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1
2
3 Buloke Shire Council 14-11-2019
4 Mayor, Cr Carolyn Stewart
5 Mobile: 0488 032 063 Email: crstewart@buloke.vic.gov.au
6 Cc:
7 Deputy Mayor, Cr Daryl Warren (Mount Jeffcott Ward)

8 Mobile: 0427 194 422 Email: crwarren@buloke.vic.gov.au


9
10 Cr Graeme Milne (Mount Jeffcott Ward) Mobile: 0419 126 911 Email: crmilne@buloke.vic.gov.au
11
12 Cr David Pollard (Lower Avoca Ward) Mobile: 0458 918 638 Email: crpollard@buloke.vic.gov.au
13
14 Cr John Shaw (Lower Avoca Ward) Mobile: 0488 034 182 Email: crshaw@buloke.vic.gov.au
15
16 Cr Ellen White (Mallee Ward) Mobile: 0417 560 706 Email: crwhite@buloke.vic.gov.au
17
18 Cr David Vis (Mallee Ward) Mobile: 0488 032 723 Email: crvis@buloke.vic.gov.au
19
20 Mr Anthony Judd, CEO Buloke Shire buloke@buloke.vic.gov.au c/o KMcInerney@buloke.vic.gov.au
21
22 20191114-Mr G. H. Schorel-Hlavka O.W.B. to Mayor, Buloke Shire Council-Cr Carolyn Stewart & ors
23
24 Madam,
25 Regretfully despite my past writings matters have worsened rather than any
26 improvements being made and I will to some extend detail them.
27 .
28 As you might be aware Mr Barnaby Joyce federal politician raised the FIRE DANGER issue and
29 well seemed to have copped the flack. I do not know what precisely he stated save to say that I
30 am pleased finally a politician has so to say gone to bat as the horrendous results of devastating
31 fires such not only burning trees and property but also ending up killing humans needs to be
32 appropriately addressed.
33 As I intend to set out below regardless what legislative provisions are in place Buloke Shire
34 Council is a clear example of total disregard to compliance and I view each and every councillor
35 should face criminal charges and if convicted spend some time in prison and so the CEA and Mr
36 Wayne Wall so that you all can be an example that if you place yourself above the rule of law
37 then you need to face the criminal sanctions of this.
38 Obviously, it is for me to set out some basic issues. It would be beyond the scope of this
39 correspondence to include thousands of photographs and video’s that I have been taking over the
40 past 7 years but save to say those photographs reproduced below should ample of indication
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1 there is a serious problem with Buloke Shire Council gross mismanagement of FIRE DANGERS
2 and Councillor Milne can spare me his absurd comments (as he did in the past) as if he cannot
3 understand/comprehend issues set out then he in my view is grossly incompetent to be a
4 councillor.
5
6 On 11 October 2019 I was about to drive of to Berriwillock to attend to my property when I
7 noticed my wife (who will be 87 on 18 November 2019) to be unstable on her feet. I unhooked
8 my trailer and unloaded the front of the car so she could be transported to hospital and she was
9 admitted into emergency of Austin Hospital with heart failure and ended up in ICU (Intensive
10 Care Unit) and spend 10 days in hospital. My wife afterwards gave me the understanding she
11 was trying to hide her health problems so she would not cause a delay in my trip to Berriwillock.
12 I last week, before leaving to Berriwillock made known to my wife that if there was any
13 emergency all she needed to do was to press on the phone button and I would immediately come
14 home from Berriwillock. Last Saturday while at Berrwillock I noticed my wife having 3 times
15 pressed the button and so I had to so to say race about 350 kilometres home at Viewbank.
16 Luckily my wife was still alive and her got over the spell she had. Still, I view this has gone far
17 to far and it appears to me that CEO Anthony Judd failed to honour his communication to me. As
18 so far I had no feedback and matters worsened.

19
20 QUOTE

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Page 3

1 Subject: G.H.Schorel-Hlavka to Wayne Wall


From Mr G. H. Schorel-Hlavka O.W.B.
To Buloke Shire Council
Cc Gerrit Schorel-Hlavka O.W.B.
Reply-To admin@inspector-rikati.com

Date 2019-10-08 22:59


2
3 Wayne,

4 Your notice was received on Monday 23 September 2019 but it appears


5 dated about 11 September 2019.

6 I had all along contemplated to travel to Berriwillock (for slashing the


7 weed/grass, etc on 7 October 2019 however due to my wife illness had to
8 delay this but I anticipate to do the works before 20 October 2019. Hence
9 better leave your round till after 20 October 2019 as to avoid paperwork,
10 etc.

