WITHOUT PREJUDICE Mr Tony Abbott MP Tony.Abbott.MP@aph.gov.au, info@pm.gov.

au
5 Cc: Mr Clive Palmer Palmer United Party Admin@PalmerUnited.com Premier Denis Napthine, Victoria denis.napthine@parliament.vic.gov.au Deborah Gough dgough@fairfaxmedia.com.au
Ref: 131117-G. H .Schorel-Hlavka O.W.B. to Mr Tony Abbott PM-

20-11-2013

Re proposed selling of ports.

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Tony, I have quoted below articles about the proposal by Daniel Andrews opposition of the Victorian ALP, and also that Premier Dennis Napthine has not ruled out to sell any port.

As a CONSTITUTIONALIST I urge you to make clear to the states that within the provisions of the constitution regarding navigation (see also s100) the Framers of the Constitution specifically provided for the Commonwealth to have legislative powers as to navigation of rivers and so including the ports. As such it is my view that the state cannot sell off any ports without the consent of the Commonwealth of Australia. It would be in my view false and misleading advertising and a gross deception also if any State were to embark upon a sales contract to sell a 20 port and then the purchasers afterwards discover that the Commonwealth of Australia is not bound by this.
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I refer to my correspondences that were published at my blog www.scribd.com/inspectorrikati http://www.scribd.com/doc/25420737/Chapter-696-Water-Constitution (published 19-1-2010), 25 http://www.scribd.com/doc/25488884/Religion-Education-Riparian-Rights-War-Rights-Etc (published 20--2010) and http://www.scribd.com/doc/161342766/130819-Mr-G-H-SchorelHlavka-to-Mr-Clive-Palmer-Re-Port-Expansion (published 19-8-2013) and they are very clear about the commonwealth of Australia overriding legislative powers.
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The issue isnt if the State can operate port facilities, but that it is always subject to the Commonwealth of Australia legislative powers. Any conduct by a state that may be deemed to interfere with the Commonwealth of Australia navigation powers then must give way by s109 of the constitution.

35 Hansard 21-1-1898 Constitution Convention Debates QUOTE Mr. GLYNN.-Then the right honorable member wishes to exercise what is simply the right of the strongest. The New South Wales Constitution Act was amended, as is apparent from the terms of the amending Act, in order to fix the Customs jurisdiction on the border of the two colonies. Before the amendment was made it was difficult to say, when an offence was committed against the Customs Acts of Victoria or of New South Wales, in which colony the offender should be tried, because it was impossible to locate the jurisdiction. It was therefore decided that the bed of the river should be the limit of and be within the [start page 52] boundary of New South Wales, and therefore in the future there can be no question as to within which court an offender against the Customs Acts can be tried. I think, therefore, that the claim, so far as international comity and so far as statute rights are concerned, is an exceedingly weak one, and I challenge p1 20-11-2013 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: You may order books in the INSPECTOR-RIKATI series by making a reservation, See also Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati

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the representatives of New South Wales to show upon what principle, or by what analogy of private right or of public comity, they can justify their attempt to diminish the reasonable flow of the Darling into the Murray. The honorable member (Mr. Gordon) has very properly gone into the principle of international law, and upon that point I will not therefore touch; but we ought not to be behind the belligerent nations of Europe in this matter. In 1814 and 1815 the principles of international comity which ought to operate in these matters between nations, and by analogy between states, were put into operation for the first time, and the Elbe and the Rhine were placed under a system of joint control for the purposes of navigation and improvements in navigation. Then in 1828, as Mr. Gordon pointed out, a similar policy was extended to the relative claims of America and Great Britain to the River St. Lawrence. In 1856 and 1857 we find such an uncivilized country as Turkey declaring the obligation in conscience of these very principles which we ask to be extended to the consideration of the Darling and the Murray question. I will quote the statement of the effect of the treaty given by Mr. Twiss in his work upon The Law of Nations considered as Independent Political Communities, and I lay emphasis upon the word "independent" because there is no sanction applying to these relations:The Treaty of Paris (30th March, 1856) has applied to the River Danube and its mouths the same principles of law which had been applied by the Christian Powers assembled at Vienna in 1815 to the rivers traversing or separating their respective territories, and has recorded that this arrangement with the Ottoman Porte forms part of the public law of Europe. The right of empire over any of the great arterial rivers of Europe has thus ceased to confer any exclusive privilege of navigation upon the nation which enjoys that right. On the contrary, each riverian state is under a conventional obligation to remove all obstacles to navigation which may arise in the bed of the river within its territory, and to maintain the banks and towing paths and other accessories to the navigation in such a condition as will best facilitate the circulation of the merchant vessels of all nations. A joint commission was appointed to make regulations for navigation and river police, to remove impediments to navigation, to construct any necessary works throughout the whole course of the river, to maintain the mouths and the neighbouring parts of the sea in a navigable condition, and to levy with perfect equality on the flags of all nations dues towards expenses. These are principles in operation by treaty between the belligerent states of the old world upon which I think we should act. Mr. REID.-We all recognise them. END QUOTE

