Farmers the Road Foreward

Commonwealth Property Protection Association

Perpetual Guardians, of Australia’s Secure Property Rights Subject:      

CPPA Announce  – “Farmers the Road Forward”.Number:       0116                             

Date:          October 12  2007

Contact:     Alistair McRobert     0429-361-318      Imcrober@bigpond.net.au

  Currently the Commonwealth Property Protection Association is pursuing 4 cases in the Courts. These cases cover a range of now questionable activities which include the legitimacy of certain Acts passed by State Governments especially those supported and often funded by the Commonwealth, in regard to there removal of property rights, and regards to their removing owners rights to, vegetation, timber, water, coal and carbon, nuisance and regulatory takings.

This has had a flow on effect in areas like Council Rates, which are being charged on land that cannot be used because of laws attempting to prevent its lawful use. Also the impact on regulatory takings as in National Parks and their impact on Park neighbours and Councils rezoning and restricting development unreasonably – often to suit large developers and special interest groups. 

These matters in all regards are compounded by the powerful influence of Green Fundamentalism Big Developers and the grovelling by political parties and well-funded Governments to appease the increasing influence of these groups and other powerful well-funded lobby interests – often to the expense of all other considerations.

 

A major report presented in Canberra, Wednesday Sept 26 by a senior team led by Professor Paul Martin Principal Investigator, Australian Centre for Agriculture and Law, University of New England. The report titled, “Developing a Good Regulatory Practice Model for Environmental Regulations Impacting on Farmers”, was sponsored by the Australian Farm Institute and the Dept of Land and Water.

The report slams the current situation and points out compellingly the resulting injustice of the current policies, resulting in an unacceptable imbalance and unfair impact on thousands of farmers and affected landowners but then proceeds to argue that a continuation of self regulation, cannot be justified. There needs to be some form of “Smart” Statutory regulation the report concludes.

 

CPPA is convinced it is ever more clear there is an urgent need to have property rights comprehensively revisited by the High Court, if we, as a society, are to address the blatant injustice and confusion, which is prevalent in the community, both from an historic and from the contempory point of view.

 

This injustice and confusion is not unexpected considering the determined attack over the past 30 years on secure property rights by the Green movement supported by labour State Governments, but this activity has been sustained and supported by the removal of the related institution – the jury system, and the wholesale promotion of Statute Law over Common Law.

 

In regard to this blatant promotion of Statute Law over Common Law this stand was not only promoted by supporters of Statism and the legal industry in the market place but also fervently perused in our very learning institutes, both secondary and tertiary.

In regard to the Court Proceedings, it is recognised a win for any of the 4 cases being pursued by CPPA, could literally cost the State billions and billions of dollars and force an ideological u-turn – subsequently the State is resisting with every resources possible. This makes our task formidable.

The Cases are as follows:

The “Just Terms” Case: NSW Supreme Court

  1. The Kyoto “Australia Clause” Carbon Case: Federal Court of Australia.
  2. The Case against Councils – charging rates on agricultural land, which now cannot be used for agriculture – locked up under State Native Vegetation Laws : Supreme Court of Australian Capital Territory.
  3. Judicial Review of The Native Vegetation Laws focusing on the – among other basic injustices, inclusions in the Act of the removal of the presumption of innocence and the reversal of the onus of proof: Federal Court of Australia.

Case number 3 if successful could very well bankrupt financially every council in Rural Australia. It has already proved the moral bankruptcy of these councils in that the Local Government legislation and the directives of the Councils to their legal representatives is to deny the Rate payer a defence and a day in Court even though they are prevented from farming the very land rated for that purpose.

 These last points in Case 4 are an indictment on the entire mainstream Australian media. Other than for Michael Duffy of ABC Counterpoint – who was so appalled he pursued the injustice week after week and made every attempt to expose the injustice. 

