PETITION TO OPEN "THE OLD BRUXNER HWY YETMAN NSW"

OPEN THIS ROAD TO THE PUBLIC MINISTER AITCHISON

IMPORTANT BACKGROUND FACTS

The evidence herein shows the failure or worse by the Local and State Government authorities in the process of closing the public Old Bruxner Highway in 1985. It exposes alleged favourable treatment by certain officers of the Inverell Shire Council. 

  • Despite being an historical matter, the Minister should refer the matter to ICAC for investigation. 
  • The Parish of Yetman enjoyed direct access on the Old Bruxner hwy to fishing grounds and public reserves of Crown Land on the banks of the McIntyre River. Under Section 62 of the LLS, the reserves are for both public recreational use and that of travelling stock and stockmen.
  • These Crown Land reserves were directly accessible since the 1800’s from Yetman Village via long established Old Bruxner Hwy, the former Federal Highway to Goondiwindi.
  • On 19th of July 1985 portions of the Old Bruxner Hwy were sold by the Inverell Shire Council to Yetman Pastoral Co Pty Ltd
  • The sale caused the closure of this highway and blocked direct vehicular access to the river and crown land reserves to the Yetman residents and the public forever.
  • As an example of very serious anomalies with the closure, under 26 D of the NSW Water Act 1912 a written consent from the NSW State Fisheries should have accompanied the application.
  • This consent was never sought nor does exist and confirmed by an Inverell Shire Council officer. 

NOTE BELOW THE LAST LINE OF THE ENCLOSED CONSENT PAGE: –

The written permission of the NSW State Fisheries “Fisheries House” 211 Kent St Sydney, 2000 should accompany the application if any road applied for gives access to a river or lake prescribed under section 26D of the Water Act 1912. Otherwise the application will be refused.

The fact no consent was obtained renders the entire transaction illegal, unenforceable and void ab initio (the contract must be treated as invalid from the moment was entered into)

SEE THE SIGNED CONSENT BY PETER DIGHT BELOW. 

Why did the Inverell Shire Council allow the sale to proceed when it required the consent from NSW fisheries? 

Once purchased, the Old Bruxner Hwy road was not immediately closed to local traffic.

In fact, it remained open for many years after 1985 for local access. In other words, no one knew about the sale to Yetman Pastoral Co in July 1985.

Was it a deliberate act by stealth not to alert or inform the local Yetman community?

 

It was not until many years later and after the dust had settled that Yetman Station Pty Ltd made the acquisition publicly known. It then slammed the gate shut to all but to special quests and employees.

Note the Facebook invitation on the right.

It slammed the gate shut on Holdfast Palms Pty Ltd in 2019.  Yetman Station Pty Ltd argues that there are Bio Security risk in using the road, however select guests, employees, transport vehicles all  traverse the Old Bruxner Highway. 

Sam and Tim who inherited Holdfast, did not discover the sale until 1985.  

Unbeknown to Sam and Tim, the non-compliant sale severed lawful direct access by road from Yetman Village to the “Holdfast” homestead and other parcels of land owned now by Sam Dight. 

Sergeant Bradley Wood of the NSW Police Tingha advised me by phone that Yetman Station Pty Ltd confirmed with him that Sam Dight is no longer able to traverse the road. How does Sam Dight’ access his Homestead if what the NSW Police said is accurate? He is trespassing? 

See the letter of complaint on the written to the Inverell Shire Council on April 6, 2005, to the left of screen. 

Further to above, the covert sale to Yetman Pastoral Co and closure severed the direct access from Yetman Village to three important Crown land parcels riverfront preserve. The parcels are an approximate 5 to 9 kilometres minute drive directly north of the Yetman Village which we are identified in the map below.

 

Below are the subject public Crown land Lots and DP numbers, size and frontages to the McIntyre river: –

FIRST PARCEL

  • Part Lot 7301 DP1132360
  • Area between Road & Macintyre (Reserve) 24.3 ha
  • Macintyre River Frontage   1.12 km

SECOND PARCEL

  • Part Lot 7301 DP1132184
  • Area between Road & Macintyre (Reserve) 52.2 ha
  • Macintyre River Frontage    1.12 km

THIRD PARCEL

  • Lot 7004 DP1021547
  • Area of Reserve    9.1 ha
  • Macintyre River Frontage    300m

AUTHORISED USES OF CROWN LAND RESERVES UNDER SECTION 62 OF THE LLS REGULATION

(1)  For the purposes of section 74 of the Act, the following are prescribed as recreational activities for which a person is authorised (subject to the Act and subclause (2)) to use a travelling stock reserve (or part of a travelling stock reserve) other than an excluded reserve

(a)  walking, running and other kinds of individual physical exercise,

(b)  horse riding,

(c)  camel riding,

(d)  picnicking,

(e)  fishing,

(f)  swimming,

(g)  pedal cycling.

(2)  Subclause (1) does not apply to use of a travelling stock reserve (or part of a travelling stock reserve) for a purpose referred to in that subclause if Local Land Services has made a closure order in respect of the reserve or part of any such reserve under section 70 (1) (b) of the Act.

(3)  In this clause—

excluded reserve means a travelling stock reserve (or part of a travelling stock reserve) in the Western Division or a stock watering place.

PLEASE SUPPORT THIS PETITION TO OPEN THIS ROAD FOR ALL PEOPLE.

Fisherman, birdwatchers, picnickers, horse riders, tourist, campers, the indigenous community, and the public are denied direct access from Yetman Village to this unique, picturesque and pristine paradise.

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