11 Gerrit

12
13 --
14 Mr G. H. Schorel-Hlavka O.W.B.
15 MAY JUSTICE ALWAYS PREVAIL®
16 107 Graham Road
17 Viewbank 3084, Victoria, Australia
18
19 Author of INSPECTOR-RIKATI® books on certain constitutional and other legal
20 issues.
21
22 THE MORAL OF A SOCIETY CAN BE MEASURED BY HOW IT PROVIDES FOR THE DISABLED
23 END QUOTE
24
25 Wayne Wall responded via email on 9 October 2019
26 QUOTE

27
28 END QUOTE
29 QUOTE

30
31 END QUOTE

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Page 4

1 What is clear is that Mr Wayne Wall start his first inspection on 14 October 2019, he showed a
2 total disregard to what I write to him!
3 .

4
5
6 A copy was also sent by him to Howard Mill and Rodney Hotker In Fact Wayne Wall proved
7 that he targeted my property to be done on 14 October 2019 instead of say leave it until after 20
8 October 2019 as I indicated considering my wife’s ill health.
9 However I then responded as follows, do note the copies to others also:
10 QUOTE
11 Subject: Re: G.H.Schorel-Hlavka to
12 Wayne Wall
From Mr G. H. Schorel-Hlavka O.W.B.
To Wayne Wall
Cc Gerrit Schorel-Hlavka O.W.B., Records, Howard Mill, Rodney Hotker
Reply-To admin@inspector-rikati.com

Date 2019-10-14 12:17


13
14 Wayne,

15

16 I last Friday was about to leave when I noticed my wife (next months
17 87) in a distress state. She urged me to just to leave to Berriwillock but
18 I made clear not until she was checked at the hospital. I took her there
19 and she was immediately admitted with a pulse of 155, fluid in the
20 lungs, etc.

21

22 She is still in hospital.

23

24 The doctor gave me the understanding that had I not presented my wife
25 to the hospital (Austin) she most likely would have died within hours as
26 the heart would not have been able to sustain the pressure.

27

28 In the circumstances I had to delay my trip to Berriwillock and expect


29 you will cooperate and leave any checking to the last possible day in
30 October. Any notice you already may have issues I request you to
31 withdraw, due to the circumstances prevailing.

32 My wife was obviously more concerned for trying to have a legal bout
33 with Buloke Shire Council but in my view had I left her I would have
14-11-2019 Page 4 © Mr G. H. Schorel-Hlavka O.W.B.
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Page 5

1 likely returned home with my wife dead and that was not what I desired
2 to do.

3 At the moment her doctor has not indicated when my wife can be
4 discharged albeit she appears to make good progress.

6 As for my wife she feels like being in a prison, unable to move about all
7 tied up with hoses to instruments, etc. She misses her freedom.

8 Gerrit
9 ---
10 Mr G. H. Schorel-Hlavka O.W.B.
11 MAY JUSTICE ALWAYS PREVAIL®
12 107 Graham Road
13 Viewbank 3084, Victoria, Australia
14
15 Author of INSPECTOR-RIKATI® books on certain constitutional and other
16 legal issues.
17
18 THE MORAL OF A SOCIETY CAN BE MEASURED BY HOW IT PROVIDES FOR THE
19 DISABLED
20
21 On 2019-10-09 12:28, Wayne Wall wrote:
22 Mr Shorel-Hlavka.

23
24 I advise that the fire inspection will be starting on the 14-10-19, as per usual the northern towns
25 will be the first inspected.

26
27 If a FPN is issued the Landowner/s will have 28 days from the date of the notice to comply with
28 the conditions of the notice.

29
30 This period should allow landowners sufficent time in which to ensure the land is compliant.

31
32
33
34 Wayne Wall

35 Team Leader Compliance

36 Buloke Shire Council

37
38 p. 1300 520 520

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Page 6

1 f. 03 5493 7395

2 a. PO Box 1, Wycheproof VIC 3527

3 WWall@buloke.vic.gov.au

4 http://www.buloke.vic.gov.au

5 From: Records
6 Sent: Wednesday, 9 October 2019 11:59 AM
7 To: Wayne Wall <WWall@buloke.vic.gov.au>
8 Cc: Rodney Hotker <RHotker@buloke.vic.gov.au>
9 Subject: FW: G.H.Schorel-Hlavka to Wayne Wall

