QWIPL WATCH

[westholme]

Have been told that the Moy Pocket Road has been surveyed by QWIPL and pegged. (For the quarry access...) One white survey peg is right where a landholders irrigation line goes under the road (down to the river).
These pegs just appeared and the landholder got onto the council and was told they were not council pegs and after further investigation he was told they were QWIPL pegs.
The landholder has been in discussions with QWIPL (on the phone) trying to get something in writing to prove QWIPL has acknowledged they know the exact location of this line and that any future road works will not damage this line.
So far????? He has had numerous verbal 'promises'. Such as "you have my promise that we will not damage that line and that we definitely know NOW (now that you've told us) that it's there", but as for having this promise in writing, nothing as yet even after a couple conversations on the phone with L. Pappin.
Landholder strongly believes he won't get it in writing because QWIPL have no intention of allowing him the irrigation line to the river post dam. He suspects their motives are sinister one's and who could blame him.
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CESARE LOMBROSO "The ignorant man always adores what he cannot understand"

[bensoncooroy]

A near neighbour has complained about discovering that people have been trespassing, she first noticed that the gate was not as she had left it and when checking the fences and found pink ribbons tied to trees,someone had been on her property without her permission. After phone call to QWI and speaking to an Engineer she discovered it was Golders and about roads and bridges and that someone would be back in the morning to see her!
Well they snuck back and she caugh them in the act [ they were not going to speak to her] The man in question said he was checking out a bridge site, her answer was that she had a very good bridge and that they were on private property.
I wonder how often they are just walking over peoples property and getting away with it.
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Helga Hill

[DougHaigh_JenMercer]

One of our neighbours was away from his property with his front entry gates padlocked, and returned to find all kinds of pegs, ribbons and a blue, padlocked metal post cemented at ground level in his paddocks.



QWIPL accessed his place via a property they had bought from another neighbour - can you beat that? He has since told them to 'keep out' and not enter unless he is there at a pre-arranged time. So the other day I saw a helicopter fly low over our back hill and 'nose down' out of sight. This would have put them right above the blue metal post over the drill hole that is padlocked. Then a few seconds later the copter rose into sight and flew over us. Picture below. Guess they were checking that pegs etc were still there.




Imagine what would happen if one of his cows got this bundle of joy wrapped around her tonsils or at least caught up in one of her stomachs. (industrial earplugs - probably used when drilling was taking place?)

I suspect there is more of this going on than property owners realise.

[arawajo]

This has to be illegal surely? It's tresspass. I think people can put a sign up to say no-one is allowed on the property and then if they go on they have broken the law. I think the precedent in law is a case called Plenty vs Dillon. I'll find out.
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When injustice becomes law, resistance becomes obligation" - Steve Biko

[arawajo]

Here is a link http://www.austlii.edu.au/au/cases/cth/HCA/1991/5.html . That is the court transcript for the Plenty vs Dillon case.

And here are some bits out of it-

[DougHaigh_JenMercer]

Thanks Joan... what you say is correct, and most people would reason that the Brigalow Corporation (Qld State Gov) and its corporate arms (such as QWIPL) would operate according to those principles.

However those of us in the proposed dam footprint received notification that QWIPL staff have legal access to properties and that Peter Beattie had legislation altered to allow this - however notice had to be given to landowners prior to anyone coming onto the property.

Just recently the following was brought to my attention, although SteveM's website SWAMPNEWS had also posted it on April 28 ....
http://swampnews.squarespace.com/media-watch2/2008/4/28/flora-freedom-land-ownership-rights-in-australia-common-law.html
and is definitely worth reading.

This is a summary of what has transpired and explains a few things.
Diabolical is the word which springs to mind. I'm sure that 99% of Queenslanders / Australians don't realise what has happened and what the full ramifications are.
The Queensland Constitution has been changed

[Darren E]

Jen, Stevem,
where did that come from?

I'm a bit suspicious - it smells of crackpot conspiracy theory.

I've just done a quick check of the Queensland Constitution:
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/ConstofQA01.pdf

[arawajo]

I'm sure that as long as we remain a monarchy then the old laws still apply.
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When injustice becomes law, resistance becomes obligation" - Steve Biko

[arawajo]

This is anecdotal but sort of similar - Two years ago I had problems with Ergon driving trucks onto my property and doing things up power poles without asking me if they could come onto my land. I did a dummy spit and when I complained to the head office I got an apology and was told that the staff would be getting education on land owners rights.

They even sent me two nice perspex signs - white with red print - 10in X 4in - which read "ERGON STAFF - Please contact the owner before entry to this property"!

Now Ergon wouldn't be supplying signs like this to customers if we didn't have these rights. The power pole belongs to Ergon and they had to get access because someone up the road had power troubles and the big whatsit that is up the pole and controls these things happens to be on my place.

QWC are getting away with trampling your rights because they don't expect you to know them. If you have a sign up to say no-one may enter without your permission then they are breaking the law if they do enter.

