Milparinka / Tibooburra area NSW information and questions

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They will soon get the idea, legal or not sadly. No need to boycott. ?.. this will just happen anyhow. GREED is a very powerful word, and usually bites one back. Everyone wants MORE, but there is a line, cross it, and karma will remind them. Me personaly, I want shop there again. Reguardless of the outcome. The coffee will always taste bitter to me.
 
Maybe it might hit our local rag.... and get a gossip over smoko at work the day after, but it will give hill end area a monetary aspect, more than a historical influence. Maybe they should Just go the whole hog and make us pay a penny to use a public toilet! Photo tax next?
Poor old bob who owns the corner store at hargraves dosent get much tourist dollar spent.. because hillend gold chase them off, there has always been a hillend tax rumor for tourists that the locals dont pay for. Maybe watch the locals pay for a beer... and what you pay so to speak.... plenty of gold towns close by.
 
ok i have a question mbasko
How or Who would have the authority to remove you from common land and under what law/act is this done
if the shop keeper asked you to leave/pay does he have the right
does the local council have that right
the rangers
the police
or mary jo who runs her cattle on there for the last 50 years
?????????????????????
 
37 Replies and 437 views.. so far in 1 day..... All against this... after the txt I sent to both numbers, they are well aware of this Forum and the 'Thoughts' of it's members and Viewers.... Action, not words Fellas... that is what is needed to stop this happening Elsewhere too... One town brings this in and others will follow... before long we will be paying to use our Detectors... :mad:

LoneWolf...
 
7.62marksman said:
ok i have a question mbasko
How or Who would have the authority to remove you from common land and under what law/act is this done
if the shop keeper asked you to leave/pay does he have the right
does the local council have that right
the rangers
the police
or mary jo who runs her cattle on there for the last 50 years
?????????????????????
Click to expand...

It's under the Commons Management Act 1989.

56 Power of a member of a trust board etc to remove persons from the common

(1) A member of a trust board or of a local authority that is managing a trusts affairs, or an employee of the trust or local authority authorised by the trust, may remove from the common for which the trust is established:

(a) any person on the common who is not authorised to be there, or

(b) any person who is apparently contravening a provision of this Act that is applicable to the common, or

(c) any person who is apparently contravening a by-law that is so applicable, or

(d) any person who, by disorderly conduct, is apparently annoying or causing inconvenience to commoners and persons lawfully using the common.

(2) A member of the Police Force may assist in the removal of a person under subsection (1).
 
mudgee hunter said:
Maybe it might hit our local rag.... and get a gossip over smoko at work the day after, but it will give hill end area a monetary aspect, more than a historical influence. Maybe they should Just go the whole hog and make us pay a penny to use a public toilet! Photo tax next?
Poor old bob who owns the corner store at hargraves dosent get much tourist dollar spent.. because hillend gold chase them off, there has always been a hillend tax rumor for tourists that the locals dont pay for. Maybe watch the locals pay for a beer... and what you pay so to speak.... plenty of gold towns close by.
Click to expand...

It's not Tambaroora Hill End MH. It's Tibooburra - Corner Country in the far northwest of New South Wales.
I have never knowingly paid extra for anything out there (Hill End) but have heard of prices being upped for long weekends etc. The shop & pub at Hill End have always seemed reasonably priced to me?
Hill End Gold may chase people away but if the local storekeeper at Hargraves could help out (I don't know him) with contacting the Mid Western Regional Council re: the LGA becoming a fossicking district then it would help him & us!
 
thanks mbasko
i was not having a go at you i just was not sure who had the authority to remove you and under what law this could be done and if they had to show you this law in black and white or just on hear say (have to take there word for it)
my son is a cop and i did ask him and he informed me that unless they (the people/person making the complaint) can show them the law that has been broken on paper then they have NO authority to remove you
to many laws as far as i am concerned
 
7.62marksman said:
thanks mbasko
i was not having a go at you i just was not sure who had the authority to remove you and under what law this could be done and if they had to show you this law in black and white or just on hear say (have to take there word for it)
my son is a cop and i did ask him and he informed me that unless they (the people/person making the complaint) can show them the law that has been broken on paper then they have NO authority to remove you
to many laws as far as i am concerned
Click to expand...