10

11 Hi,
12

13 This has been registered,


14
15 File – ES/11/02
16

17 Doc-19-008197
18

19 Property-250200504
20
21 Please use the file and document number if responding and send a copy to records.
22

23 Kind Regards
24
25 Amy Thiesz
26 Team Leader Records

27 Buloke Shire Council

28
29 p. 1300 520 520

30 f. 03 5493 7395

31 a. PO Box 1, Wycheproof VIC 3527

32 AThiesz@buloke.vic.gov.au

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Page 7

1 http://www.buloke.vic.gov.au

2 From: Mr G. H. Schorel-Hlavka O.W.B. [mailto:admin@inspector-rikati.com]


3 Sent: Tuesday, 8 October 2019 11:00 PM
4 To: Records <Buloke@buloke.vic.gov.au>
5 Cc: Gerrit Schorel-Hlavka O.W.B. <admin@inspector-rikati.com>
6 Subject: G.H.Schorel-Hlavka to Wayne Wall

8 Wayne,

9 Your notice was received on Monday 23 September 2019 but it appears


10 dated about 11 September 2019.

11 I had all along contemplated to travel to Berriwillock (for slashing the


12 weed/grass, etc on 7 October 2019 however due to my wife illness had
13 to delay this but I anticipate to do the works before 20 October 2019.
14 Hence better leave your round till after 20 October 2019 as to avoid
15 paperwork, etc.

16 Gerrit

17

18 --
19 Mr G. H. Schorel-Hlavka O.W.B.
20 MAY JUSTICE ALWAYS PREVAIL®
21 107 Graham Road
22 Viewbank 3084, Victoria, Australia
23
24 Author of INSPECTOR-RIKATI® books on certain constitutional and other
25 legal issues.
26
27 THE MORAL OF A SOCIETY CAN BE MEASURED BY HOW IT PROVIDES FOR THE
28 DISABLED
29 END QUOTE
30
31 Again
32 QUOTE

33 In the circumstances I had to delay


34 my trip to Berriwillock and expect you
35 will cooperate and leave any checking
36 to the last possible day in October.
37 Any notice you already may have
38 issues I request you to withdraw, due
39 to the circumstances prevailing.
40 END QUOTE
41
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Page 8

1 Well, Wayne Wall obviously couldn’t care less as I subsequently received a correspondence
2 dated 14 October 2019
3

4
5
6 It should be noted that this is the rear of the property about 104 metres from the Anderson
7 Avenue bitumen road. And as this was actually an issue during the legal proceeding before His
8 Honour Carmody in Buloke Shire Council v Schorel-Hlavka in 2016 then this was the back of
9 the house then clearly what Wayne Wall makes clear is that regardless how far the growth is
10 from the bitumen road nevertheless it must all be removed. It is not relevant to him if the growth
11 is 1 metre or 100 metres away as the issue of FIRE DANGER must be addressed. Well so it
12 seems to be his issue.
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Page 9

2
3
4 Again, this is the rear lane gate that is about 104 metre from the bitumen Anderson Avenue
5 Berriwillock (a.k.a. Berriwillick-Birship Road).
6
7 Well on 11 October 2019 when about to drive off I noticed my wife in a distress state and while
8 she urged me to go to Berriwillock I unhooked the trailer containing the ride-on mower, etc, and
9 unloaded the car partly (so she could sit in it) and drive her to Austin Hospital where my wife
10 ended up in ICU (Intensive Care) and the doctor made clear my wife likely would have died
11 within hours had I not presented her to emergency in hospital.
12
13 Few people would possibly bother to communicate with Wayne Wall as I did but it is clear he in
14 my view is cold hearted and couldn’t give a darn about the health issues I referred to.
15
16 BUT IS IT REALLY ABOUT FIRE PROTECTION?
17
18 Prior to last week leaving to Berriwillock I had explained to my wife that if there was any health
19 issue and she couldn’t talk then all she needed was to click on the phone sign of my email to her
20 (I showed her how to do) and I would be aware that she had medical problems and would
21 immediately come back to Viewbank.
22
23 Because I have hearing problems and use hearing aids I do not hear the mobile when working
24 and so noticing various calls when I checked the mobile (I had my brush cutter working that also
25 makes a lot of noise) I noticed my wife’s various calls. It is impossible when brush cutting to
26 check every few minutes a mobile as the kind of work would be too dangerous to do so.

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Page 10

1 Olga emergency calls

2
3 IMG_20191114_174430-cr-01-Olga emergency calls
4
5 Call at 15.52 9/11/2019
6 Call at 16.05 9/11/2019
7 Call at 17.44 9/11/2019
8 Call at 17.45 9/11/2019
9 Call at 17.46 9/11/2019
10

11
12 My message at 17.49 (PM) 9 October 2019
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Page 11

1 In the hurry to try to get back to my wife I ended up injuring myself (for which I did attend to a
2 doctor and prescribed medication) when seeking to pack up for the trip home!

