Ratepayers Expose Local Government Myths

A NATIONS’ FOUNDATION GUARANTEES ITS PLANNING APPROVALS.

 Peoples’ Power Penetrates best when Local Government Ratepayers expose the myths delivering the Propaganda

By June Weston

Exposure creates panicWe the Federated people will not fix our Planning & Development problems until we – the Local Government Owner-Rate-Paying-Sovereign-citizens rid ourselves of all State interlopers.   Local Government has to regain its 1842 governing intent else our Federated Nation will fall.      Why are Councillors refusing to lead the way?

We now have statutory repugnancy, outlawing settled, fundamental common law land-right principles.  This repugnancy arises out of corrupt interpretation. Such corruption is criminal. It is unconscionable. The strategic planning abuse pretends a State’s jurisdictional right, where none exists.    Private Property Rights are betrayed by those we elect to honour the Constitutional guarantee.   This desecrates all Anzac sacrifices.     It is un-Australian. We don’t have to tolerate this injustice.  LG can dispel all myths; all contrivances.     So why wait?

If true democracy and real freedom is to be restored to we the people; and if these [LEP] Local Environmental Planning land-rights are to continue for the agreed Constitutional economic, use, benefit and Federated enjoyment of those of us, to whom these blessed corporeal and incorporeal hereditaments were contractually conveyed; we now oppressed land-owners;  with wisdom and administrative experience enough to see the fox in the henhouse;  must expose these reprehensible State Planning rorts, increasingly being put across every,  ‘approved’ rural zoned freehold parcel. [Section 113:  Register of Approvals:  LG Act:  SAVED from 1842]. 

The story continues .. read

Facts are:  our private freehold; our basic Imperial land-rights with Colony-settlement-demand and inherited  common law land-rights  upon which our Federated system so very clearly rests – are each, indefeasibly tied to the immovable foundation of a Constitutional, Sovereign, land-conveyance statute which guarantees  all binding, commercial, contractual land APPROVALS.   These corporeal and incorporeal land-right hereditaments are now buried in the destructive self-serving and offensive party-politics of each States’ evil propaganda.

Mabo paraphrase: “The skeleton of the Common Law backbone with its inherited land ownership – rights and settled freehold land – development principles – giving this Nation its enviable growth and economic – prosperity, cannot be Constitutionally fractured.   After more than a century, we must not now depart and reinterpret to rewrite history.  There can be no justification for reinventing the wheel.  If it were legal in past centuries for common-law to keep step with international-law – it is more imperative in today’s restless world  that it shall, neither be – nor be seen to be – frozen in Time”.

Yet settled, common-law, land-right breaks still widen:  Agenda 21: The Rio Convention [1992]: Coal – in the 1980’s; and SEPPs 45 & 46 [1995].  State Governments arrogantly continue to unconscionably corrupt these settled common law principles, when we the people, humbling relying on the blessings of the Almighty, had so trustingly come together in one indissoluble federation for federated and Constitutional guarantee, under LG. 

Whilst the skeleton retains deep fractures; one might say it is broken; it is clearly however, the public service  damage inflicted by ideological politicians; who, with little to no experience;  with gross ineptitude; stubborn ignorance;  blind naivety; and hiding behind the patronisingly offensive deceit of a Clayton’s public consultative process;  which has bureaucratically betrayed all Common and Human Rights land-LAW.   But common law can be restored with intelligent application of the historical facts; for without Common Law – there is no land-right.  

As it now stands:-we have no land-management-rights; our investments are compromised; our mortgages are at risk; we have no free will; we are regulated and controlled with manifest absurdity; yet nothing is with Constitutional integrity or legality. 

Where the backbone of our Planning Laws are fractured,  all which rests on the cracks, will fall –  if we, who own our own assets, remain too timid to take charge of our own economic investment rights.   The frame-work of our planning system is precariously weakened.  It is stressed beyond human tolerance.  Enough is too much!

The facts are:  the Christian, customary, fundamental, settled common land law backbone principles have been treacherously broken by those elected to positions of great public service privilege; and who, in turn, are now increasingly bullying landowners [from these cushioned seats of power] with seemingly, untouchable assertions made [as in the arrogant Native Vegetation command to note just one area] you will do as we say; …… we can make whatever law we like; the days when you can do as you please – on your own land, are over. 

It is clear to any thinking Common Law landowner, that elected and delegated State public-servants have defiantly subsumed Local Governments’ Authority.  Unsustainable party-political Environmental Planning & Development contrivances [i.e. global ideology] are orchestrated.  An environmental planning dictatorship has now reinvented the Local Locked Gate Planning Provisions [a land law already in place since 1215 and called by another name – a SAVINGS PROVISION].   

