Schorel-Hlavka O.W.B. To Chief Officer-Re Buloke Shire Council - Re Fire Prevention Notice - COMPLAINT & APPEAL

1
Chief Officer Country Fire Authority 31-10-2019

cfa-customer-support@cfa.vic.gov.au
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Ref; 20191031-Schorel-Hlavka O.W.B. to Chief Officer-Re Buloke Shire Council -Re Fire Prevention Notice –
COMPLAINT & APPEAL Section 41C of the Country Fire Authority Act 1958
Sir/Madam,
I yesterday 30 October 2019 received via Australia Post a 23 October 2019
10 correspondence from Mr Wayne Wall Municipal Fire Prevention Officer in regard of my
complaint notice 13041
It should be noted that for some years Mr Wayne Wall and myself have had legal conflicts. In
fact even before it started I was given the understanding by locals that Mr Wayne Wall would
15 soon be crossing my path with his deliberate conflicting conduct.
I because of this commenced to make photo’s and video’s of Calder Highway in Buloke Shire
Council as to the what I consider gross negligence by Mr Wayne Wall as Municipal Fire
Prevention Officer and so unduly jeopardize the safety of citizens and other road users.
My precautions were not to no avail because Mr Wayne Wall commenced to target me and I
20 view totally unreasonable.
A Fire Protection Officer has a duty to be even handed to all landowners and also others
who are responsible for fire protection conduct and not use the legal provisions as a way to as
I view it extort monies from private property owners while not at all acting in regard of fire
danger that exist right along Calder Highway in Buloke Shire Council.
25
In 2018 I was informed by Mr Wayne Wall that he would do inspections in the month of
October. I responded to advise that as a absentee landholder I contemplated to have the slashing
of the residential block to be done by 20 October 2018. I did so. Only to discover upon to
Melbourne that Mr Wayne Wall had days earlier issued a Fire Prevention Notice for which
30 Buloke Shire Council then charges $20.00
The conduct of Mr Wayne Wall I view was reprehensible as I had slashed the property as I had
indicated and I view that considering that I am an absentee landholder he could have been
reasonable to have any inspection done after 20 October. 2018.
This year again I was advised that inspections would be held in October 2019 and I indicated that
35 I contemplated to travel to Berriwillock on 4 or 11 October 2019. Upon seeking to leave on 11
October 2019 from Viewbank, where I reside, I noticed my (86 year old) wife being unwell and
while she indicated for me to leave (because of her concern of another legal battle with Buloke
Shire Council) I however unhooked the trailer cleared the front seat and drove her to Austin
Hospital. She was admitted to emergency and subsequently placed in ICU (Intensive Care Unit)
40 my wife was in hospital for some 10 days. As such, there can be no question about it that I had a
genuine reason to abort my trip on 11 October 2019. Indeed the doctor gave me the
understanding that I was just in time to admit it as likely my wife’s heart would have collapsed at
any moment. Actually while my wife was in hospital she requested the police to check on me and
even to break in this as I had fallen severely ill. The police tried for 1 hour to break in but then I
45 happen to hear noise and attended to the police. (I had 197 over 108 blood pressure!)
p1 31-10-2019 © Mr G. H. Schorel-Hlavka O.W.B.

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2
On 14 October 2019 I notified Mr Wayne Wall via email about the situation and requested him
to withdraw any notice he might have issues as I contemplated to still attend to the Berriwillock
property. However days later I received a notice in the mail dated 14 October 2019 and this to
me indicates that Mr Wayne Wall had likely attended on the prior week by latest of 11 October
5 2019 as to start yet another confrontation with a notice.
Mr Wayne Wall because of a subsequent objection then issued the 23 October 2019 Variance of
Fire Protection Notice of 13041 to allow an additional 1 week until 18 November 2019 to clear
the property. This means he engineered that I would still have to pay the $20.00 council charges
for the issue of a notice.
10 .
In my view the conduct of Mr Wayne Wall was grossly inappropriate as I will set out further.
I had previously filed a complaint with Buloke Shire Council regarding the conduct of Mr
Wayne Wall and received the following notification in response:
15
QUOTE
END QUOTE

