Draconian laws attempt by local council

If only a few lodge this, nothing will happen – we must resist the draconian attempts of the local council

read more (and download) in the attachment
VEET Scheme

If this gets thru, it will be done by all councils so
please send the petition regardless of which State you reside in

https://www.change.org/p/daniel-andrews-dump-victoria-s-local-government-act-2018-bill-that-will-give-councils-authority-status

AN APPEAL TO EVERY VICTORIAN!

Victorian Energy Efficiency Target 2007 (VEET) Legislation

This appeal is directed towards all landowners, farmers, tenants, property investors and those living in body corporate developments to read then act upon the information contained in this document.

You need to be aware of what is likely to happen to your world if the Victorian Local Government Act 2018 becomes law, which will then enable this legislation to come into force.

While searching through this legislation, I found terms can often be very difficult
to interpret accurately because the legislation is yet to be implemented; however when the two pieces of legislation are analysed together, it is clear that a horrific scenario is awaiting every Victorian in the not too distant future because the government aims to significantly reduce every household and every business’s access to electricity and gas from the grid. Their plans in this legislation will impose draconian and punitive means for compliance upon every person if the Local Government Act 2018 becomes law.

If the picture presented here is inaccurate, then I request that Premier Daniel Andrews or any of his ministers kindly correct me, and in doing so explain what the true meaning of both pieces of legislation actually mean.

The introduction to the above titled VEET legislation says this (Part 1, Page 1)1:

The points to note from the above legislation are:
1. The statements from the Victorian Energy Efficiency Target 2007 (VEET) legislation above, together with the statement from the proposed Local
1 https://www.veet.vic.gov.au/public/Pub.aspx?id=6
2. Without BOTH of the above pieces of the legislation being passed by the Victorian Parliament, the plan of what is revealed in this document cannot be undertaken.
3. The transfer of Energy Efficiency Certificates (EECs) is central for “entities” in the near future to be compliant with the VEET legislation and for households and businesses to remain connected to the energy grid (electricity and gas).
4. Stringent penalties apply for any breach of the two sets of legislation.

The issue in a nutshell

If the proposed Local Government Act 2018 is passed in parliament, Victorians can expect to see the effects of this legislation (possibly in 2018) as follows:
1. Local councils will be elevated to “Authority” status and will be able to make “Local Laws” that will be impossible to appeal against. In essence, councils will be come a law unto themselves.
2. The government will use the Essential Services Commission (ESC) to implement
their Climate Action Plan. This will mean:
• Access to the supply of electricity and gas to consume in an unrestricted manner will come to an end not long after this legislation is enacted.
• ALL households and businesses will have a period of time in which to register to retain their right to have access to electricity and gas supplies.
• Each household and business will be required to appoint an “accredited person” who will become responsible for the administration of the use of energy supplies within the dwellings or businesses they are responsible for.
• It is my estimation that ALL households will be forced to use (possibly) 60% less of energy that they currently use once they become registered.
• This figure can be increased by the landowner undertaking energy efficient upgrade works as directed by their local council’s environmental inspectors. If the prescribed “work” is not performed and paid for, the council has the legislative right to “transfer” the property to itself.
• For those who manage to remain in the scheme, they can purchase more energy use (carbon credits) to their home or business by purchasing Energy Efficiency Certificates (or EEcs) through a Carbon Trading Scheme that Julia Gillard and Kevin Rudd spoke a lot about.
3. For those unable to join the scheme, the following groups of people will have
their energy supplies cut-off:
• Those unwilling to join the scheme because of its onerous requirements;
• Those who can’t afford to join the scheme;