3
4
5 Call at 20.21 9/11/2019
6 Call at 20.25 9/11/2019
7
8 When I am driving I cannot answer any calls and neither would it make sense to try to answer
9 where my wife cannot reply.
10
11 While there will always be people who will argue that if you own a property well then you
12 have to cop the consequences and Mr Wayne Wall being the Fire Protection Officer made a
13 decision that the fire danger on any property cannot be limited to a mere metre or so from
14 the bitumen but should concern the entire property regardless if privately or publicly
15 owned.
16 Again:
17 BUT IS IT REALLY ABOUT FIRE PROTECTION?
18
19 QUOTE 6-11-2019
20 Subject: Re: FPN
From Mr G. H. Schorel-Hlavka O.W.B.
To Wayne Wall
Cc Gerrit Schorel-Hlavka O.W.B.
Reply-To admin@inspector-rikati.com
Date Wed 21:10

21
22 Attachments
23  DOC231019-23102019163910.pdf (~632 KB)Show options

24 Message Body
25 Wayne Wall,

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Page 12

2 can you advise (S. 3(1) def. of Chief Officer amended by No.
3 5/2012 s. 3(d).) "Chief Officer means the Chief Officer of all
4 brigades;" as considering the recent changes in 2019 with a separation
5 of CFA and ordinary fire bridge personnel I do not desire to have an
6 error in that regard. This so I can pursue a Section 41C
7 appeal. Including his communication email address.

8 In my view, the Fire Prevention Notices should not have been issues or
9 in the alternative have been withdrawn considering that I had indicated
10 I contemplated to travel to Berriwillock for purpose of clearing the
11 property. But as like last year when I did so as indicated you
12 nevertheless issued a few days prior to that I attended well aware I was
13 due to arrie at Berriwillock.
14 END QUOTE 6-11-2019
15
16 What I discovered was that while Premier Daniel Andrews was so much about Fire Brigade
17 issues in the end to my understanding nothing has been improved.
18
19 QUOTE
20 Chief Officer Country Fire Authority 22-11-2016
21 cfa-customer-support@cfa.vic.gov.au
22
23 Ref; 20161122-Schorel-Hlavka O.W.B. to Chief Officer-Re Buloke Shire Council -Re Fire Prevention Notice –
24 COMPLAINT & APPEAL
25 Sir/Madam,
26 on 17 October 2016 I received a notice that purports to be a Fire Prevention Notice
27 104 2625 from Mr Wayne Wall Municipal fire prevention Officer Buloke Shire, regarding my
28 property at 10 Anderson Avenue Berriwillock, which I requested to be withdrawn in that the
29 notice yet again is in violation to the legal provisions of the Country Fire Authority Act 1958. I
30 yesterday 21-11-2016 received via Australia Post
31 Fires are serious issues in particular where firefighters and others lives are at risk, and as such I
32 take the matter with concern.
33 END QUOTE
34
35 I AM NOT AWARE OF ANY RESPONSE TO THIS APPEAL!
36
37 QUOTE
38 Chief Officer Country Fire Authority 31-10-2019
39 cfa-customer-support@cfa.vic.gov.au
40
41 Ref; 20191031-Schorel-Hlavka O.W.B. to Chief Officer-Re Buloke Shire Council -Re Fire Prevention Notice –
42 COMPLAINT & APPEAL Section 41C of the Country Fire Authority Act 1958
43 Sir/Madam,
44 I yesterday 30 October 2019 received via Australia Post a 23 October 2019
45 correspondence from Mr Wayne Wall Municipal Fire Prevention Officer in regard of my
46 complaint notice 13041
47 END QUOTE
48
49 I AM NOT AWARE OF ANY RESPONSE TO THIS APPEAL OTHER THAN THAT
50 THE CHIEF OFFICER DIDN’T UNDERSTAND WHY I APPEALED TO HIM.
51 This even so the Country Fire Authority Act 41C provides for such an appeal!
52
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Page 13

1
2 Version No. 151, Country Fire Authority Act 1958, No. 6228 of 1958, Version incorporating amendments as at,
3 23 September 2015, 3 Definitions
4 QUOTE
5 43 Duties and powers of councils and public authorities in relation to fire

6 (1) In the country area of Victoria it is the duty of every municipal council and public authority
7 to take all practicable steps (including burning) to prevent the occurrence of fires on, and
8 minimise the danger of the spread of fires on and from—

9 (a) any land vested in it or under its control or management; and

10 (b) any road under its care and management.

