Many community members will not be able to afford to rebuild on their land, is it really necessary for homes in the bush to be built to town standards?

"Members of Wytaliba's alternative community planning the rebuild of their homes are concerned planning approval rules could make rebuilding so unaffordable it could exclude half the village.

And one bushfire victim said the community, founded as a hippie commune in the 70s, may be forced to finance rebuilding through the "grey economy".

Glen Innes Severn Council this week confirmed the community will be required to follow development consent and building certification rules for "replacement" dwellings, laws that have long been flouted in the village.

Long-time resident David Pieters said some residents may be forced to take desperate measures to afford to do so.

Local fire captain Kym Jermey said building to specifications could be so expensive the community of about one hundred residents could shrink by half".

There's an opportunity for the federal Govt to put its foot down & give a lot of red tape the boot once & for all !
Buildings must be be made of non-flammable material & no trees to be planted within less than 15 metres. Problem solved ! No maggot consulting engineers & lawyers required whatsoever.
Council Building Inspectors get already handsomely paid to ensure compliance. No extra costs involved Period !
National Service participants could help everywhere, if we had a National Service that is.
Councils need to be stopped by Federal Legislation to rip off the people in their Constituency !
NOW, is the best opportunity to gain back at least some common sense !

individual: You need to read the constitution! The federal gov is NOT responsible for building codes. This is a state matter.

Also local councils are not under federal control, instead they exist ONLY by the grace and whim of the states. That is, councils are not even mentioned in the federal constitution but are created and given their powers by the states and the individual state constitutions.

The way our constitution works is that the states are the primary from of government in that they hold ALL powers except those explicitly granted by the constitution to the federal government. Section 51 of the constitution lists these federal powers. And it is quite a short list! The powers the fed gov have are things like: international relations (ie: external affairs and foreign trade), marriage/divorce, postal and telecommunications services, lighthouses, quarantine, companies, bankruptcy/insolvency, pensions, citizenship, currency, taxation*, etc.

Whenever a federal law conflicts with a state law then the state law ALWAYS overrides the federal UNLESS it concerns an explicit federal power.

So in general the states governments are exceptionally powerful governments. In practice the only effective way the federal government can reign in the powers of the states is by use of the foreign trade and relation powers that is has.
Eg: if the federal government were to sign an international treaty banning capital punishment then the states couldn't execute people. So hypothetically Tasmania could enact a law (ie: a bill that passes its parliament and gets its Governor's assent) requiring that all its residents who's names begin with the letter 'M' must be executed and there is nothing that anyone can do to stop this unless the federal government has signed an international treaty/agreement banning this.

*Taxation is a tricky one- http://en.wikipedia.org/wiki/Constitutional_basis_of_taxation_in_Australia

Whoops, In my last post I forgot to list a very important federal power that I meant to mention, specifically: the creation and control of the army/navy for defense purposes.

Too expensive? Want to carry on making the same stupid mistakes with living and bulding in the bush? Then burn, baby, burn.

To be fair: regarding the executing people who's names begin with "M" scenario I am perhaps pushing the example a bit too far here. There is perhaps another way that it could be stopped. The courts could overrule it by stating that it is contradictory to our human rights. But this is just the courts with their own modern feel-good interpretation of the constitution and not a literal interpretation. Since we do not have an explicit constitutionally based bill of rights or equivalent that grants us such human rights, the courts of have created them by implication of their interpretations.

If cyclone proof houses can be built in Fiji for $12k, why can't Hippie Happy Hovels be built in Hooterville or wherever for the same price. These Australian designed houses are great, much cooler than I expected, with the breezeway down the middle pulling in cool air. although the wife and I didn't stay overnight, very spacious by Fijian standards. Compared to many of our friends homes in and around Sigatoka, these houses are palaces. Even fit for Australians.

http://www.abc.net.au/news/2015-05-04/australian-builds-storm-proof-homes-for-fiji-poorest/6444182

Issy, didn't you once claim to have been the financier of a a collection of Hippie Hovels up in the mulga at some stage? Your cash is needed once more, just charge your usual philanthropic interest rate of 200% pa.