2 https://www.localgovernment.vic.gov.au/__data/assets/pdf_file/0022/91138/Local-Government-Bill- Exposure-Draft.pdf
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Government Act 2018 below (Page 115)2 are linked so as to implement Climate Change policies throughout every Victorian community.
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• Those from migrant backgrounds who are unable to comprehend its demands for compliance.
4. Anyone who tries to circumvent the VEET scheme by installing other energy sources such as generators or solar systems that are not registered with the ESC can expect visits from council inspectors. The police will ensure that entry into people’s properties for council inspectors is adhered to.
5. The implementation of this legislation will change the social structure of
Victorian society into a significantly huge gap of the Have’s and the Have Nots.
My assessment of the VEET Scheme
It appears that this legislation requires ALL Victorian houses to cut their electricity and gas usage quite severely to be able to meet the expectation for Victoria to produce only 6·1 million tonnes of carbon dioxide equivalent in 2018. Research indicates that Victorian households consume between 3 and 18 tonnes of CO2 per year3. It is my estimation that the government will require cuts of (say) 60% of energy consumed to each “entity”—this being a house, business, body corporate, etc.
To be able to access this (reduced) amount of CO2 energy, an “accredited person” must become that dwelling’s representative who will be required to manage the entity’s “Energy Efficiency Certificates” using stringent book-keeping methods. If no person can be found on-site to undertake this role, it is my belief the supplies of electricity and the gas will be disconnected until such a person is found.
Under the proposed Local Government Act 2018, once each “entity” has applied for registration to the Essential Services Commission (ESC), the various local councils will arrange for their officers to visit each newly registered house to conduct an ‘Energy Efficiency’ inspection to determine what areas of the entity’s structure and appliances need upgrading to meet the new carbon emission requirements.4
After the inspection has been completed, a set of requirements for work to be undertaken will be given to the landowner, together with a timeframe in which the work is to be completed. If the work is not performed by the landowner, then the council will arrange for the work to be performed by contractors, and the costs for the work (plus council’s fees and fines) will be given to the landowner. If the charges are not paid, then the land will be “transferred” to the council.
Assuming the work is completed, the “accredited person” under the VEET is then able to create EECs that will have values assigned. By registering them with the ESC, the household is now able to increase the amount of CO2 it can consume (say to 60% of current values) — but that may not be sufficient for the daily needs within the “entity”.
If the household is wealthy enough, it can purchase additional EECs from corporations that grow trees and produce other CO2 capture means. This process is all a part of the Emissions Trading Scheme (ETS) spoken a great deal about by Julia Gillard and Kevin Rudd some years ago. These EECs are required to be registered with the ESC, and by purchasing as many are as needed, the household should be able to function as it does today, albeit at a huge cost.
Penalties
The legislation contains some 20 penalties associated with offences related to the creation and transfer of EECs. If the records are not kept up to date and in a form available for inspection, then horrific penalties apply.
3 http://www.epa.vic.gov.au/agc/r_emissions.html#/! 4 https://www.veet.vic.gov.au/public/productregistrysearch.aspx
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Below is a table that itemises the types of offences that an “accredited person” can be subjected to, based upon 1 Penalty Unit costing $158.57 as at 1 July 20175.
Offence Penalty Units $
Anyone creating an EEC who is not accredited.
• 60 per individual
• 240 per body corporation
$9,514.20 or
$38,056.80
An accredited person creating an EEC ahead of time.
• 60 per individual
• 240 per body corporation
$9,514.20 or
$38,056.80
An accredited person creating an EEC while suspended.
• 60 per individual
• 240 per body corporation
$9,514.20 or
$38,056.80
The accredited person has lodged a dual EEC for the same “prescribed activity”.
• 60 per individual
• 240 per body corporation
$9,514.20 or
$38,056.80
The accredited person or another person has previously obtained a benefit of that activity.
• 60 per individual
• 240 per body corporation
$9,514.20 or
$38,056.80
The accredited person submits incorrect information about a prescribed activity.
• 60 per individual
• 240 per body corporation
$9,514.20 or
$38,056.80
The accredited person fails in any way to comply with this Act in creating an EEC.
• 60 per individual
• 240 per body corporation
$9,514.20 or
$38,056.80
The accredited person fails in any way to record the prescribed activity.
• 60 per individual
240 per body corporation
$9,514.20 or
$38,056.80
“A relevant entity which has an energy efficiency certificate shortfall for a year is liable to pay to the Consolidated Fund, as a pecuniary penalty, an energy efficiency shortfall penalty determined in accordance with this section”
The energy efficiency shortfall penalty payable by a relevant entity for a year is determined by multiplying the relevant entity’s energy efficiency certificate shortfall (in tonnes of carbon dioxide equivalent of greenhouse gas emissions) for that year by the prescribed shortfall penalty rate
Failure for “a person” to surrender an EEC:
Penalty: 600 penalty units and an additional 1 penalty unit for each certificate that the person fails to surrender in accordance with the notice.
