Legal Updates
Friends of Noosa are continuing to explore legal avenues that may assist in achieving our goals. We will carefully assess the risks and costs of any proposed course of action before embarking and will take a measured, considered and prudent approach before incurring substantial legal costs.
The current position is:
- On 9th August 2007 we made an Application to the Supreme Court of Queensland based on Sections 77 & 78 of the Constitution of Qld. 2001. Our aim was to prevent the amalgamation legislation from proceeding – it was being debated at the same time in the Parliament. The judge was sympathetic to our cause and supported our right to speak on the matter. However, opposed by three QCs from the Queensland Government, our Application was unsuccessful but we learned valuable lessons. The challenge formally documented Noosa’s unwavering opposition to the forced amalgamation and the undemocratic manner in which it was being promulgated.
- At the moment we have no plans to spend further funds on this course of action. However, we are revisiting each step taken by the state government and the “independent” commission set up to advise it. Should we discover any circumstance that will further our cause we will pursue it.
- Kevin Rudd has expressed his disapproval of the way in which the amalgamation process has been conducted and sought to distance himself from Beattie’s actions. We understand that Kevin Rudd has the power to move against the Beattie/Bligh decision under the Labour Party rules and various sub-sections to those rules (particularly the requirement to operate in a democratic manner). We refer you to an article by Glenn Milne in the Australian on 13th August 2007. The precedent to act has been established so we ask Mr Rudd to show leadership and exercise his authority by insisting Bligh follow ALP rules in accordance with the democratic principles set out in those rules. Thus allowing councils with a proven record of financial and environmental stability to decide their own future through the accepted medium of a democratic vote. We must all seek every means possible to get Mr. Rudd to act on this immediately!
- We are advised that once a Referendum has been conducted and the will of the people has been made clear, certain rights follow to seek protection under the Australian Constitution. This will be explored.
- Noosa has an application in with UNESCO for recognition as a Biosphere. UNESCO has welcomed the application because it relates to both the built and natural environments – most Biospheres consist mainly of a national park. It was put to Mark Vaile that this recognition is jeopardised by amalgamation and that the Commonwealth consider use of the external affairs power of the Australian Constitution as in the Daintree and Franklin dam cases.
Be assured we will proceed in a measured and balanced way in our campaign to restore democracy in Queensland, and most importantly to never accept forced amalgamation for Noosa!
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