Porky,

Grow up.

Touched a nerve there Issy, Did you not say you loaded $10k to a Hippie commune, some time back or was that Joe or someone else?

You do not approve of the Fijian style homes, as a reasonable alternative to fire and storm prone dwellings in Australia?

The federal gov is NOT responsible for building codes.
thinkabit,
The Fed Govt should legislate against Local Councils perpetually hiding under that umbrella.
What you're literally saying is that we should just "do nothing again" because it's all up to the States ? Well, fine then let it be up to the States & when the next crisis emerges the lefties can stop complaining about Morrison not getting involved because, as you say, it's got nothing to do with him ? If it has nothing to do with the Fed Govt then why do the CC warriors make such a fuss ? Why don't they get onto the local Councils & State Govts instead ?
Talk about utter prize-winning Stupidity !
Btw, do you think a national Service would come in handy now or not ?

individual: You say "The Fed Govt should legislate against Local Councils perpetually hiding under that umbrella."

You're still not getting it! The federal government doesn't have the power to do this! Because neither local government nor building codes are mentioned in the constitution. The ONLY powers the fed gov has are those that it is granted by the constitution or those that the states have yielded voluntary to it since federation.

State Governments are very powerful governments- they COMPLETELY control the local governments. They can even abolish them at their whim and entirely remove this layer of government, but the federal government cannot directly do this.

There is however a back-handed way that the federal government can overrule a state government with issues that involve powers that it (the fed) doesn't have. And that is by exercising its exclusive constitutional right to sign onto foreign treaties. This is what happened with the Franklin Dam in the 80's. Tasmania wanted to build a dam which it has a right to do, but the federal government wanted to stop it. It managed to stop it by invoking its foreign powers and listed the area involved as a world heritage area. http://en.wikipedia.org/wiki/Franklin_Dam_controversy
But when it comes to building codes it would be very difficult use this approach because, as far as I know, there is no international agreement/treaty concerning build codes that the gov could use to force the states hand.
However, when it comes to climate change such treaties exist! For example, the "United Nations Framework Convention on Climate Change". So in this case the federal government can force the states to implement emission control laws even though controlling CO2 emissions is strictly a state government power!

Porky,

"Touched a nerve there Issy, Did you not say you loaded $10k to a Hippie commune, some time back or was that Joe or someone else?"

"
Must have been someone else; I bought a share in a commune, a share that did not increase in value and could only be sold back to the commune at the purchase price.

Cyclone proof houses suitable for Fiji are not suitable for fire-prone areas in Australia, especially with a breezeway down the centre.

Truly fireproof houses are extremely expensive and unless there is an oxygen supply in smaller houses an intense bushfire could asphyxiate the people inside; the same applies to fire shelters.

The people of Wytaliba should be encouraged to rebuild in the same manner as their old houses if that is their choice.
I suspect that the council officers concerned will apply the letter of the law to spite the Green Mayor who is one of the Wytaliba communists.

The only legitimate building codes are where building can adversely affect the neighbours. In a rural setting and where all neighbours are in agreement, there is hardly a case for any limitations, certainly not regarding the materials and dimensions of dwellings.

That said, IF the residents wish to enjoy the benefit of fire-fighting services, THEN they may need to make some compromises. Otherwise they should be left on their own and not complain when the next fire comes and takes their homes.

The federal government doesn't have the power to do this! Because neither local government nor building codes are mentioned in the constitution.
thinkabit,
So, doesn't that tell you some drastic changes are well overdue ? As long as people who get handsomely paid by us taxpayers, we can & must demand action & competence in return.
Stop hiding under legislative umbrellas & get a move-on ! We're paying you more than enough, pull your finger out !

The federal gov is NOT responsible for building codes.
thinkabit,
Then stop asking them to do "something' ! I think the Fed Govt should stop beating around the Bush & order portable housing at once. Imagine the economic boost to industry at no more cost than dozens of enquiries by people who wouldn't know what common sense consists of anyway.
They do it for overseas aid so why not do it here without delay ?
Get moving Govt !

