cppa, property rights, NSW FARMERS, LAND RIGHTS, Constitutional Vandalism, climate policy, simple fee, land grab, climate change, land clearing, KYOTO AGREEMENT, greenhouse, global warming, native vegetation, gas emissions, rural property

Perpetual Guardians, of Australia’s Secure Property Rights.

Australian material about property theft, Kyoto, carbon emissions Overseas material supporting our case against property theft, Kyoto, carbon emissions Support Farmers and Small Rural Landowners affected by Natural Resource Management Acts (Native Vegetation & Water) Read about Governments actions to grag control from farmers lands Ordinary people stating venting their feelings about Government removing property owner’s rights through more and more restrictions over their small parcel of land Letters from Land owners who are suffering from Government land theft Express your thoughts on the effects of the Native Vegetation Acts and the land restrictions they impose Send us an email on your comments about issues about land grab effects from the Native Vegetation Acts

Commonwealth Property Protection Association

Standing up for What is Right and Against Property Injustices

Petition summary and background

On 17 June 2009 the Land Acquisition (Just Terms Compensation) Amendment Bill 2009 was passed late at night in the NSW Parliament. The NSW Government has said the need for the Bill has arisen because of the decision of the High Court in R&R Fazzolari Pty Ltd v Parramatta Council and Mac’s Pty Ltd v Parramatta Council and the Minister Administering the Local Government Act 1919 [2009] HCA 12.

In this case the Court found that Parramatta Council needed the approval of the landowners and could not compulsorily acquire their land for the purpose of reselling their land to a developer, Grocon.

The changes introduced by this Bill deliberately create a loophole which will allow the legal fiction of councils anywhere in New South Wales (not just Parramatta Council), being able to acquire their own land including roads (which they already own!), to then enable the council to compulsorily acquire privately owned land in the vicinity of the land or road for the purpose of resale to a developer.

Now any time any council in New South Wales does a deal with a developer they will be able to use this legislation to firstly acquire their own lands, including roads, then to compulsorily acquire all the privately owned land in the vicinity, to get around having to get the landowner’s consent to acquire their land.
It is a serious erosion of landowner’s rights and an unjustified extension of council’s rights to acquire land by compulsory process from private landowners.

If you think this Is fair and just - DO NOTHING, but if you are fair minded click below and let them know your disapproval!

http://www.savepropertyrights.com.au/petition.php 

 

Australian Prime Minister silent on massive land grab for Kyoto.

 Prime Minister Kevin Rudd of Australia while sitting with his G8 Colleagues will not tell them or the international Community that his Government has mislead them and the UNFCCC by not explaining his Government has applied immoral practices by using bio sequestration for carbon emission reduction on land expropriated from farmers.

right across Australia.

 This act was promoted and propelled by spin doctors using millions of dollar to have left wing reports written undermining secure “Property Rights” alleging the land always belonged to the State creating a complete distortion of history and the role secure land rights have played in the development of modern civilisation. 

“Imagine how you'd feel if government slashed the value of your family home... Well, that's happening to many Australian farmers across Australia under nation-wide native vegetation laws. They sound innocuous, but they represent the greatest act of theft in Australian history since the dispossession of the Aborigines” ABC radio Australia  Google - Great White Land Grab.

 At Kyoto the Australia Government got away with the “Australia Clause” in 1997 and the world was not happy. Australia hid the truth under new mysterious terms like LULUCF or land use change. This act allowed Australia to go 8% over their 1990 levels of emissions with no penalties. It also allowed the Governments friends the money making coal industry to keep polluting with business as usual policies while 19% of Australian Farm land was locked up and millions of acres were subsequently stolen with thousands of farmers families lives destroyed…

 All this was achieved because the Australian Government concocted the greatest deception in the Nations history. The entire agreement signed under the Kyoto Protocol was nothing more then PR exercise to Australia, was based on lies.

 The fact is the Australian Government does not own any land that could be subject to the agreement – to change its land use. The entire commitment was to be met by a planned – premeditated theft of private land.

 The States were paid over 4.4 billion dollars to carry out the treachery and they the States received, in return, the Green Party supporters in the Polls. The Commonwealth Government obtained 87.7 MT of carbon offsets to balance the energy industries 88 MT of pollution. The Australian Government in their UNFCCC reports claimed they had met their targets with a wide range of community-based programmes. Subsequently saving 10s of  billions of dollars in carbon trading certificates.

 In fact even a casual attempt at research quickly reveals over 95 % of the emission mitigation is directly due to the locked up land of the exploited farmers.

 Some of these land owners lost thousands of acres, all of their land, others lost portions of their holdings. All have been entirely ignored even the courts have denied them access with farmers attempting to access the Courts for 2 and a half years – since the final regulations came down in Nov 2005, but the Judiciary and the Government Solicitor’s moving every time to strike the case out claiming there is no case to answer.