This mainstream Australian media, the very same media who let out a great hue and cry concerning the Australian Governments actions against one Indian Doctor – Dr Haneef, practicing on the Gold Coast, claiming he had been denied the presumption of innocence – yet when thousands of farmers, Australian farmers, lost this most basic of rights, they the Australian Media, remained silent and continue so. This loss to farmers included farmers losing the presumption of innocence. The media selectively ignored it.

This is why these 4 cases will not be resolved in the lower courts both parties have too much to loose. These proceedings will be appealed and appealed and fought all the way to the High Court.

This is appropriate as they are so fundamental to the very fabric of society as we know it. What is important here is to totally clear up once and for all, just where the “Fee Simple” – Free hold land now stands in Australia.

 The High Court – HCA 34 1923 August 9 Commonwealth v NSW Isaacs J quoting from Challis’s Real Property 3rd ed, p 218, As the Judge himself said “It is stated with perfect accuracy”, Quote “Fee Simple is the most extensive in quantum and the most absolute in respect to the rights it confers, of all estates known to the law. It confers and 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 “ End Quote. It has been made quite clear that even native title claims could not touch Fee Simple – it is the oldest estate known to law.  

It is time, it is appropriate, the entire matter be clarified by the High Court and firmly established as it has been for the last 800 years, so also should it be for the future – in perpetuity.  

Therefore to pursue these essential objectives and to establish once and for all the very fundamentals of land and property ownership the Commonwealth Property Protection Association (CPPA) has made major policy decisions.

  1. To establish a permanent Institute – the “Australian Property Protection Institute” with a mandate to provide perpetually to all land owners a research and legal defence Institution to protect their property which is not related nor dependant on the land owners availability / access to funds. Far to often land rights are lost due to the State using overpowering legal weight and unlimited funds to force the landowner into submission. The loss of the land rights of one person constitutes a loss of rights for us all. If precedents are to be set then we have to insure they are balanced and do not infringe our right to liberty.
  1. The establishing of a team of experts to assist and take forward the historic principles of the “Fee Simple” and property Rights in regards to the current policy, research and ongoing Court Proceedings.

             This team is:

Leolin Price QC – London.

Professor Errol Higgens – Newcastle

            Peter King QC – Sydney.

Professor Suri Ratnapala – Brisbane.

Bernard Collaery Barrister – Canberra.

Emeritus Professor Wofgang Kasper – Sydney

Dr John Walsh of Brannagh  – Norfolk Island.

Geoffory Gare – Western Australia

 The team of concerned experts now established by CAAP – our team, as part of the “Australian Property Protection Institute” will be the  – Concerned Guardians of the “Fee Simple”- their objective being to protect all “Secure Property Rights”.

This  being to bring to an end the confusion over and erosion of, these long established rights and principles. Through out history men and women have come forward responding to circumstances placed before them that in their opinion have a pivotal impact on their society or community.

Frequently in hindsight, these persons are seen as visionaries, those that can see things others cannot see. Civilized society as represented in contempory Australian Society has deep and valued traditions and values that are as a result of a deep relationship with the very fundamentals of liberty and freedom.  

In mans ongoing search for Civilized Nobility – the ongoing attraction to being more civilized as a species – it is these individuals, these visionaries, that are able to determine those issues we must uphold, retain and fine tune and those issues / concepts we must caste off.  

The real important strength is the ability to determine those issues that are essential to the advancement of the human race and those which have outgrown their use and need the necessary pruning. Civilization is not an accident in that it just keeps on operating each day with out care concern or input from we – the participants. It demands knowledge maintenance and vary carefull navigation through the very increasingly complex terrain that will ever continue to confront our ability to survive as a species.  

This survival can be at three levels one – down hill reverting to a previous age two -a holding pattern going nowhere or three – ever upwards. To do this we must live in a physical environment that is maintained sustainably and intellectually provide the determinates to achieve the forward ability. These persons who have come forward in this team are such persons history will prove this.  Sadly most Australian are not even aware we are in crises and do not read or do not understand the signs – warning danger.

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