Today, the State – interpretively and offensively sits above the settled continuity of the SAVED descending Monarchical and Imperially-inherited and conveyed Coronation Oaths, to unconscionably snub the supreme sanctity of the Almighty.    And we accept this as right, just and proper?    I don’t think so 

By default, Man as the elected [person] authority is now the ruling master – rather than the humble privileged public servant of all he or she had earlier sworn to honour – whether on oath or in  affirmation.

To retrieve all the LOCAL Planning & Development land-right principles which were lawful, just, fair, equitable and proper at the time of Federation, we must revisit the Common Law-foundation on which our Federated Nation indissolubly rests.  From this base all EXISTING Approvals are SAVED.  They are untouchable.  

As the Bible of King James in the Constitution preamble says: in the beginning was the Word and the Word was God.  Until a referendum of we the people coming together says otherwise, the law is –  that we the Federated people will continue to honour God as the ultimate law and the Supreme Being.  

We must reaffirm our common law land principles; we must learn and understand, what they are and why; we need to regain our civil and human rights – so that we can clearly show to the doubting Thomas’s where the modern public service treachery [in the diabolical interests of expedient, genuflecting to the ideological concept of globalisation] has irresponsibly betrayed our Nation.  And we need to show and understand where the selective interpretation [to suit the party-political purpose] has destroyed our freedom; and where the assumed autocracy of the elected has unconscionably buried a democracy in which we all had shared equally. 

We must honour the Constitution and revisit its founding principles. We must strengthen the now fractured framework and remove the weaknesses in those who now argue that white is no longer white but rather muted shades of grey.   We must return to the settled Common Law interpretation for the spirit of the intent which means the same today as yesterday.  Civil disobedience is not anarchy …… it is common sense.

Against documentation …… and until the 1980’s the foregoing is the way it was. We all knew the law; we all knew our rights; and with few exceptions, landowners had freedom with personal responsibility; justice with disciplined accountability; and respect with mutual consideration.  

I know — because I was there; and as an elected public servant; and in the face of articulated and informed debate – this was the way it was. 

Relying on Hansard other Constitutional commentaries; the anecdotal writings covering our comparatively short history and the generational diaries of the last 100 years’ records that Australia is purposively a Common Law country, governed from within an independent, but co-existing interdependent tripartite system. 

We are a Federated Nation [economically riding on land rather than the proverbial sheep’s back] administered under an agreed, Constitutional, descending, monarchical system, with THREE independent, jurisdictional, governing authorities: Local: State & Commonwealth. 

LOCAL Government is the sole Constitutional jurisdictional Authority for administering all Planning and Development law surrounding all land.     LAND is the basis of all wealth, no matter what the wealth.

Our three independent governments in the Federation are NOT spheres; orbs; levels; or arms thereof. 

There is purposely, no hierarchy.  There can be no hierarchy.  Each governing “authority” is privileged to have an elected representation according to the same electoral law and process.   Each ‘elected’ public servant is no more and no less than his/her co-existing public servant officer in another governing jurisdiction.

Each governing authority has its co-existing area of conscionable conduct and responsibility where each public servant privileged to be elected [and those servants authorised by delegation] have a sworn Duty of Care and Obligation to know; accept; and to understand; that whichever elected or delegated administrative responsibility – one must act according to the law which gives its legally binding Constitutional effect.     

Both the Commonwealth Government and State Governments are elected from the “parliament”.

LOCAL GOVERNMENT as a common-law incorporation with perpetual elected succession is subject to the Constitutional intent of the spirit of the common law freehold Colony Planning & Development settlement policies.    Rural 1A Zones have no need of either Planning or Development consent for Agriculture. 

LOCAL GOVERNMENT is a Constitutional Authority with petitioned common law deliberation so as to meet the guaranteed common law freehold development rights and demands of each ratepayer.      LG is purposely with no Parliament; no party-politics.   LG is never prorogued.   It never ends.   Its COMMON LAW base is forever. 

So why and how is LOCAL GOVERNMENT with perpetual succession?   

Very simply and logically:    because once wastelands are alienated from the Crown …. the fee simple in the  privately-owned symbolic “land parcel” is Conveyed, by way of a Crown Sealed & Crown Registered Deposited Plan [under s113 LG Act]  with written Blessings of the Almighty  [upholding the authority of the sworn Oath or affirmation] and transferring the fundamental and basic black letter LAND law previously set in Constitutional COMMON LAW concrete to Local Government for LG’s administrative protection. 

  • ·        No State has the power or authority to break this Crown Oath …..  no parliamentary law can override the Crown;  none can  thumb its nose at the mandates as set out in the Acts of Interpretation  s15A ……all Acts must be made subject to the authority of the Commonwealth Constitution ……….