In his typical anonymous gutless fashion Is Mise tries to label the hard working Greens Mayor of Glen Innes Severn Council Carol Sparks as being a communists. Obviously upset with the failure of the Nazi style members of the Shooters and Hooters Party to win support in local council elections, Is Mise resorts to unsubstantiated claims about a woman who has served her community well for over 25 years.

Now I tell you Issy, GROW UP!

individual: you say, "Then stop asking them to do "something' !"

But I'm not asking them to do something, YOU are!

You're the one that didn't understand that the fed gov doesn't have the power to change the building codes.

You're the one after learning that they couldn't change the building codes has started demanding that they mandatorily be given the power (which by the way would require a nation wide referendum to change the constitution).

As for myself I've never asked them (the fed gov) to do anything and I don't think that should have that power anyway.

For me it is perfectly sensible that the States be responsible for building codes since building codes by their nature have a large component of geographical dependency. For example, a house in Cairns North Queensland has very different requirements and expected performance outcomes than one in Hobart, Tasmania.

Also it appears fair to me that the types of buildings (in terms of their intended use- eg: high density dwellings v's heavy industry factories) and also style (in terms of looks) that may be built in any give area should be accountable to the local people that live there. Since they are the ones that have to put-up with seeing/hearing/smelling them.

So overall, for me at least, it is natural that the building codes and development approvals should be managed at a smaller scale than the whole continent. In other words, the States/Local Councils are better placed to have this responsibility.

But what I don't understand is why you think the federal government should have this responsibility.

But what I don't understand is why you think the federal government should have this responsibility.
thinkabit,
simply because we have an emergency situation which requires asap action. As I said earlier, get the portable home factories of each State into top gear right now & the feds should provide 1000 & the relevant States the rest. They wouldn't be that slow if it was Tax the fire victims owed.
A small Levy collected form the generous salaries of Bureaucrats on over 150 Grand/year of say 1% would not hurt anyone either to pay for transport costs. A Disaster Lottery too would go a long way towards a speedy economic recovery. Constitution aside, it just needs some people higher up to kick red tape out of the way & get things moving. It's the whole Nation that's affected so get the whole Nation behind it.
It's not just the Govts responsibility, it's every Aust Citizen's because every Citizen will benefit from the outcome !

Porky,

People who live in communes are communists, I was one myself.

Nah! Issy, that lame excuse don't wash, it a PORKY AWARD with a COP OUT CITATION for you. Your fourth for the year, and we haven't even reached Invasion Day yet.

Issy can't you at least be original, calling me PORKY, think up your own names like WOMBO or SKEETERBUM. How old are you now? 97, and never had an original thought ever, shameful.

BTW, Did you cop all those rednecks, white suses, racists, Nazie's, general jerk offs, etc etc all members of your parent club, the American gunnies NRA, protesting in Virginia about reasonable gun control laws for the state, after several mass shootings in that state by the gunnies! Somewhere you were saying the government in Australia is paying for your 'Shoot Em'Up'HQ's, with all the dosh NRA pay your Australian chapter, you mob are flushed with cash. Heck Steve Rambo Dickson was getting you $20 million. Why ain't you also on the following video?

http://www.theguardian.com/australia-news/video/2019/mar/26/we-were-on-the-sauce-james-ashby-says-of-one-nations-gun-lobby-tape-video

Porky,

Thank you for the expected ramble; got sucked in didn't you, of course as a Green you'd only be familiar with the Marxist/Leninist version of communism.

just so you know in future, political communism sprang from Le Commune de Paris, but true communism has been practised by many Religious Orders of Christianity and of other religions for thousands of years,i.e. communal living; broaden your outlook and widen your horizons and you will not so easily be shewn for a sucker, in the sense of being so easily sucked in.

Dear Wriggle Worm,

According to you; "as a Green you'd only be familiar with the Marxist/Leninist version of communism"

Since the Mayor of Glen Innes Severn Council Carol Sparks is a Green, then by your definition as a communist (you claim she is) she could only perceive herself as a Marxist/Leninist version of communist.