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While Ministers are supposed to be constitutional advisers, regrettably they know next to nothing about the constitution. In the process the electors are deceived time and time again and I view this must stop! . 35 We had this problem with Queensland ports during the Peter Beattie period where ships were waiting outside the port because of lack of proper facilities. The Commonwealth of Australia somehow never then realising its constitutional powers to exist to override the State Government and to pursue the improvements that were needed, albeit through the Inter-State Commission. . 40 You may recall that Malcolm Turnbull in regard of my 2 July 2013 request (a repeat of the November 2009 request) for me to be appointed Inter-State Commissioner, responded that he would look into the matter. that was before the election was held. Well, his silence is deafening! And this despite that Section 101 of the constitution makes it mandatory for an Inter-State Commission to exist!
45 The Commonwealth of Australia Constitution Act 1900 (UK) QUOTE 100 Nor abridge right to use water The Commonwealth shall not, by any law or regulation of trade or commerce, abridge the right of a State or of the residents therein to 50 the reasonable use of the waters of rivers for conservation or irrigation. 101 Inter-State Commission There shall be an Inter-State Commission, with such powers of adjudication and administration as the Parliament deems necessary 55 for the execution and maintenance, within the Commonwealth, of the provisions of this Constitution relating to trade and commerce, and of all laws made thereunder. p2 20-11-2013 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: You may order books in the INSPECTOR-RIKATI series by making a reservation, See also Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati

END QUOTE

It is also my concern that political parties are willing to go through any length, so to say to screw the electors, by engaging in promises that they have no right to make and as such is false and 5 misleading and deceptive to the electors. We need to try to get the Honour back in politics and ensure that in particularly those leading the charge of a political party at least have some form of proper education what is constitutionally appropriate and not mouth off with a lot of nonsense. Wouldnt it be nice if we finally were back on track having politicians to sit in Parliament for the Honour to serve their respective constituents rather then for whatever their political parties 10 may seek to dictate?
http://www.heraldsun.com.au/news/victoria/premier-denis-napthine-hits-back-over-labor-transport-policy-to-fix-50worst-level-crossings-in-melbourne/story-fni0fit3-1226762847942 QUOTE 15

Premier Denis Napthine hits back over Labor transport policy to fix 50 worst level crossings in Melbourne
James Campbell and Tom Minear Herald Sun November 19, 2013 11:34AM

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LABOR'S $6 billion transport plan is "a recipe for gridlock, congestion and chaos", Premier Denis Napthine says. Labor has pledged that Melbourne's 50 worst level-crossings will be gone within eight years if it wins next year's state election. And it will pay the bill by a $6 billion sale of the Port of Melbourne.

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But Dr Napthine said today the Coalition's East West Link was a "real solution" and lashed Labor's plans to upgrade the West Gate as a "second-rate cheap con job". "What they are proposing in the west is an absolute slap in the face to the people of the western suburbs," Dr Napthine told 3AW. HAVE YOUR SAY: SCROLL DOWN TO JOIN THE DEBATE Casting doubt on Labor's core promise on level crossings, Dr Napthine said he didn't think it was possible to remove 50 crossings in eight years. "It would cause enormous chaos on our roads and rail. When you do a level crossing, you have to minimise the disruption," he said. Dr Napthine said Labor's plan offered "no new trams, no new trains, no new buses" and would "condemn us to decades of gridlock".

