I have since 2007, been trying to have this matter addressed according to the enacted laws of this state, so far I have been told by Labor ministers, the ICAC Commissioner, the Ombudsman and a busload of Onkaparinga Council officers including the Mayor and CEO that the Council did not need to comply with the only enacted legislation for the acquisition of land or property rights since 1969, if it was simpler to do what they did, and that it was common place for Councils and government agencies to acquire land or property rights by advising they had the right to acquire for community purposes and advising title holders that they had to sign the appropriate Transfer document to facilitate this to avoid the matter going to court where the Councils right would be upheld by force of advised legislation leaving the title holder to wear their own costs in the matter. There is no alternative legislation which enables non compliance by any government agency with Land Acquisition Act 1969, the legislation, is not ambiguous, it is clear in its direction and meaning and reason, yet to a man the above mentioned persons have simply advised that this legislation did not apply, it was simpler to do what they did, or that this was done all the time, No Law reasoning at all, even as advised earlier from the ICAC Commissioner Brian Lander QC, he simply advised in a subsequent letter that he was unable to convince me as to the propriety of the acquisitions and that he did not intend to correspond further on this matter. The area affected by the misappropriation of the easements are equal to half an acre of prime residential land for which Council paid an un-negotiated $100, one hundred dollars, for easements they have since acknowledged that the majority did not need to be, the cost to remedy this is in the vicinity of $25,000 which they have advised they will carry out at OUR cost as they already have an easement. My source of legal information has been austlii.edu.au/ , and austlii.edu.au/au/legis/sa/consol_act/ . I am only one affected party who has stumbled across the corruption which has denied possibly thousands of title holders proper compensation for the loss of and use of their land since 1969 so I guess there is some logic in continuing the deception but it must eventually be addressed as the acquired titles or interests acquired improperly will be void. REAL PROPERTY ACT 1886 - SECT 233 233—Other offences A person who— (a) wilfully and fraudulently makes any false statement in any application to bring land under the provisions of this Act, or in any application to be registered as proprietor, whether in possession, reversion, remainder, or otherwise on a transmission, or in any other application to be registered under this Act as proprietor of any land, or any estate or interest in any land; (b) wilfully and fraudulently suppresses, withholds, or conceals, or assists, or joins in, or is privy to the suppressing, withholding, or concealing from the Registrar-General, the Acting Registrar-General, or any Deputy Registrar-General any material document, fact, or matter of information; (c) wilfully and fraudulently gives false evidence, or makes a false statement in his examination before the Registrar-General, the Acting Registrar-General, or any Deputy Registrar-General; (d) without lawful authority and knowing that no such authority exists intentionally alters or causes to be altered— (i) an original certificate of title filed in the Register Book or the duplicate of such a certificate; or (ii) records made by the Registrar-General by an electronic, electromagnetic, optical or photographic process under Division 2 of Part 5 or a certificate of title issued under that Division; or (iii) any instrument comprising part of the Register Book; or (iv) any instrument or form issued by the Registrar-General; (e) fraudulently uses, assists in fraudulently using, or is privy to the fraudulent using of any form purporting to be issued or sanctioned by the Registrar-General; (f) knowingly misleads or deceives any person hereinbefore authorised to demand explanation or information in respect of any land, or the title to any land, which is the subject of any application to bring the same under the provisions of this Act, or in respect of which any instrument or dealing is proposed to be registered or recorded, is guilty of an indictable offence. Maximum penalty: $40 000 or imprisonment for 10 years. REAL PROPERTY ACT 1886 - SECT 234 234—Certificate etc procured by fraud to be void Any certificate, instrument, entry, erasure, or alteration procured, or made by fraud as in the last preceding section mentioned shall, whether there shall be a conviction under such section or not, be void as regards all parties or privies to such fraud. This matter was never a subject of an investigation by the ICAC as Mr Lander advised in writing that there would not be an investigation into this matter, the available law beggars belief as to why.
Posted on: Wed, 24 Sep 2014 04:52:21 +0000
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