11 (2) A municipal council or public authority may—

12 (a) acquire any equipment;

13 (b) do any thing;

14 (c) expend from its funds any amount—

15 that is necessary or expedient for the purpose of fulfilling its duty under subsection (1).

16 (3) If the cost of maintenance of a road is apportioned between municipal councils or public authorities
17 or both the cost of fulfilling the duty imposed by subsection (1) must be apportioned in the same
18 manner.
19 END QUOTE
20
21 BUT IS IT REALLY ABOUT FIRE PROTECTION?
22

23
24 IMG_20191107_175335-Branches still there
25
26 If it is about FIRE DANGER then why is the land (about 12 metres) between the private
27 property fence and the bitumen highway of VicRoads left building up the peat over the years? If
28 it is claimed that a property area more than 80 metres from the bitumen is a fire danger, this even
29 so no where near the amount of growth as shown above, then why is this then not a fire danger
30 right along the highway?
31
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Page 14

2
3 IMG_20191107_175309-Branches still there
4

5
6 IMG_20191107_175400-Branches still there
7

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Page 15

1
2 IMG_20191107_180158
3
4 Below 20161110_182102 showing (with arrows) the high weed and the loads of dead branches build up
5 over the years and never attended to despite my pictures of the same over the years having been provided!

6
7

8
9
10 Numerous like pictures showing build-up of dead branches and high unattended weed growth have been
11 taken by me and obviously then it must be asked what on earth is Municipal Fire Prevention Officer Mr
12 Wayne Wall and so Buloke Shire Council doing other than pestering/terrorising private land owners well
13 beyond what the Country Fire Authority Act 1958 permits? Weed much more higher than 100mm!
14

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Page 16

1
2 20151104_183123-To Berriwillock-Calder Highway
3

4
5 IMG_20191107_181104-Charlton sign
6
7 The high weed is visible but despite the FIRE DANGER nothing was done about this!
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Page 17

1
2 IMG_20191107_183428-With re-growth near bitumen
3
4 It should be noticed that along the bitumen road the weed is re-growing and well over 100mm
5 high and yet this FIRE DANGER somehow is ignored, as every where else, seemingly because
6 councilors are incompetent to notice it and/or manage their legal requirements contained in the
7 legislation, as quoted above.
8

9
10 IMG_20191107_183529-with re-growth near bitumen
11
12 This image too shows considerable re-growth and this at the start of the fire season! As well as
13 that the weed of over 1 metre high (over about 12 metres width part of the road) is left
14 unattended, despite being a FIRE DANGER!
15
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Page 18

1 The white road marker shows how high the weed growth is and clearly a FIRE DANGER!
2

3
4 IMG_20191107_183943-FIRE DANGER-High weed
5

6
7
8 IMG_20191107_184321-FIRE DANGER-High weed
9
10 Ample of FIRE DANGER on both sides of the highway. And thousands of other such images i
11 have to prove a total disregard to the FIRE DANGERS!
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1 Below right across the road of my property (20161110_103335) under management of


2 Buloke Shire Council showing over the years the huge pile of accumulated dead branches
3 that never has been cleared!
4

5
6
7 See also below picture 20161110_103310 taken of across the road.
8

9
10
11 It appears to me that Mr Wayne Wall Municipal Fire Prevention Officer is incompetent to
12 understand what real fire danger is about! So this is not a fire danger? Come on!
13
14 And 3 years later:

15
16 IMG_20191107_193721-Opposite 10 Anderson Ave, Berriwillock
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1 The images above are from across the road of my property right along the highway (Anderson
2 Avenue, Berriwillock also known as Berriwillock –Birchip Road.) And yet Mr Wayne Wall
3 pesters me about something more than 80 metres away from this road? Come on!
4
5

6
7 IMG_20191107_193512-Berriwillock sign. This growth is a lot closer then 80 metres away!
8

9
10 IMG_20191107_180318
11
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1
2 IMG_20191109_192033-high weed-FIRE DANGER IMG_20191109_192039-high weed-FIRE DANGER
3 -about 12metres -about 12metres
4

5
6 IMG_20191109_192224-high weed-FIRE DANGER IMG_20191109_192345-high weed-FIRE DANGER
7 -about 12metres -railway crossing-about 12metres
8

9
10 IMG_20191109_192629-high weed-FIRE DANGER IMG_20191109_192654-high weed-FIRE DANGER
11 -about 12metres -about 12metres
12
13 The 6 images above and the 6 below show the FIRE DANGER along Calder Highway but
14 somehow Mr Wayne Wall ignores this, year after year. Again there is a strip of about 12 metres
15 of public land between the bitumen road and the private property of the farmer’s fence but
16 basically never cleaned from the overgrowth and so the build up of the peat.
17
18
19
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1
2 IMG_20191109_192817--high weed-FIRE DANGER IMG_20191109_192840-high weed-FIRE DANGER
3 -about 12metres -about 12metres
4
5