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Selling the Port of Melbourne was a "cheap money grab", the Premier said, while advocating the need for an "integrated port strategy" focused on a new port at Hastings. But he said the Coalition Government did see "some advantages" in widening the Tullamarine Freeway. Opposition Leader Daniel Andrews will today release his long-awaited alternative to the East West Link. He will pledge to remove 5000 trucks a day from the West Gate Bridge, by diverting them on to new tolled on-and-off ramps connecting to the Port of Melbourne. In its attempt to win voters fed up with traffic chaos, Labor will also promise: THOUSANDS of new and upgraded free parking spots at train stations. EXTRA lanes on the West Gate Freeway between Williamstown Road and the Western Ring Road. WIDENING of the Tullamarine Freeway to six lanes.

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STREAMLINING of Hoddle Street, using new traffic flow technology from America. $300 MILLION in its first budget on planning and early works on the Melbourne Metro rail tunnel. Labor will also pledge to spend $250m a year for eight years on repairing and upgrading outer suburban and regional roads, as a part of a plan it claims will create 10,000 jobs. Mr Andrews said he had listened to thousands of Victorians over the past three years and received a very p3 20-11-2013 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: You may order books in the INSPECTOR-RIKATI series by making a reservation, See also Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati

clear message. "Victorians are sick of the chaos and congestion at our level crossings, and putting up with overcrowded and late trains and crumbling suburban and country roads," he said. 5 "Over the past decade there have been almost 200 level crossing crashes, including many deaths. This has to stop." Labor's policy includes a list of 40 crossings to be removed, including all on the RACV's priority list. Ten other crossings to be removed would be announced later. The bid to remove the dangerous crossings has been welcomed by St Albans mother whose son was killed at a notorious level crossing. 10 Dianne Dejanovic's son, Christian, was killed at the Main Road, St Albans, crossing in January 2012 and she has campaigned to fix the crossing ever since. "Those that are the most dangerous should be removed first," she said. Labor's bid to woo voters at the next election comes almost four months after it announced it was opposed to East West Link Stage One, between the Eastern Freeway and CityLink. 15 It says its transport plans will go ahead if it wins the next election whether or not the contracts for the $6 billion-$8 billion tunnel have already been signed. Labor believes the Port of Melbourne is worth between $5 billion and $6 billion if it is privatised, which it says would cover the estimated cost of removing 50 of Melbourne's most congested and dangerous level crossings. 20 It argues that Melbourne's 180 level-crossings are the main barrier to Melbourne's being a world-class train system. Removing them would mean trains would be able to run every 10 minutes, eliminating the need for timetables. Labor would immediately allocate $20 million to tarmac and resurface parking spots at the train stations. 25 It also pledged that the bulk of any money raised from surplus land sales, when grade separations are carried out, would go towards expanding the number of free parking spots at train stations. And Labor says spending $60 million on a pilot study to import "continuous flow technology" from the United States could substantially increase traffic flow and reduce delays on Hoddle St. END QUOTE 30 http://news.silobreaker.com/denis-napthine-slams-labors-transport-plan-leaves-open-possibility-of-port-ofmelbourne-sale-5_2267252387682975812 QUOTE

Denis Napthine slams Labor's transport plan, leaves open possibility of Port of Melbourne sale
35 Labor's plan to sell the Port of Melbourne was a "premature sell-off", the Premier says, but he has left open the possibility of selling it after the Port of Hastings is developed. Denis Napthine said there needed to a strategy to make the Port of Hastings the main port for freight in Victoria and selling the Port of Melbourne could... END QUOTE 40

Awaiting your response,

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

MAY JUSTICE ALWAYS PREVAIL

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Our name is our motto!)

p4 20-11-2013 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: You may order books in the INSPECTOR-RIKATI series by making a reservation, See also Http://www.schorel-hlavka.com Blog at Http://www.scrib.com/InspectorRikati