Basic Reference

This page shows only a very small section of references where you can start to understand your rights, with respect to Council and Local Governments.

RATES,  WATER,  PARKING,  SPEEDING,  LOCAL LAW INFRINGEMENT

Ratepayer Rights

An estate in fee simple, outright ownership without reference to a higher authority to dispose of lease, mortgage or Trust.  You have the right to do what ever you wish but not to affect your neighbour’s enjoyment of his/her land.

Local Government Law

Are administrative Law that on Fee Simple Property is illegal under International Law and Federal Law –
High Court Rulings Section 25. Judiciary Act 1903,

‘All High Court Rulings must be ENFORCED BY LAW'

Natural Justice

Part 2. 4. 3. Legislative Standard Act 1992
(B) The legislation ‘is consistent with principles of NATURAL  JUSTICE: 
          and
 (g) ‘does not adversely affect RIGHTS  and LIBERTIES, or 
      impose  RETROSPECTIVELY OBLIGATIONS

Entry to Land

No one has the right to enter property except police during the execution of an arrest warrant or execution of a search warrant in relation to a criminal investigation. 

Commonwealth H.C.R.

• DillonVsPlenty. 
• GeorgeVsRocket. 
• HallidayVsNevill.

Legal proceedings

Legal Proceeding 'Unapproved Structures', Parking offences, miscelaneous, etc.
Council Local Laws[for most councils]. General Defence for owners of Land or vehicles.

If a local law makes the owner of land or vehicle guilty of an offence if a particular Act or omission with respect to the land or vehicle, it is a defence for the OWNER to prove that
(a) the Act or omission happened without the owner’s knowledge or consent,
and
(b) the owner could not, by reasonable diligence have prevented the Act or omission
Crimes Act Commonwealth 1914. Section 24 F. “Certain Acts done in good faith, not unlawful’
Criminal Code Act Qld. 1899. ‘Innocent Intentions’

Pet Ownership

Non-consent use.
Breeding and exhibition is a recreational Activity.
His Honour Mr.Justice Darling in Marshall Vs Graham (1907) 2 K B (1) 124. i.e. Section 17.
‘land used exclusively for the setting apart of a single swelling house includes any other use that may be associated with the enjoyment of the land for that purpose:
- Domestic pets are a non-consent requirement associated with the occupation of a ‘dwelling house’, prior legislation, the Local Government (Planning and Environment) Act 1990 & 1991.

Regulations were not repealed until the I.P.A. Chapter 6. Division 10. Part 2. came into force on 3 July 1998.
It is lawful to have 2 dogs, however it is clearly unlawful of Councils to demand fees for dog registration due to the Pre existing rights under Section 17 of that Act.

Lawful Uses

Section 1.4.2 of the Integrated Planning act 1997/8
'Lawful uses of premises protected'

Section 1.4.3 of the I.P.A 1997/8
'Application of Acts'

Section 4.3.29 of the I.P.A 1997/8
'Continuing effect of approvals issued before commencement'

Section 266 of the Building Act 1975
'Lawfully constructed building or structures protected'

Self assemble and exempt

I.P.A. 1997 Schedule 8. Part 1. Table 1.
Building Act 1975. Section 21, Section 27 or Section 3.2.2Bof the Act Interpretation Act 1954. Section 14A.