$95,142 PLUS $158.57 per certificate.
51 Failure to produce documents or answer questions
• 60 per individual $9,514.20
54 Occupier [assume an individual living/working there] to provide authorised officer with assistance
• 60 per individual
• 240 per body corporation
$9,514.20 or
$38,056.80
61 Failure to comply with notice • 60 per individual
• 240 per body corporation
$9,514.20 or
$38,056.80
65(1) A person must not disclose any confidential or commercially-sensitive information…
• 60 per individual $9,514.20
(2) A person must not use any information referred to in subsection (1) to obtain directly or indirectly any
• 120 per individual $19,028.40
5 http://www.justice.vic.gov.au/home/justice+system/fines+and+penalties/penalties+and+values/
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Offence Penalty Units $ pecuniary or other advantage for himself or herself or any other person.
68 False or misleading information • 60 per individual
• 240 per body corporation
$9,514.20 or
$38,056.80
69 Failure to provide documents • 60 per individual
• 240 per body corporation
$9,514.20 or
$38,056.80
70 Offences by bodies corporate Not specified and vague
72 [Failure of] Records to be kept by accredited persons and relevant entities [houses, businesses, etc.]
• 60 per individual
• 240 per body corporation
$9,514.20 or
$38,056.80
75(2 g) Regulations • Up to 10 $1,585.70
Fees payable to the ESC
Enforcing the use of energy
To monitor whether the registered appliances are being used legally or not within the “entity”, the smart electricity meter connected to each house or business has the capability of monitoring what appliance(s) consume the electricity. This information is expected to be recorded by their electricity utility, who then passes on any breaches to the ESC for them to record against the entity’s energy acquisition statement.
Access to premises by authorised persons
If a breach in the use of a non-registered or cancelled EEC is detected, a process of the ESC’s authorised officers demanding access to the records associated with the ‘entity’ and the “accredited person” commences.
If the information demanded is not in folders (hard copy) they will demand access to all computer equipment to see the records for themselves—and take copies. Naturally, if the records do not exist or are not up to date, then penalties will apply.
If the “accredited person” attempts to avoid the inspection, the authorised officers have the power from a warrant issued in the Magistrate’s Court to force entry into the “entity” and take whatever records they feel are relevant. Fines for this apply as shown previously.
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Transitioning to the VEET Scheme
It appears that the legislation demands that “occupiers” of dwellings and businesses (i.e. owner/occupiers, tenants, etc.) to meet the following requirements of becoming a “person” if they want to consume energy within Victoria:
o The status of “an affected person” (page 50) occurs during the transition from free energy use to restricted energy use.
o “An accredited person” (Pages 11, 12, 13, etc.)
The “affected person” would be chosen from those living or working within the “dwelling”. The person chosen must then apply to the ESC to become an “accredited person” of their “entity” (page 9).
Once approved by the ESC (possibly because they have a computer to record all the transactions required) and having paid the fee, the person then becomes an “accredited person”.
It can be assumed that anyone who has in any way opposed this scheme but then decides to become a part of it may not necessarily become approved because the ESC have the choice “of deciding whether to approve the application” -part (2) (c).
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Accredited persons are required to create EECs:
Regular compliance audits
Regular Compliance audits will have to be funded by each “entity” (page 18). Failure to comply will result in the ESC appointing an auditor and the costs “must be borne by the accredited person”:— part (3) below.
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1. Non-compliance brings forth penalties (page 18)
2. Certificates must be registered with the ESC (page 21)
3. Energy Efficiency Certificates (presumably the ones that grow on trees because
they absorb CO2) can be transferred (page 23):
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Entry by ESC officers into “entity’s premises” for Compliance
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Power of Authorised Officers to examine records on entity’s computer’s for evidence of falsified energy certificates
Page 44
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ESC officers have the power to remove items of interest and ask “occupiers” questions and for them to produce documents (Page 45)
ESC Officers have power to enter premises by force (Page 48)
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ESC officers can demand documents to be produced – whether from individuals or a body corporate’s “accredited person” (Page 53):
The ESC must publish certain details for every entity’s details for a 12 month period (Page 57)
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Offences by Body Corporate Individuals (Page 59)
Records to be kept by Accredited Persons (Page 60)
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Comments
The foregoing scenario (much of it based upon the VEET Scheme legislation) will be horrendous for every Victorian family, businesses owner, tenant, landlord and body corporate members should it be implemented.
The only way to avoid this outcome is to prevent the proposed Local Government Act 2018 from being passed in the parliament; and then requiring each person’s parliamentarians (Upper and Lower Houses) to repeal the VEET legislation.