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I forwarded then also “20190831-Mr G. H. Schorel-Hlavka O.W.B. to Mayor, Buloke Shire
Council-Cr Carolyn Stewart-Supplement 1” which shows numerous images about fire danger
along Calder Highway within the Shire of Buloke. Many of those actually were also included in
“20161122-Schorel-Hlavka O.W.B. to Chief Officer-Re Buloke Shire Council -Re Fire
5 Prevention Notice -COMPLAINT & APPEAL”. To which the latter in 2016 I am not aware
having received any reply! As for the 27 August 2019 correspondence from Mr Anthony Judd
CEO I have not further received any response.
Essentially I can write until I am blue in the face but any proper response is denied. Despite
my 22 November 2016 appeal/complaint to the Chief Officer I was denied my right of a
10 appropriate response. Obviously Mr Wayne Wall seems to be well aware that the chief Officer
couldn’t care less how he abuses/misuses his powers and so continue to carry on no matter what.
We have a Country Fire Authority Act 1958 which appears to be only to be used to
TERRORISE land owners but not really for fire prevention.
15 In 2016 there were legal proceedings between Buloke Shire Council v Schorel-Hlavka (myself)
and I disputed the courts jurisdiction for various reasons, representing myself. Buloke Shire
Council engaged lawyers who defied 2015 County Court orders in my favour. They fabricated a
Brief dated 18 months before the actual Infringement Notice was issued. They falsely filed a
GPS chart claiming that the photo’s Mr Wayne Wall filed were taken from certain locations, and
20 both Mr Wayne Wall and his side kick Mr Morris confirmed this. However, when I cross
examined Mr Wayne Wall he admitted that one of the photo’s was of a property he didn’t even
know where it was located. As such his earlier evidence was a falsehood that the GPS chart
showed where the photo’s were taken. More over I challenged the validity of the Fire Prevention
Notice that it included “naturestrip” which I held was outside the provisions in fact in violation
25 of the provisions of the Country fire Authority act 1958. It may be noted that after the litigation
Mr Wayne Wall dropped the reference to “naturestrip” in his further notices and as such
underlines that the previous notices (he claimed during cross-examination to issue about 500 a
year) were all therefore in violation of the legal provisions of the Country Fire Authority Act
1958, but Mr Wayne Wall and the lawyers concealed this from the court.
30 .
When one drives along Calder Highway in Buloke Shire Council one may notice that at some
area’s the high weed growth is left whereas at some area’s it is slashed up to about 1 to 3 metres.
The images in my 22-11-2016 appeal/complaint clearly produces evidence of this. As such one
could hold that the fire danger along Calder Highway where thousands of motor vehicles travel
35 must be negligible, just that when I cross examined Mr Wayne Wall he admitted that the images
I filed showed there was a fire danger along Calder Highway.
Despite of this many area’s even years later have never been cleared.
Mr Wayne Wall during my cross-examination claimed that he had written to VicRoads and they
had not acted upon this. I do not know if indeed Mr Wayne Wall had written to VicRoads but I
40 do recall that when he once entered to my property (with my consent) he then gave me the
understanding that where it came to VicRoads and Ministry of Housing he was powerless to do
anything regarding fire dangers. On that basis I do not belief Mr Wayne Wall had written to
VicRoads whatsoever but obviously for the Chief Officer it is important of Mr Wayne Wall as
Fire Prevention officer deliberately committed perjury in court to make a claim that he knew or
45 ought to have known was false and misleading.
The absurdity is that Mr Wayne Wall makes clear in his documentation to me that he is entitled
to have someone engaged to clear my property if I fail to do so and yet somehow the admitted
fire danger along Calder Highway (just to mention one highway) somehow he doesn’t know he
50 can do likewise?
Reality is the Country Fire Authority Act 1958 specifically authorise council to have fire hazard
removed by the fire brigade at cost of the authority who is to manage the road or other property.
4
In his latest notice he refers to
QUOTE
If you need to do work to bring your property up to a safe standard then you need you act
quickly, refer to the requirements of the fire prevention notice all grass to be kept under
5 100mm high and ensure clearance to the fence lines. Remember you will also need to
keep an eye on your property to ensure that it is maintained in a safe condition throughout
the whole fire season.
END QUOTE
10 As my 22 November 2016 complaint/appeal to the Chief Officer shows that for years and so also
“throughout the whole fire season” Mr Wayne Wall blatantly disregard the admitted (under
oath) the fire danger along Calder Highway in the Shire of Buloke.
More over, I have cactuses on my property and then weed, NOT GRASS, which grows from
15 seeds blown over from across the road from the grain grown there.
As the photo’s I reproduced shows that across the road the weed/wheat is 1 metre or more high.
It is absurd to hold that the fire danger on my property is addressed by slashing it below 100mm
while across the road it can be 1 metre or higher. But this is not all!
20 As I indicated Mr Wayne Wall appears to have no issue with more than 100 kilometres of Calder
Highway having a fire danger at times right to the roadway and sometimes sprays for some cm or
slashed to some extent albeit the images I reproduced shows the slashed weed still being about
30 cm or more. Yet, when it comes to my property Mr Wayne Wall then has photo’s of my
property that is more than 80 metres from Anderson Avenue roadway. Moment his issue was my
25 property has growth more than 100mm more than 80 metres from the roadway as being a fire
danger but not more than a metre high directly at the same roadway on the otherwise of the road?
Nor does he has any issue with the road side littered with old dead branches/trees for years on
end, as my photo’s proved?
Below 20161110_182102 showing (with arrows) the high weed and the loads of dead branches build up
30 over the years and never attended to despite my pictures of the same over the years having been provided!
35 Numerous like pictures showing build-up of dead branches and high unattended weed growth have been
taken by me and obviously then it must be asked what on earth is Municipal Fire Prevention Officer Mr
Wayne Wall and so Buloke Shire Council doing other than pestering/terrorising private land owners well
beyond what the Country Fire Authority Act 1958 permits? Weed much more higher than 100mm!