6
7
8 IMG_20191109_192850--high weed-FIRE DANGER IMG_20191109_194757-high weed-FIRE DANGER
9 -CHARLTON-about 12metres
10

11
12 IMG_20191109_194811-high weed-FIRE DANGER IMG_20191109_194821-high weed-FIRE DANGER
13
14
15 BUT IS IT REALLY ABOUT FIRE PROTECTION?
16

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1 Well lets have a look at the following images who there are tire tracks which may indicate that
2 some vehicle drive into the soft shoulder high weed and the hot exhaust pipe under the vehicle
3 may have caused this to get on fire!
4

5
6 IMG_20191109_195148-burned shoulder IMG_20191109_195222-burned shoulder
7

8
9 IMG_20191109_195242--burned shoulder IMG_20191109_195255-burned shoulder
10 -tires tracks
11 NOTICE THE TIRES TRACKS?
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1
2 IMG_20191109_195114-burned shoulder IMG_20191109_195151-burned shoulder
3

4
5 IMG_20191109_195215-burned shoulder IMG_20191109_195335-High weed growth
6 -High weed growth
7

8
9 IMG_20191107_175755-burned shoulder
10
11 This shows part of the section of the burned shoulder how high the growth is.

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Page 25

1
2
3 I designed this sign years ago but it seems ignored. Many motorist may not be aware of the hot
4 exhaust pipe under their motor vehicle and so may drive onto a soft shoulder not realizing the
5 FIRE DANGERS.
6
7 QUOTE 20160629
8 The following is of my 1-1-2015 correspondence to Mr Groves;

9
10
11 Photo (below) taken on 2 October 2013 just outside Berriwillock along the Calder Highway.
12 The weed/grass is level to the side mirror of my motor vehicle, that high!
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Page 26

1 Clearly over a metre high weed/grass!

2
3 While Counsel for Buloke Shire Council on 30 May 2016 before His Honour Carmody J
4 submitted that I could have filed a complaint with the CFA but didn’t do so the following is of a
5 “20151114-Schorel-Hlavka O.W.B. to Chief Officer-Re Buloke Shire Council -Re Fire
6 Prevention Notice 199-4423-etc” correspondence, which clearly proves that I did contact the
7 CFA and Counsel for Buloke Shire Council had to my understanding a copy of this also in his
8 files.
9
10 QUOTE “20151114-Schorel-Hlavka O.W.B. to Chief Officer-Re Buloke Shire Council -Re Fire Prevention
11 Notice 199-4423-etc” correspondence
12 Ref; 20151114-Schorel-Hlavka O.W.B. to Chief Officer -Re Buloke Shire Council -Re Fire Prevention Notice 199-4423-etc
13 Sir/Madam,
14 I recently indicated in my email to Mr Wayne Wall that he misconceive s43 of the Country
15 Fire Authority Act 1958, as to his claims it doesn’t provide powers to deal with the high grass/weed on
16 government properties. Such as Ministry of Housing and road side properties. As such for years on end
17 Mr Wayne Wall permitted a dangerous fire conditions to exist failing to act against them.
18 Mr Wayne Wall attended to my property at 10 Anderson Avenue, Berriwillock, accompanied by a
19 female, and indicated he would provide a 2 week extension is required. However, his 6 November 2015
20 correspondence refers to 7 days.
21 In any event I complained that the Fire Prevention Notice was in violation to the Country Fire Authority
22 Act 1958 and as such cannot be extended. It is of no legal justification and Authority Ab Initio.
23
24 Within s41C I request you to review the decision of Mr Wayne Wall including his 6 November 2015
25 decision.
26 .
27 As I objected to the legal validity of the Fire prevention Notice, such as to remove “all combustible
28 materials” then the only option would have been to withdraw the entire notice. (See my previous
29 correspondences to Mr Wayne Wall about the same).
30
31 Currently there is an appeal on foot before the County Court of Victoria to which I also claim the fire
32 prevention Notice (2014) was invalid as this too was referring to “all combustible materials”
33