Have you signed an agreement with QWIPL that they may enter? If not then they are tricking you I reckon. Get a solicitor to read the notification you got. If you didn't get a written notification then it's bullshxt I'd say. Gosh the QWIPL people make me cross. Can we start violent protest yet?Please???
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When injustice becomes law, resistance becomes obligation" - Steve Biko

[stevem]

State can sell your home

http://www.smh.com.au/news/national/state-can-sell-your-home/2008/04/18/1208025479556.html?page=2

[westholme]

I had the same problem as you arawajo. (sorry everyone else this is off topic) When we first bought this place I quite regularly saw Energex trucks letting themselves through our metal paddock gates and driving in a convoy across our front cattle paddocks like friggin' yahooing cowboys, to get into the neighbours. And why?? because if they came through the neighbours (who's poles they belonged to) it would take longer to reach the poles (only by a few minutes mind you).
We had cattle in these paddocks and I explained to them when they came back that for many reasons I did not think this appropriate, one being declared weed seed contamination (them bringing such weed seeds as parthenium or Giant Rats Tail onto the property because they sure weren't cleaning under their trucks before they came into our pasture and who knows how many properties they've entered without cleaning under their vehicles).
The second reason I gave them was that we often have brand new calves in those paddocks in the VERY long grass and they would run over them and never even see them. A calf will mostly hunker down if it hears danger and they can be run over, or they sleep so soundly they won't hear the vehicles. To keep the peace though, I said, well, I would appreciate you coming to let me know before you enter my property.
Did they? No. Twice they forgot to close the gate (or didn't close it properly) and our cattle got into the nieghbours and another time the neighbours little jersey heifers got in with our big Euro breed bull (for those who don't know, this is a bad thing as the resultant calf size would kill a jersey heifer).
The next time they all pulled up in a convoy right at our front door (I thought, oh good, they are going to ask permission this time) they didn't. They were entering right next to the house this time instead of down at the front gate, I guess because there was more turning room for them to back their big trucks into the cattle paddock. When they came back from the neighbours to this gate I gave them a serve and told them to let Energex head office know that they could no longer enter our property AT ALL to get to the neighbours as they had abused the deal that I'd tried to make.
This never stopped them either and there are still times when I have to catch them at it to say "nope, can't come through here, you can access those neighbours poles through the neighbours". We have even contemplated putting a lock on the metal gates to keep them out.
So...moral to the story? This is how contractors/sub contractors/employees of big arrogant companies work. They don't care, not their problem. I would expect very little consideration from QWIPL contractors.

We've already had to tell them to bugger off before when they were going to come through our place to survey for the new MV Road in the neighbours. If we hadn't been there at the time they would've entered our property without permission.
When the neighbours sold to QWI, we found surveyors pegs along a section of boundary fronting our place that runs amoung scrub and the fence is bang on the dam bank. There's no way they could've surveyed that boundary without entering our place and walking on our property. They would've ended up in the drink if they'd done it on the neighbours side. We only know they've entered our place because we found those pegs with the survey company's name on them otherwise we would never have been the wiser.
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CESARE LOMBROSO "The ignorant man always adores what he cannot understand"

[DougHaigh_JenMercer]

Darren, I hope it is 'crackpot theory' but something tells me it's not.
The Brigalow Corporation was only framed and not enacted prior to 2001 and therefore would not be sited in the 1990's as legislation passed.

To me, the impression in my own mind is that it feels as though the State Gov corporation aka QWI P/L, is taking giant liberties especially with the unauthorised access of private properties, some of which are not even required for this proposed dam. If that Summary is true, then that would explain their 'bullet-proof' and arrogant approach to entering numerous properties.

I've sent copies of the Brigalow Corporation summary re 'Removal of Ownership Rights in Qld' to Barnaby Joyce, David Gibson and Warren Truss... also our family solicitor, for comment.
I'll keep this thread posted when replies come in.

[Darren E]

Jen,
I appreciate your point that it might explain some of QWIPL's arrogance, but it just doesn't make any sense to me. My first impression (of the document, not you, obviously) was "hoax or crackpot" and I haven't seen anything to change my opinion.

When I said "There is no mention of Brigalow Corporation in the Corporations (Qld) Act 1990" I meant the 15th July 2001 Reprint 3. Open the link and do a text search for "Brigalow" - it's not there.

So point 11 of the Sue Maynes document is demonstrably false.

I've searched the Qld Constitution and the associated Acts, and there is no mention of the Governor being a Parliamentary Secretary. In fact it is absolutely clear that the Governor is the representative of the Sovereign and outside and above the Parliament.

So points 3, 4, 5, and 10 are also false.

Also, Section 53 of the Constitution Act 1867, which is specifically mentioned in the Qld Constitution 2001 as still being in force, prohibits any changes to the Office of Governor without a referendum, and gives the Supreme Court the power to overturn any such changes if they were made without a referendum.

Stevem sent me a link to the original context of the document - a presentation at the 2008 "Inverell Forum". Other presentations that weekend covered 9-11 conspiracies, vaccination conspiracies, and "the conspiracies of multiculturalism".
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"If you don't stand for something, you will fall for anything" - anon.
"There can be no liberty for a community which lacks the means by which to detect lies" - Walter Lippman

[arawajo]

About the pics above - I hope the ribbons were removed and the posts pulled out and the holes filled in and the blue posts pulled out, the concrete dug out and the ground put back how it was.
If not why not???
Get it all out - take it all and dump them back at QWC doorstep - with the media there.
Give us the directions and Marsiegen and I will do it for you landholders. All we need is your permission.
If anyone put stuff on MY property I would remove it.
If a car goes past and some lout tosses an empty stubbie over your fence do you leave it there?
Well these louts have tossed some ugly plastic ribbon and little wooden sticks on your place - get rid of them.
Don't steal them though - give them back to the rightful owner.
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When injustice becomes law, resistance becomes obligation" - Steve Biko

[DougHaigh_JenMercer]

Arawajo, re the pegs, ribbons etc., ...... the landowner concerned does not want media attention at this point and has asked for personal reasons, not to be identified, though I'm sure a lot of us would have done as you suggested and ripped out pegs.

In this case, it's not our call. People all have different stress thresholds and the person concerned may have reached theirs. The owner knows we are here to give any support should he change his mind... that's all we can do.