and not a pretended concern as to fire dangers and place
the safety and interest of locals as well as fire fighters above Buloke Shire Council financial
interest then I expect you to ensure I am provided with the opportunity to dump items during my
coming visit in November 2016.
The above may indicate that had you provided a reasonable cooperation such as regarding the tip,
then most of the property could have been slashed just using the ride on mower. As such you
may be considered an obstacle to deal with and well I view that you are in competent to act as
was in my view intended by the Parliament, and as such appropriate amendments may be needed
to be made to prevent a person like yourself to be ignorant to real issues and real dangers facing
fire fighters and local communities. In my view a dobbing in system would be great where
citizens can dob in a person who fails to appropriately fulfil his duties and obligations.
This document is not intended and neither must be perceived to refer to all details/issues.
Awaiting your response,
G. H. Schorel-Hlavka O. W. B. (Friends call me Gerrit)
MAY JUSTICE ALWAYS PREVAIL (Our name is our motto!)

35
END QUOTE correspondence 20161021-G. H. Schorel-Hlavka O.W.B. to Mr Wayne Wall MFPO
40
45
50
In my view this is continue to be an issue that is out of hand and it is obvious that Mr Wayne
Wall in his position can continue to terrorize land owners while himself blatantly disregarding
the safety and wellbeing of fire fighters and local communities.
Many landowners (\property owners) unaware of their legal rights are then faced with so to say
backbreaking fines/penalties and can be driven to suicide and this because Mr Wayne Wall and
perhaps others in his position are extorting monies in their kind of conduct. Ignoring to tell
absentee land owners that the September inspections would be delayed as to avoid them to
unduly incur cost on travelling, etc, may also be underlining the blatant disregard to
communicate appropriately with property owners, etc. It might have avoided my brush cutter to
be overworked and seizing!
This document is not intended and neither must be perceived to refer to all details/issues.
Awaiting your response,
G. H. Schorel-Hlavka O. W. B. (Friends call me Gerrit)
MAY JUSTICE ALWAYS PREVAIL (Our name is our motto!)

p22
21-10-2016

20161021-G. H. Schorel-Hlavka O.W.B. To The Secretary Environment and Planning Committee-Supplement 4

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1

The Secretary Environment and Planning Committee

Parliament House, Spring Street

Buloke Shire Council

hereby I request you to withdraw the Infringement Notice issued against me in

Hansard 8-2-1898 Constitution Convention Debates

QUOTE In the Marriage of Tennant (1980) 5 FLR 777 at 780

No wrong committed in criticism of administration of justice:

R v FOSTER (1937) St. E Qd 368

I reproduced below a copy of a 21-10-20126 correspondence to Mr Wayne wall and it contains a

QUOTE correspondence 20161021-G. H. Schorel-Hlavka O.W.B. to Mr Wayne Wall MFPO

Mr Wayne Wall Municipal Fire Prevention Officer

Fire prevention infringement notices

QUOTE 10-6-2015 CORRESPONDENCE OF ES&A LAWYERS

The following advertisement is about Know City but used as an example:

In my submission to The Secretary Environment and Planning Committee I quoted;

QUOTE 10-1-2015 CORRESPONDENCE

Fire prevention notices

(b) do any thing;

END QUOTE 10-1-2015 CORRESPONDENCE

VICTORIA LAW FOUNDATION LAW ORATION

In Re O (infants) (1971) Ch 748,754 and 755

We have the Exhibit 1 last page which showed:

Create a 10 metre fire break around the perimeter of the property

Rural scrub clearance

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

Mr G. H. Schorel-Hlavka O.W.B. <admin@inspector-rikati.com>

Gerrit Schorel-Hlavka O.W.B.

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

MAY JUSTICE ALWAYS PREVAIL (Our name is our motto!)

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

MAY JUSTICE ALWAYS PREVAIL (Our name is our motto!)

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