With all respect to your son the Police Officer, that is not actually correct. Matt's previous post sums it up correctly.
 
I would assume if you refused to leave they would involve the police.
Not saying it's right or wrong but it is what it is.
I've often wondered if a token payment to the Common Trust would better help them to accept us on their Commons? I think $15/detector is over the top but I wouldn't be against kicking the tin a bit to help out the Commons. For example the one out at Wattle Flat has drop dunnies etc. that would require maintaining & they charge a very modest camping fee to camp there. Maybe we should be helping or paying our way a bit more. Having to pay for a day permit wouldn't stop me going to a particular Common especially when you can see they provide some facilities & have costs. If I had to pay to access the Common at Hill End I'd probably still go out there - if I was heading to Tibooburra I would probably just factor the cost into the trip but like I said $15/detector per day is a bit much.
I'm not totally against helping out the Commons Trusts if it's a sensible fee.

Edit: Bottom line at Tibooburra though is unless they can show you that any by-law that allows a fee to be compulsorily imposed has been approved by the Governor then I wouldn't be paying it. I would imagine they would have to have something on their notices regarding just that i.e. they should have something along the lines of "approved by the Governor "Insert Name" on the "Insert Date" on any notices etc.
 
Last time I was there it was $10 a day to detect on Gum Vale station, including camping on site if you wanted to. As it is a huge area to choose from, it's much better value all round than the common, which has been pretty well flogged anyway. If I go back, I'll make sure I'm self sufficient and camp right on top of a likely spot and bypass this ridiculous tax. Just a trip into town for the odd shower and restock if needed.
This way I 'll be $20 a day in front before I start (caravan pk. $15 a night + $15 common tax - $10)
Hope the station owners don't get greedy too.
 
Tibooburra has a population of 262 (from the 2011 census) so it sounds like the tourist dollar is important to the towns upkeep and viability. Regardless of town common law and the rights of the committee unless common sense applies to the suggested charge it sounds like it will see Tibooburra in a lesser state if it goes ahead.

If the common is flogged and the charge to use private property is less it's a not rocket science to work out where to spend your dollars. If the committee used a survey to determine the best way forward it might help them find a happy medium. Mightn't please everyone but would give the tourist a voice. Even use the media of Facebook and forums to target tourist that aren't in the town regularly.
 
mbasko said:
7.62marksman said:
ok i have a question mbasko
How or Who would have the authority to remove you from common land and under what law/act is this done
if the shop keeper asked you to leave/pay does he have the right
does the local council have that right
the rangers
the police
or mary jo who runs her cattle on there for the last 50 years
?????????????????????
Click to expand...

It's under the Commons Management Act 1989.

56 Power of a member of a trust board etc to remove persons from the common

(1) A member of a trust board or of a local authority that is managing a trusts affairs, or an employee of the trust or local authority authorised by the trust, may remove from the common for which the trust is established:

(a) any person on the common who is not authorised to be there, or

(b) any person who is apparently contravening a provision of this Act that is applicable to the common, or

(c) any person who is apparently contravening a by-law that is so applicable, or

(d) any person who, by disorderly conduct, is apparently annoying or causing inconvenience to commoners and persons lawfully using the common.

(2) A member of the Police Force may assist in the removal of a person under subsection (1).
Click to expand...

Wow good work, I stand corrected. I thought and believed the town common was just that. At least so has my dealings with them been.

GT :N:
 
Is the common crown land?

The commons management act, of which state though? Assume its NSW legislation. If the common is on Crown land, and the state law clashes with the constitutional law of Australia, then the constitute final law over rides that of the states. Councils get away with far to much, their laws are rarely challenged and are technically illegal laws in some cases.

https://en.m.wikipedia.org/wiki/Section_109_of_the_Constitution_of_Australia
 

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