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SA Property Law - Where to Go When ICAC Don't Respond?

Discussion in 'Property Law Forum' started by Leon Rowley, 10 September 2015.

  1. Leon Rowley

    Leon Rowley Member

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    04 August 2015

    [Moderator Redacted - Community Guidelines]

    The Independent Commissioner Against Corruption



    Your Ref

    Improper and Unlawful Land Acquisition practices of Local Government

    Dear Mr L,
    considering the depth of available legislation and your continued refusal to investigate my complaint I felt it necessary to enlighten you further as to the folly of your decision.

    The attached link has adequate references to Property Law 7., together with reference to Immunity from Civil Liability 17., which I believe you, together with a significant number of Government and LG officers should seriously consider.

    I pose this warning only by reason that I have been previously advised you, of all relevant land acquisition legislation as is provided in the provisions of Land Acquisition Act 1969 and which you have failed to address in any way at all, other than to advise in writing, that it is common place for a Council or Utility to execute a transfer that creates the easement over a land owners property under S96 of Real Property Act 1886 without recourse to LAA 1969. As an accredited QC you must know this is not supported by any legislation, and is contrary to the words of the only legislation for the purpose since 1969. As such, it goes well beyond any defence of oversight or negligence.

    Although you have previously advised that you do not intend to investigate or correspond further on this matter, I would ask that you at least quantify or justify your conclusion according to available law, as S96 of RPA1886 has no reference to any notice or property need of Council, nor does it address any of the multitude of provisions required to be addressed for acquisition by agreement such as assessed value or offers made which are found in the legitimate legislation for the purpose in LAA 1969 and which are by the wording of the Act, mandatory in the acquisition of land or property rights by an Authority.

    Logically for a lawful transfer to be effected an agreement which addresses ALL of the prescribed provisions must be in existence, otherwise it has been fraudulently obtained by an abuse of process. As an accredited practitioner of your standing, you know this to be true.

    Please advise,

    Sincerely

    Traditional Rights and Freedoms—Encroachments by Commonwealth Laws (ALRC Interim Report 127) | ALRC
     
  2. Amanda E

    Amanda E Well-Known Member

    Joined:
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    Hi Leon,
    Does this relate to your previous thread SA - Onkaparinga Council Acquiring Land - Property Rights? | LawAnswers.com.au ?
    Short of getting a good property lawyer to give you specific advice based on your detailed circumstances (and that advice may be that you do indeed have a case and that may include court action or that you don't have a case), I'm not sure what else you can do.

    There are other suggested avenues for complaint other than ICAC here Other places to lodge a complaint | Independent Commissioner Against Corruption (ICAC)
     

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