 

  • ·        COMMON LAW cannot have two opposing and inconsistent MASTERS.  There has to be an ultimate Authority where the principles of Common (land) Law are historically and lawfully subject to the Federated blessings of the Almighty under the Constitution via s15A Acts of Interpretation 1900.

 

  • ·        The words subject to [in law] are with known and interpretive “limitation”. If one does not understand what the “limitation” is — then one is duty bound to search in order to obey the “limitation”.

 

  • ·        I repeat:  the purposive and deliberate Constitutional Authority is borne out of our history from 1788-1900.  The Fee Simple Principle (freehold) underwritten authority for all landowners, were the Magna Carta Tenets and the Petition of Rights.  In 1842 municipal rights were granted on application of landowning petitioners.  Briefly:  this common law principle underwrote the first 1855 NSW Constitution which in turn was drawn into the Federated System.

 

  • ·        In 1900: under threat of landowner revolution and the mandates earlier demanded in admonishment; the States were commanded via s 51 of their Constitutions to continue a system of LOCAL GOVERNMENT in order to provide the legal framework … of a Local Government Authority in NSW. 

 

  • ·        An explanation for the words shall continue are implicitly, all encompassing. The word shall is without discretion ……….  It’s an absolute, unconditional, order!    The word   “continue” —   indicates that the legal frame-work is already in place; and the framework SHALL continue.

 

Random Constitutional Quick and Garran-Commentaries; Hansard-References; and High Court-Precedents; 

  • ·        After 1900, there can be no hierarchy.  When we embark on Federation – the State and Federal Parliaments will cease to be sovereign bodies – instead they will be legislatures with limited powers …we who are assembled, are about to commit to the people of Australia a new charter of union [Magna] and Petition of Rights which we will have given unto ourselves …… 
  • ·        Attorney Generals in several States have since, each committed to print responses, confirming that the Magna Carta and Petition of Right do indeed, underwrite our Constitutions, and form part of our inherited law.   
  • ·        Prior to enactment the 1979 EPA Act –  the Imperial Acts Application Act was revisited in1969 in order that this generational and descending EP&A land-law-history was perpetuated with continuation. 
  • ·        No one is above the law; we are all, including parliaments, subject to the same law where we are all equal before the same law. No parliament can act beyond a power which we ourselves have agreed shall be with limitation lest we create a dictatorship……where a power is not expressly granted there is no power. 
  • ·        HIGH Court:   corroborating Quick& Garran:  Cth of Australia v State of NSW [1923] HCA 23:  the term “sovereign” to which we were invited to come in interpreting the Constitution upon the assumption that NSW is a “sovereign” State — would be with both unfounded and mischievous conclusions.  
  • ·        HIGH Court:  determining that LAND is “money” at 17:  HCA 34:  Cth v NSW  [1923] 33 CLR (1923). 
  • ·        Thanks to our forefathers who foresaw today – the framers had a profound disbelief in theory and knew better than to break with the authority of tradition.  Nothing was possible which did not already exist.  Architects did not venture into newfangled experiments with trendy ideas; instead they settled on fundamental principles laid down centuries before – now was not the time to experiment with that which had not been tried and proven. 
  • ·        The words: under the Constitution implies substantial subjection.     It is the Crown and not the Parliament that Legislative Authority is, according to Constitutional theory, directly vested …….

CONCLUSION

In the right hands and in accordance with the spirit of the common law intent and subject to the Constitution … Australia is especially blessed with Constitutional guarantees built into its purposive co-existence of one Federated governing system. We are duty bound to retain them for successive generations.

As such:  it is no accident that there is no hierarchy; nor order of governing precedence.    Each governing authority; and every statute; is jurisdictionally subject to the Commonwealth Constitution.  No one can assume or presume an Authority of some ‘elected’ administrative power not specifically granted to it. 

Federation under the sworn Oath is indefeasibly anchored to our Commonwealth Constitution, which comes to us through common law. Common Law specifically, underwrites our land law. Therefore knowing ones’ land-rights is neither complex nor complicated.   Ease of comprehension is with reasoned, intelligent, logic, from a reading down delivered with innate common sense.

LAND is [fee simple] real estate. Private Real Estate obviously, is privately owned. My land is my private economic investment; privately managed; and as the High Court has determined, once alienated is turned into money. I am permitted according to law to the self-determinations surrounding the use according to the Zoning Provisions sealed with the existing Deposited Plan  

I look forward to Local Government accepting the challenge given them by our pioneering settlers because it is certain, no man can be free whose rightful  energies are being unlawfully frustrated by those elected who themselves, have since  become lawless . 

June Weston
JINDABYNE
Juniw6@bigpond.com– for more explanations

Facebooktwittergoogle_plusredditpinterestlinkedinmailby feather