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Mr Wayne Wall, Municipal Fire Prevention Officer

buloke@buloke.vic.gov.au
Cc:

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2-11-2015

Elliott Stafford and Associated lawyers@elliottstafford.com.au

Buloke Shire Council buloke@buloke.vic.gov.au
Ref; 20151102-Schorel-Hlavka O.W.B. to Mr Wayne Wall-Re Buloke Shire Council
Re my view about a Fire Prevention Notice REQUIREMENTS-etc

Wayne,
As a matter of courtesy I provide you with an extract of my writings to the court.

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QUOTE 20151102-Schorel-Hlavka O.W.B. to Mr Peter Kidd CJ County Court of Victoria-Re Buloke Shire Council
-APPEAL-15-2502- Re COMPLAINT -Supplement 2
The essence is that where the Court held that council exercising delegated powers of the State then had the
position of the state. Numerous other Authorities are of the same findings. This then applies also where a
council seeks to enforce State legislation as is with Buloke Shire Council it then is in a standing of the
position of the State and must comply with the limitations provided for by State legislation being the Country
Fire Authority Act 1958 and cannot upon its own undertaking exceeds the legislative powers delegated to a
council Municipal Fire Prevention Officer. Therefore, where the Country Fire Authority Act 1958 excludes
building and content then the Municipal Fire Prevention Officer has no powers to demand removal of all
combustible materials as it is in violation of the delegated powers. Using the terminology all combustible
material in itself indicates a violation of the exclusion provided for in the legislation as well as that the
Municipal Fire Prevention Officer continually year after year issuing such worded notices never really
understood nor applied appropriately his powers as a Municipal Fire Prevention Officer. In my view a Fire
Prevention Notice should be containing for example such as The removal of the 4 drums marked HAZARD
that are situated at the left side of the front gate. While I do not have such drums and merely use it as an
example, it is however a notification the land holder then knows what precisely is held to be a fire danger.
The landowner may then request the Municipal Fire Prevention Officer to amend his fire Prevention Notice
say because the drums do not contain hazardous materials but contains sand/soil as to form a protection
against motor vehicles accidentally driving onto the yard. As such a Fire Prevention Notice must be specific
as to allow the land holder to dispute any matter stated and the Municipal fire prevention officer who may
have had the opinion based on the marking of the drums there could be a fire danger then may find that the
content is not a fire danger and then amend or withdraw the Fire Prevention Notice. However a general fire
prevention Notice would deny a landowner to be aware what precisely was the issue that the Municipal Fire
Prevention Officer formed his opinion, and as such denied to be able to reasonably comply with the Fire
Prevention Notice. It might very well be that the Fire prevention Notice may have an issue with the location
of wood stacked up for an open fire and so may hold that it should be moved to another location within the
property to avoid for example sparks from the chimney to accidentally put the fire wood on fire. As such the
removal of all combustible material would fail to be a proper indication as to what might be the real issue
and denied the landholder his FEE SIMPLE rights in general. Numerous properties have fire wood stacked
up because of usage for open fires and the direction removal of all combustible material would unduly
interfere with a landholders rights and not intended as such with the provisions of the Country Fire Authority
Act 1958. It is absurd to hold that because a building may exist (on a property) that is of combustible material
then a Fire Prevention Notice is justified and without any evidence then the landholder can be found guilty
this even so the Country Fire Authority Act 1958 has no such intention!
While His Honour Mullaly appeared to me to indicate that I sought somehow to be excluded from
enforcement of legislation the truth is that I pursue the correct enforcement of legislation (albeit without
conceding the legislation to be valid in law as that is another constitutional issue). Because any property
ordinary contains combustible materials which may not at all be a fire hazard, the usage of the wording
removal of all combustible materials indicates that therefore the Municipal Fire Prevention Officer didnt
form an opinion because the Fire Prevention Notice is not issued specifically to the circumstances of a
p1
2-11-2015
Mr G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: E-mail admin@inspector-rikati.com See also blog Http://www.scribd.com/InspectorRikati

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particular property but rather is a general usage to whatever condition and circumstances there may exist and
as such violated the legal requirements of the Municipal Fire Prevention Officer to form an opinion.
The usage of the word opinion must in the context of the legislation be deemed to imply that the Municipal
Fire Prevention Officer has a proper training and understanding as to what is a fire danger and the notice will
specify what are the particular issues. The usage of removal of all combustible materials doesnt state what
specific issue is to be addressed and leaves it up to the landholder to guess what on earth was intended by the
Municipal Fire Prevention Officer. Clearly this is not what the legislation (Country Fire Authority Act 1958)
intended!
END QUOTE 20151102-Schorel-Hlavka O.W.B. to Mr Peter Kidd CJ County Court of Victoria-Re Buloke Shire
Council -APPEAL-15-2502- Re COMPLAINT -Supplement 2

You may or may not have different views at least you might understand what my views are, and if I had
been in charge in Buloke Shire Council I certainly would have ensured that you would have been
provided with appropriate guidance that Fire prevention Notices would be issued that actually explains
the precise issues of concern. This so that a property owner has a fair and decent opportunity to act and
that the real fire danger, if there is any, can be addressed.
I look forwards to your positive reply!

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This document is not intended and neither must be perceived to refer to all details/issues.

MAY JUSTICE ALWAYS PREVAIL

(Our name is our motto!)
Awaiting your response,

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

p2
2-11-2015
Mr G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: E-mail admin@inspector-rikati.com See also blog Http://www.scribd.com/InspectorRikati