5
Photo (below) taken on 2 October 2013 just outside Berriwillock, along the Calder Highway.
Clearly over a metre high weed/grass at Berriwillock Calder Highway!
5 Look at the photo below how high the weed/grass is in Buloke Shire on 11 October 2016
Calder Highway
I have for years urged Country Fire Authority to use this kind of signage I designed:
10
How many drivers are alert to the fact that when they pull over into the soft shoulder of a road
then their exhaust being hot under their motor vehicle can start a soft shoulder fire? Yet, as I
understand it not a single sign so far exist to warn them about this. Why not?
15
Many drivers may pull over into high grass not realising their exhaust under the car can and at
times does cause road side fires!
6
During my cross examination Mr Wayne Wall admitted that he had no legal training, this even so
he goes about telling property owners about the rule of law. Even claiming he can enter my
property if he desires to do so even so the High Court of Australia made clear in numerous cases
that not even the police can do so unless authorised by court order or taking a direct path to the
5 front door. As Mr Wayne Wall during my cross examination didn’t even know where the front
door of the house was located, as he claimed the back door as being the front door and knew I
was an absentee property owner then surely he had no legal right to enter at anytime my
property.
.
10
This is the kind of signage I use on my properties and even the Victorian Police observes this.
Yet, Mr Wayne Wall somehow claims he can ignore this whenever he desires.
His claim there was no trespass on my property resulted to trying to use false GPS chart to claim
15 positions where photo’s were made only then to fall, foul on that I exposed he wasn’t telling the
truth.
.
My son Richard used to reside at the property and is due to return (He is currently under mental
health care) in about January 2020 or earlier. The last thing I need is what I consider terrorism by
20 Mr Wayne Wall upon my son. My son Richard in time is to become the lawful owner of the
property but obviously he needs time for adjustment. The last thing he needs is someone then to
terrorize him!
I understand that before Buloke Shire Council we had Wycheproof Shire Council and then Mr
25 Keating (residing near the back of my property) would at times come with his ride-on mower and
then slash my property. Now that he is in care Buloke Shire Council reward him with as I
understand it a $20 cost for a notice. How low can one get?
Likewise I understand a property owner is bound to a wheelchair and well forget about morality
he too as I understand it is terrorised with a notice with a $20 cost.
30 In my view it has got nothing to do with proper fire danger management but blatant terrorism.
7
Some years ago I (from the list Mr Wayne Wall provided) asked a contractor how much he
would charge to slash the residential block. His response was $1,000. I just then purchased a
ride-on mower (This even so I have no other use for it then the Berriwillock property.) and did it
myself in less than 1 hour. As such there appears to me to be a scheme of a gigantic rip off.
5
In my view the Fire Prevention Notice is no more but a deliberate abuse of power and I view
totally uncalled for. To issue one days before mr Wayne Wall knows I am due to attend to the
property I view underlines his deliberate conduct to not just cause frustration but undue friction.
10 Yes, His Honour Carmody in 2016 held I was guilty but then when I asked him if he was going
to order the $18,000 cost Buloke Shire Council lawyers submitted His Honour reply was “You
are not going to suck me in.” Not a kind of language a trail judge ordinary would use!
His Honour was well aware I had from onset objected to the courts jurisdiction and no order nor
15 reason of judgment was handed down to dismiss this OBJECTION TO JURISDICTION and
for this His Honour In my view was well aware that the entire trail was a non-event and any
orders against me I could have challenged on that the court never invoked jurisdiction in the first
place.
20
Above photos taken 7-11-2016 along Calder Highway in Buloke Shire.
25 Below my property at 20161110_143329and 20161110_143007!