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Page 27

1 In my view within s45 of the County Fire Authority Act 1958 it would be appropriate for the Governor
2 in Council to remove Mr Wayne Wall as Municipal Fire Prevention Officer. This as it appears to me he
3 was never appropriately trained and doesn’t appear to understand/comprehend the relevant powers.
4 .
5 Mr Wayne Wall in his 6 November 2015 correspondence refer to
6 QUOTE
7 I am prepared to allow an extension of this notice provided that the work is undertaken by the date
8 specified above, and the standard of clearance is to my satisfaction.
9 END QUOTE
10
11 In my view it has got nothing to do with Mr Wayne Wall as Fire Prevention Officer having to be
12 “satisfied” it has to do with if there is a fire danger or not. Mr Wayne Wall may not be satisfied but that
13 may in itself not mean that there is a fire danger.
14 .
15 The images included below are those which also shows the roadside growth of weed/grass/etc and it must
16 be clear that this violates s43 of the Country Fire Authority Act 1958, where my understanding is that Mr
17 Wayne Wall in misconception.
18
19 Mr Frank Colosimo was present when Mr Wayne Wall and his female companion attended to my
20 property (on 5 November 2015 to discuss matters), and can be shown on some of the images reproduced
21 below.
22 Some images (below) show Mr Francis James Colosimo.

23
24 20151104_182155-To Berriwillock-Calder Highway 20151104_182232-To Berriwillock-Calder Highway
25
26 Image 182232 shows growth to be as high as the chin of Mr Francis Colosimo along Calder
27 Highway on the soft shoulder.
28

29
30 20151104_182642-To Berriwillock-Calder Highway 182719-To Berriwillock-Calder Highway 182947-To Berriwillock-Calder Highway

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2
3 183019-To Berriwillock-Calder Highway 183024-To Berriwillock-Calder Highway 183034-To Berriwillock-Calder Highway
4

5
6 183048-To Berriwillock-Calder Highway 183113-To Berriwillock-Calder Highway 183123-To Berriwillock-Calder Highway
7
8 There images show the collection of years of build-up leaves, dead branches, etc. the cable
9 barrier proves how closed it is to the road. This is just some of the numerous locations this build-
10 up is left year after year. In my view Mr Wayne Wall as Municipal Fire Prevention Officer
11 should never have permitted this kind of dangerous build-up of fire hazards!

12
13 190136-To Berriwillock-Calder Highway 190147-To Berriwillock-Calder Highway 190224-To Berriwillock-Calder Highway
14
15 END QUOTE 20160629
16
17 QUOTE 20180913
18 Buloke Shire Council
19 C/o Mr Wayne Wall, Municipal Fire Prevention Officer 13-9-2018
20 buloke@buloke.vic.gov.au
21
22
23 Ref; 20180913-Schorel-Hlavka O.W.B. to Buloke Shire Council
24 Sir,
25 I ([on 10-9-2018) received a correspondence dated 4th September 2018 regarding FIRE
26 PREVENTION. The letter purports a $20 fee if a Fire Prevention Notice is issued. I have recently
27 requested Buloke Shire Council to provide me details as to the legality of certain charges, where I made a
28 submission to the Financial Service Royal Commission that council is charging for garbage collection
29 even so the property had been vacant for years and hence no collection of garbage eventuated.
30 Further, the correspondence refers to inspections commencing October but does not indicate any
31 particular date which area is when inspected. I contemplate to travel to the Berriwillock Property at latest
32 on 18 October 2018 to spend some days there to attend to the fire prevention issues, etc. As such any
33 inspection by council would have to be say after Monday 22 October 2018. As Buloke Shire is a large are

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Page 29

1 then obviously not every property can be inspected on a single one day, hence it would be a simple matter
2 for Buloke Shire Council to ensure the inspection of my Berriwillock property is done in coordination
3 with myself after Monday 22 October 2018.
4 Ordinary when I made a 700 plus round trip I have my vehicle serviced and in particular my brakes in
5 view of towing a trailer and within my financial means this will be in the first part of October. Hence the
6 18 October date. This also as I seek to arrange my son Richard to assist me for any work to be carried on
7 at the property.
8 It is also important that any clearing is performed as late as possible this as to avoid fresh growth that
9 would require yet another long distance trip. Therefore I view that the 18 October 2018 planned trip will
10 be late e
11 nough, considering that in the past I in November did clearing.
12 Also I am working on my ride on mower to get this ready for the trip to Berriwillock.
13 A major problem I found is that Berriwillock tip seems to be closed and so while I am charged
14 Municipal charge $170.00 as well as Garbage Charge $414.000 no tip facilities in Berriwillock
15 appears to be provided. This to me is an unacceptable situation. In my view Buloke Shire
16 Council has a duty and obligation to provide reasonable access to a local tip. It would be utter
17 and sheer nonsense to charge fees when no service is provided.
18
19 I look forwards to your positive response to my writings.
20
21 As I understood it in previous litigation that Buloke Shire Council is making a handsome profit with the
22 issue of Fire Prevention Notices and as such I question the need to charge a $20 fee for this also. In my
23 view this is rather a way to circumvent the rates cap set by the State Government and I view has no valid
24 legal basis.
25
26 This document is not intended and neither must be perceived to refer to all details/issues.