From the penalties list alone, it can be seen that any “”accredited persons:” can easily attract one or more penalties amounting to $10,000’s in fines, and such penalties would break many household budgets. It’s even worse for anyone in a body corporate situation, where penalties can approach $40,000 just for making a mistake on a form—and they won’t specify how much the fine is likely to be if you consume more than the allowed energy (CO2) for the year!
I doubt if too many Victorians will be able to adapt to this very cruel system of supplying “essential services”.
The impact this will have on many elderly and migrant people will be huge. They will not be able to understand let alone comply with these rigorous accounting requirements. It is obvious there are many traps set in the regulations to ensnare people and then fine them.
But the BIG issue here is that MOST PEOPLE would NOT be able to afford to enter this scheme due to the fees involved, and as such will then be off-grid and off-energy, meaning NO LIGHTS, NO COOKING, NO HEATING, NO COOLING!!
If people try to purchase generators or even light a fire outside to keep warm or to cook food, such actions could be viewed by the council as breaking the VEET laws (as there is no EEC registered at the ESC to allow such an activity), and confiscation of the offending materials or equipment would happen together with penalties.
Draconian is not a strong enough word to describe the impact these two pieces of legislation will have on the Victorian community. Try these for size:
cruel, brutal, oppressive, ruthless, relentless, summary, punitive, authoritarian, despotic, tyrannical, repressive, iron-fisted!!
The reason behind all of this is that various Australian governments have continued to sign up to the United Nations program called Agenda 21, as stated below:
Quote:
“In the Future We Want, the outcome document from Rio+20, Prime Minister Gillard not only agreed to continue implementing Agenda 21, but further, she agreed to expand Agenda 21 under the new name of the Post-2015 Agenda and the Sustainable Development Goals (SDGs). This new agenda was renamed the 2030 Agenda and the SDGs, and was signed by Foreign Minister Julie Bishop in September 2015. The 2030 agenda has been described as a UN driven “master plan” or “roadmap to global socialism” aimed at controlling the planet, including so called ‘climate change’,
and the life styles and energy consumption of all people and all countries
.” 6
“The U.N. believes that land ownership contributes to “social injustice,” in other words it is unfair that some people own vast amounts of land while others own little. In order to rectify this, they are going to control all the land, tax you for
6 http://catallaxyfiles.com/2017/08/10/chronology-of-agenda-21-in-australia-part-2/
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owning it and redistribute the resources in order to achieve social equality. While many of these objectives may sound good, there is no way that the government can ensure total equality for everyone…” 7
If you are a Victorian reading this article and are outraged that your parliamentarians from Liberal, Labor and the Greens have concocted these two pieces of legislation over the past decade under the guise of the VEET assisting homeowners and businesses to upgrade to more energy efficient light bulbs and related products, I urge you to say to them that “ENOUGH IS ENOUGH” of this charade!
If you want to take some affirmative action about this then contact your politicians about this matter immediately!
Firstly, visit the webpage at the link below and READ IT CAREFULLY, as it has extracts taken out of the proposed Local Government Act 2018 legislation to demonstrate how draconian this matter is.
https://larryhannigan.com/government-state/13-victorian-local-government-act- 2018-submissions/
More importantly, the webpage has a link where you can download a Submission template8 that should be sent to the Victorian parliament and to ALL the politicians in each person’s electorate.
The purpose for doing this is to ensure that EVERY POLITICIAN in Victoria feels the heat about this matter from those in the communities they purport to represent – and that they should NOT allow this Bill to pass through the parliament, and that they will be held accountable.
Therefore, if you are a Victorian reading this:
1. Download the Submission template document. Read it through and then put
your name and address on it.
2. Send off the template to your local member of parliament together with the 5
members in the Upper House,9 to let them know you are aware of what’s happening.
3. Then follow up on the emails a day or two later with either a personal visit or at
least a telephone call to see how they are likely to vote on this bill.
4. Also send off a copy to the Parliament10 as they are inviting submissions about
this. The government members need to receive thousands of submissions opposing this legislation from landowners, tenants and business people for this to be effective. Email it to local.government@delwp.vic.gov.au
5. Send a copy of this email to as many Victorians family, friends, colleagues as
you can – and urge them to implement the actions recommended above.
If this Local Government Act 2018 bill gets through the parliament unchallenged, then no Victorian landowner, tenant or business owner will be able to sleep at night because of fear that the authorised council officers and the police might come calling to gain access to their homes. THIS MATTER IS THAT SERIOUS!
Alan Manson frackfreegrovedale@gmail.com
7 https://freedomoutpost.com/agenda-21-simplified-eradication-private-property-rights/ 8 https://larryhannigan.files.wordpress.com/2018/02/submission-comments-exposure-draft-bill2.docx 9 https://www.parliament.vic.gov.au/about/people-in-parliament/members-search 10 http://www.yourcouncilyourcommunity.vic.gov.au/exposure-draft