8
Below right across the road of my property (20161110_103335) under management of
Buloke Shire Council showing over the years the huge pile of accumulated dead branches
that never has been cleared!
5
See also below picture 20161110_103310 taken of across the road.
10
It appears to me that Mr Wayne Wall Municipal Fire Prevention Officer is incompetent to
understand what real fire danger is about! So this is not a fire danger? Come on!
The images above are from across the road of my property right along the highway (Anderson
15 Avenue, Berriwillock also known as Berriwillock –Birchip Road.) And yet Mr Wayne Wall
pesters me about something more than 80 metres away from this road? Come on!
(Below images are merely some of thousands of images/video’s I collected over the years!)
20
9
20151104_182642-To Berriwillock-Calder Highway
5 20151104_183123-To Berriwillock-Calder Highway

10
20151104_190633-To Berriwillock-Calder Highway

http://www.bbc.com/future/story/20190822-why-is-the-arctic-on-fire
Why the Arctic is smouldering
5 QUOTE
Now, we are seeing that once solid ground itself burn. Fires on the peatland are dominated by
flameless smouldering combustion, which move overland through the leaf litter at the snail’s pace of
half a metre a week, rather than the speedy rate of 10km per hour in a forest fire.
“These aren’t flames licking up into the trees like in Bambi,” says Turetsky. “These are slow-moving
10 edges of ignition that move through the moss, the leaf biomass, and everything else that has fallen
onto the forest floor.”
These smouldering fires not only are ignited much more easily than fiery flames by lightning strikes
– they also can persist through cold and wet conditions much longer, largely because the peat
holds vast stores of the combustible gas methane. As the climate warms, northern soils and peat
15 dry out, making smouldering fires much more likely.
In a research paper from 2015, Turetsky explains how smouldering fires are actually a much
greater threat to the global climate. They burn for much longer, so they can transfer heat much
deeper into the soil and permafrost, overall consuming twice as much carbon-rich fuel as normal
fires.
20 END QUOTE
Mr Wayne Wall is not there to communicate in a reasonable manner but rather to

terrorize and dictate. That is where I view his conduct is also unacceptable for being a Fire
Prevention Officer, as I view his conduct must be consistent in regard of any perceived fire
25 danger and his ongoing, over the years, failure to address those issues, such as shown above
in my view underlines that he ought to be removed from that position by order of the
Governor in Council. And that the Country Fire Authority must make clear that any person to
be appointed as a Fire Prevention Officer must complete a course as to fire prevention processes
and procedures, etc.
30
I look forwards to your positive reply!
This document is not intended and neither must be perceived to refer to all details/issues.
Awaiting your response, G. H. Schorel-Hlavka O. W. B. (Friends call me Gerrit)

35
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1

Chief Officer Country Fire Authority 31-10-2019

p1 31-10-2019 © Mr G. H. Schorel-Hlavka O.W.B.

p2 31-10-2019 © Mr G. H. Schorel-Hlavka O.W.B.

p4 31-10-2019 © Mr G. H. Schorel-Hlavka O.W.B.

25 Below my property at 20161110_143329and 20161110_143007!

p7 31-10-2019 © Mr G. H. Schorel-Hlavka O.W.B.

20151104_182642-To Berriwillock-Calder Highway

5 20151104_183123-To Berriwillock-Calder Highway

p9 31-10-2019 © Mr G. H. Schorel-Hlavka O.W.B.

20151104_190633-To Berriwillock-Calder Highway

Mr Wayne Wall is not there to communicate in a reasonable manner but rather to

Awaiting your response, G. H. Schorel-Hlavka O. W. B. (Friends call me Gerrit)

MAY JUSTICE ALWAYS PREVAIL®

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