27 MAY JUSTICE ALWAYS PREVAIL®


28 (Our name is our motto!)
29 Awaiting your response, G. H. Schorel-Hlavka O. W. B. (Friends call me Gerrit)
30 END QUOTE 20180913
31
32 BUT IS IT REALLY ABOUT FIRE PROTECTION?
33
34 ABSOLUTELY NOT!
35
36 The Country Fire Authority Act fails to provide for any legal sanction for any council failing to
37 comply with the Country Fire Authority Act and as such councils are so to say terrorizing private
38 land holders so they have to pay in excess of $1.625 on fines and court cost while the real FIRE
39 DANGER is left unattended, as after all council owning/managing land isn’t going to fine itself.
40 And if this happens in Buloke Shire then rest assure similar happens in other council managed
41 area’s. After all if the Chief Officer in charge of all fire brigades were to take with him red flags
42 as markers then just driving from Melbourne to Berriwillock he would run out of such flag
43 markers even if he had thousands of them with him. In my view councilors, the CEO and any
44 fire Prevention officer who ignores such FIRE DANGERS should be put on trail! We have now
45 become aware of the loss of lives in N.S.W. and we need to investigate what, if anything, of
46 those fires were the result of mismanagement by any council!
47
48 Posted 19:18 6-11-2019
49 QUOTE
50 Ok lets us be real
51 Let stop this terrorism upon property owners and deal with the real fire danger
52 issues.
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Page 30

1 This document can be downloaded from:


2 https://www.scribd.com/document/432855895/20191031-Schorel-Hlavka-O-W-B-to-
3 Chief-Officer-Re-Buloke-Shire-Council-Re-Fire-Prevention-Notice-COMPLAINT-
4 APPEAL
5
6 The response I received from the Chief Officer, the head of all fire brigades, was what it
7 had to do with him! So, while the Country Fire Authority Act provides for his overall
8 authority he doesn’t seem to know this. And this correspondence is one of many over the
9 years exposing the ongoing fire dangers where local citizens and travellers are left at the
10 peril of the fire dangers and yet nothing is done to deal with that. And the Fire Prevention
11 Officer admitted under my cross-examination there was a fire danger! So, no amount of
12 government funding can overcome the problem if we have a Fire Prevention Officer who is
13 not properly trained and leaves for years on end fire danger along a major highway. What
14 ought to be done is to train any Fire Prevention Officer in fire fighting and also what the
15 job requires and to make the person legally accountable for failing to do his/her job
16 properly. When after more than 6 years nothing was done by the council nor by the Chief
17 Officer and the peat is building up then the gross incompetence of them all is unduly
18 leaving extreme fire dangers along highways. It also places the lives of fire fighters unduly
19 at risk. One has to ask why after 6 years of complaints the dead branches and peat build up
20 was not removed say in off-season fire danger times? Why indeed have local Fire Captains
21 not pursued the clearing of such build up? No amount of monies will overcome this
22 dangerous issue as unless the very people responsible are better trained and not merely
23 there to terrorize private land holders to extract monies for a council there will be no
24 avoidance of fire dangers and the likely lost of not only valuables but also the lives of
25 innocent people.
26
27 https://www.abc.net.au/news/2019-11-06/former-fire-chief-worried-about-firefighting-resources/11677760

28 As fire seasons overlap in Australia and California,


29 sharing firefighting resources will only get harder
30 7.30
31 By Zoe Daniel and Amy Donaldson
32 Updated 19 minutes agoWed 6 Nov 2019, 6:44pm
33 END QUOTE
34
35 Now the question will be what is the council going to do about it all as I can assure you all? If I
36 become aware a single person being harmed because of such blatant ignorance to FIRE
37 DANGER I will be to please to notify the person’s lawyers (and provide a copy of this
38 correspondence) so they can sue each and every person who neglected their duties and
39 obligations!
40 During my recent trip, persons from Charlton to Sea Lake and Birship were expressing
41 themselves as I understood it that this was a heartless council, not the least concerned about the
42 safety of locals and motorist but merely how to eye gauge locals to extract monies.
43 What eventuated with the investigation CEO Mr Anthony Judd indicated would be
44 conducted?
45
46 This correspondence is not intended and neither must be perceived to address all issues.
47 Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Friends call me Gerrit)

48 MAY JUSTICE ALWAYS PREVAIL®


49 (Our name is our motto!)
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