 The national Farmers Federation told the Australian Government in a submission to the Prime Ministerial Task Force on Emissions Trading that the farmers were losing $500 million annually being the value the greenhouse abatement being achieved by the lock up of private land.

 The cost to the Australian Government if a court victory was obtained would now be in excess of 20 Billion Dollars with interest.

 However the government has sponsored laws so draconian that constitutional lawyers have said they broke our Constitution and when the laws were presented as bills legislative review committees said they were deigning the presumption of innocence and reversing the onus of proof along with numerous other draconian inclusions including the farmers been charged criminally if they went on their own land and cut vegetation with accompanied fines of a minimum of $1.1million dollars.

 The green entrenched media in Australia are totally blind to the fact this represents a threat to the rule of law. Yet when One Mohamed Haneef was arrested in 2007 on the Australian Gold Coast the Australian media screamed foul alleging he had lost the presumption of innocence - this was one man…In the great white land grab over 30,000 farmers who lost the rights to their land, and their presumption of innocence. All Australian landowners lost their fundamental rights to land

 In fear they were stopped from their right to earn a living for their families, threatened with imprisonment and millions in fines, they lost their right to natural justice and the media totally ignored the entire disgraceful event……all in the name of the new green religion.

Geoffrey Robertson Author of the Justice Game has written af` book regarding Australia being the only Western Democracy with out a Bill of Rights. “The Statue of Liberty – How Australia can get back their rights.

Politicians like Bob Carr former Premier of NSW brag about how he took away peoples rights and the use of their land – He made the following claim in a Sydney Daily Telegraph Editorial.

“One of my first acts as premier in 1995 was to introduce controls on the clearing of native vegetation. It was controversial and it involved me in endless arguments. But stopping broad acre land clearing in NSW (Queensland followed) is the only thing that has enabled Prime Minister John Howard to boast that Australia can meet its Kyoto targets.”

Australia has breeched numerous international treaties in pursuing this deception.

 

Kyoto Protocol to the United Nations Framework Convention on Climate Change

The below graph from the Australian Governments report to the UNFCCC.  The Energy sector produces 88.2 Mt CO2-e the LULUCF produces MINUS  - 87.5 Mt CO2-e

 

The real test is going to come when the Australian Government draws closer to the date of 2012 and finds the entire balance of the UNFCCC National Inventory is subject to question and can not be guaranteed.  In the Federal Court of Australia - Spencer v Commonwealth of Australia (2008) Judge Emmett said “there is a seriously arguable case for concluding that there has been an acquisition of property of Mr Spencer’s.

Not only does this place the entire Inventory under question but in addition The current Carbon Pollution Reduction Scheme Bill 2009 on the floor of the Commonwealth Parliament when passed will provide the trigger for the Minister to activate – Part 4 Div 3 Kyoto Units under Section 111 of the Bill to allow Compliance By Australia with emission trading eligibility requirements under the Kyoto rules.

This is in addition to the Protocol conditions in numerous areas of the lengthy accreditations requirements and now with farmers about to lodge their claim direct with the UNFCCC and in addition the Court proceedings referred to above and the Constitutional challenge mentioned under section 51 ss31 where the Parliament cannot make laws that take property on other than “Just Terms”, collectively indicate a very rocky road ahead for Australians Kyoto credentials.

The Government of Australia has resisted all opportunities to rectify the matter, justly. The government refused to have the polluter pay the farmer for the mitigation of the emissions from the coal fired power stations.

 Subsequently deciding instead to reward the polluter, the energy producer, with billions of dollars of free certificates and the mitigating farmers received nothing not even the right to trade their vegetation.  

The Australian Government are also arrogantly in breech of some of the most fundamental rights known to civilised society but they excuse themselves by way of even though they are signatories to the Vienna Convention Australia refuses to pass laws in Australia corresponding to the intentional Treaties hence the courts will not recognise the fundamental principles of the treaties.

The Australian Government treats the international community with cavalier contempt. They present the image of being subservient to these global initiatives to advance the betterment of humanity, but at home conduct affairs in a most questionable almost adolescent indulgence.

The average Australian cannot even get to a Federal or High Court so Australians do not realise the freedoms embodied in the flag that so many Anzacs died for as represented in our Constitution do not exist……in that they are taken out of our reach.

This achieved by power hungry individuals - neo aristocratic, immoral power brokers. Once they are elected they do what ever it takes to remain in power.

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They are also in breach of the “The International Covenant on Civil and Political Rights”

  Part 1 Article 1

2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.

3. Each State Party to the present Covenant undertakes:

(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;

(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;

(c) To ensure that the competent authorities shall enforce such remedies when granted.

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They are also in breach of the “International Bill of Human Rights.”

Article 8:

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 17.

 1. Every one has the right to own property alone as in association with others .

              2. No one shall be arbitrarily deprived of his property. 

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Australian Prime Minister Rudd should explain to the international Community how he justifies this uncivilised treatment of his own people. Yet he can globe trot touting his relation ship with the church and justice.

 

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