Shire Councils

[Maddog Junior Member Find all posts View Profile Close Maddog]

Has anyone heard of shire councils not allowing people to make biodiesel in their backyards?
Or do we have to have a permit to make biodiesel in your backyard.
Someone told us that you can be fined up to $20000 for producing biodiesel in your backyard.
Does anyone know the laws about making your own bio for your own use?

[Guest Close David]

Re: Shire Councils

My first thought would be, How would they know if you were making bio in your backyard in the first place?
Councils don't have inspectors going round randomly checking in peoples garages and backyards. They only investigate complaints made to them by neighbours who report things. I can't imagine what you would have to be doing in bio production to upset the neighbours but other than that, I can't see how the council would know what you were doing.

I very much doubt that many ( any) councils would have bylaws prohibiting the specific production of bio but they would most likely have regulations pertaing to the amount of fuels and flamable liquids that could be stored at a domestic residence which MAY possibly, encompass some factors of bio production.

I would think that there would probably be loopholes you may be able to ge around as well. Last time I looked into my local councils regs there were regulations concerning how much flameable you could store and home brewing but I very much doubt there would be anything mentioning producing fuel on your property. The specifics would vary from council to council however.

The loopholes I would suggest would come from the fact that WVO is a food until made into bio. I would imagine if you kept the finished product and methanol within the limits, ( my council is 200L from memory) you would be in a grey area that would probably have them doing a lot of huffing and puffing but unable to actually take any action against you.

You would need to check out your local council regs but what I really think it comes down to is how are they going to know what your doing in the first place if you are a bit careful and sensible how you go about it?

[Maddog Junior Member Find all posts View Profile Close Maddog]

Re: Shire Councils

Thank you David
I though that would be the case, but I may check with my council anyway to see if there are any laws.
Storage would most likely be an issue in residential areas , but we are making our fuel in an industrial area in a factory shed.

[fantom Member Find all posts View Profile Close fantom]

Re: Shire Councils

folks the short straight answer is that it is none of their bussiness what you do on your Freehold land and they have no Right to enter your land if you have a sign on ya gate denigning them access, even with a court order. just check out the "plenty v dilon" case HCA. All ya need is a sign stating "Admittance by invitation only to all persons or entities or trespass applies HCA/91. This incudes anybody including council "officers" police etc with or without a warrant, so what this means if they enter a property that has this sign displayed on the entrance then they are TRESPASSING and that is a criminal offence.

Cheers Fantom

[Tony From West Oz Vice Chairperson of WARFA Find all posts View Profile Close Tony From West Oz]

Re: Shire Councils

There are so many exceptions to what you have stated that it would take a lot of time to explain. There are many departments which do not require your permission, a court order or a search warrant to enter your property. One of these groups is the Taxation Department, Excise Division. You cannot deny them access at any time of the day or night.

If they come calling, you had better be registered and be paying your excise . . . . . .or else.


Tony

[fantom Member Find all posts View Profile Close fantom]

Re: Shire Councils

tony maybe you should study up on property rights, and "fee simple"
on freehold land nobody and no govmint departments have free access to Your land unless you allow it.

[Guest Close David]

Re: Shire Councils

Fantom, Do you have any links to any websites or extracts of the relevant laws you could post here? Is this a recent legislation?

I have to say, while having no knowledge of the matter, it does sound unlikely to me that you could deny police for instance coming onto your property if they had a warrant. If it was as simple as refusing them access, what would be the point of such orders in the first place and how would they ever get to search the crims place to gather evidence?

I may well be wrong but I would certainly like to see the relevant laws that apply before I felt I could rightfully turn authourities away just by erecting a sign.

I would love you to be right thought and if I can see you are, I'll have a sign put up tomorrow just so I can keep the pesky inspectors from the council away for giving me grief over the pool fence they approved years ago but now want to argue about!

I don't think the pool fence is really much of a danger to any kids that come onto the property. The 2 45Kg Rottweilers and 1 Sheppard will have eaten them long before they even get a chance to climb the pool fence and drown!

I know the local dog catcher personally and he won't come near them either so even if a sign won't keep people out, I know my puppies certainly will!

[Gunner Donating Member Find all posts View Profile Close Gunner]

Re: Shire Councils

Fantom, Do you have any links to any websites or extracts of the relevant laws you could post here? Is this a recent legislation?

Try this site.
It seems that the Police did not have the right to enter the property, unless they were in possession of an enforceable order to do so. Merely serving a summons is not an enforceable order.