BTW; According to the councillor in question she does not perceive herself as any such thing.

You claimed to once being a Communist yourself, when did you have that 'Road to Damascus' moment and convert to National Socialism?

Porky,

Don't worry, you're off the hook, I always throw tiddlers back.

Issy,

"People who live in communes are communists, I was one myself."

Are you not the same Issy, the American negro from Alabama, with his own bed sheet and flour sack, applied to join the KKK.......because you hated black people! I think you are.

What was that you told the Klan's Grand Wizard when you applied for membership; "HECK! when I put on my bedsheet and flour sack I'm just as WHITE as you!"

Porky,

I hope the hook didn't do any permanent damage, don't like to hurt the tiddlers.

when I put on my bedsheet and flour sack I'm just as WHITE as you!"
Paul1405,
So, it's racism after all with you ! Just as we all suspected !
Now do your job at Centrelink & deny some deserving poor sod a bit of welfare !

That's right Indy, come on down and I'll cut you Old Blokes Pension off!

Only quoting what some crazy negro fella who wanted (seriously) to join the KKK. It takes all kinds, nothing racists in that.

Now you tell me you dodged national service, being a 10 pound Pom and all. I suppose you collect two pensions, one from the old dart, and one from us mob who took you in in your hour of need. Definitely a cut off job in my book!

BTW, have you give any though to joining the 'Seniors National Service'. A dab of painting here, a bit of road work there, you will be surprised just how many tones of earth you can move with a pick and shovel in 16 hours of hard yakka.

Paul1405,
Your desperation to come across as credible is taking its toll. I'm nota 10 pound Pom but I am a twenty Pound European.
My $20/week European Pension gets deducted from my Australian pension so, no extras there !
So far as Seniors National Service goes yes, I am active in the Community I live in.
What do you propose should be done to make 18+ year old unemployed people get ready for becoming useful members of our society ? Keep them keep on being dependent like you are or offer them exposure to working life such as I was for over 52 years ?

"being dependent like you are" I told you Indy, unlike you, I am not on government welfare. I am sorry you were unable to succeed in this land of opportunity, and after years of support from the people of the 'Lucky Country' such as myself you ended up as a refugee on taxpayer assistance. Many of the good folk from Europe who made their homes in Australia post WWII, succeeded, but there was the odd failure or two.

Paul1405,
Are you calling Australian Pensioners Welfare recipients ? You'll find that you, as a Public servant receives way more undeserved benefits including Super than the average blue collar pensioner who has already paid for their Pension in advance !
I never did get an answer to asking you several times of what benefit you are to Australian society ! My gut feeling is that you're not even a citizen of this country !

Am I public servant? Wrong
Self funded retiree, not a burden on the public purse, like someone. You should be living off your Supa! That's what you paid for. No sympathy for those who pissed it up against the wall.

Am I not a citizen of the Country? Wrong
Born and bread, not a 10 pound blow in, like someone. Now with snout in public taxpayer trough.

Self funded retiree,
Paul1405,
From bad to worse eh ? Self funded means you were writing everything off that could possibly be written off & the ordinary blue collar workers had to make up the shortfall to the Govt coffers as per usual !
Self-funded means you paid as little Tax as possible. The average worker paid three times more in tax than you ever did & you have the gall to call Pensioners Welfare recipients ?
You're a sad case of a grub indeed !

My last full yer as a taxpayer seen the wife and I part with $40k in taxes. Still as a retiree required to pay tax. How much do you pay? Sweet FA I would suggest. Aged pensioners never ever contributed to a national pension scheme. Hawke and Keating supa yes, which you were paid out, probely "invested" it in the one arm bandits, and a few more schooners down at gods waiting room. Would I be correct.

Sweet FA
Paul1405,
Still on 19% which is not sfa in anyone's language considering that you'd never ever have paid anywhere near that rate whereas we blue collar jockeys were up on 39% & no write-offs unlike your commercial welfare !