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6 minutes ago, By The Bay said:

All this talk of bait fish has me thinking about one of my favourite snacks, fried Ikan Bilis (anchovies). Yummy.

KitchenTigress: Sambal Ikan Bilis (II)

That does look yummy. I think I have had it way back, possibly in Singapore.

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2 minutes ago, MicCanberra said:

All you would taste is the bread and egg.

Yes, which is why I prefer a very neutral fritter batter to bind the whitebait, and only enough to stick them together. Then, and only then, do you get the true whitebait flavour. You also need to use a very neutral cooking oil - I like to use a non-stick pan with just a light spray of oil.

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1 hour ago, Chiliburn said:

@GUT2407

A little legal advice.

Can a council officer enter you residence under a section 193 without your consent?

Section 193 of which Act? Dog and Goat Act? Need to clarify the  Act of Parliament.

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@Blackduck59

How are we going with your accommodation in Sydney ??

Sydney is one of the best cities and I think you would be better to stay that extra night than the south coast.

Just imagine the dinner parties where everyone will be hanging of every word you and Lynn say 

When you mention lakes entrance they will go to the bathroom.

Edited by Chiliburn
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10 minutes ago, Chiliburn said:

Local government section 193 .

Can a council officer enter your property without your permission.

 

I have so many conflicting views.

Phillip, council must give notice of intention to enter the property  to the owner/occupier. In writing. Not reasonable to turn up and demand entry unless notice given. In other words, YES, they can enter your property.

Edited by NSWP
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5 minutes ago, Chiliburn said:

@Blackduck59

How are we going with your accommodation in Sydney ??

Sydney is one of the best cities and I think you would be better to stay that extra night than the south coast.

Just imagine the dinner parties where everyone will be hanging of every word you and Lynn say 

When you mention lakes entrance they will go to the bathroom.

Agree, having been to lakes entrance it is ok but not too exciting IMO.  Batemans Bay is no Vegas or Surfers Paradise, but a bit more lively than lakes entrance, lol.

 

Edited by NSWP
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Just now, NSWP said:

Phillip, council must give notice of intention to enter the property  to the/occupier. In writing. Not reasonable to turn up and demand entry unless notice given. In other words, YES, they can enter your property.

But what if you refuse them ? 

Some say because it’s a residence they need a warrant.

Only the cops can with reasonable suspicion.

You know RC cruiser, smuggling booze.

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2 minutes ago, Chiliburn said:

But what if you refuse them ? 

Some say because it’s a residence they need a warrant.

Only the cops can with reasonable suspicion.

You know RC cruiser, smuggling booze.

They could apply to the courts for a warrant. You can ask mr google re local govt act powers of entry, Sect 193.

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LOCAL GOVERNMENT ACT 1993 - SECT 193

Notice of entry

193 Notice of entry 

(1) Before a person authorised to enter premises under this Part does so, the council must give the owner or occupier of the premises written notice of the intention to enter the premises. 

(2) The notice must specify the day on which the person intends to enter the premises and must be given before that day. 

(3) This section does not require notice to be given--

(a) if entry to the premises is made with the consent of the owner or occupier of the premises, or 

(b) if entry to the premises is required because of the existence or reasonable likelihood of a serious risk to health or safety, or 

(c) if entry is required urgently and the case is one in which the general manager has authorised in writing (either generally or in the particular case) entry without notice, or 

(d) if entry is made solely for the purpose of reading a meter or other device for measuring-- 

(i) the supply of water to the premises from the council's water mains, or 

(ii) the discharge of sewage or other waste matter from the premises into the council's sewer mains.

 

my reading of that sect, and I am by no means an expert on local Govt Law, is at provided they give notice in accordance with  ss 1 yes they can. I say that as with consent they don’t need to give notice, thus ss1 is only really relevant if it gives them the power to enter absent consent.

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8 minutes ago, Chiliburn said:

But what if you refuse them ? 

Some say because it’s a residence they need a warrant.

Only the cops can with reasonable suspicion.

You know RC cruiser, smuggling booze.

I can’t see how that can be the case, but as I said, it isn’t my area in fact I didn’t even study local govt law way back when, it wasn’t even offered as the new act was in preparation. I will have a look at the act and see if I can shed any more light.

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1 hour ago, Chiliburn said:

@GUT2407

A little legal advice.

Can a council officer enter you residence under a section 193 without your consent?

And if serious health issue, no notice of intentiom is needed. Also reasonablecforceccan bevusedcto enter. Also council can applybfor a warrant, also they can have police assist them to prevent a breach  of the peace. I had some practical experience of such incidents.

 

You wont win Chilli. Let them in.

 

 

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3 minutes ago, GUT2407 said:

I can’t see how that can be the case, but as I said, it isn’t my area in fact I didn’t even study local govt law way back when, it wasn’t even offered as the new act was in preparation. I will have a look at the act and see if I can shed any more light.

I think i have given sound pro bono advice mate, but go for it. I did some study on the local govt act in examinations  to inspector, back then..

Edited by NSWP
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LOCAL GOVERNMENT ACT 1993 - SECT 191

Power of entry

191 Power of entry 

 

(1) For the purpose of enabling a council to exercise its functions, a council employee (or other person) authorised by a council may enter any premises. 
(2) Entry may only be made at any reasonable hour in the daytime or at any hour during which business is in progress or is usually carried on at the premises. 
 
and
 

LOCAL GOVERNMENT ACT 1993 - SECT 191A

Power of entry--construction and maintenance of water supply, sewerage and stormwater drainage works

191A Power of entry--construction and maintenance of water supply, sewerage and stormwater drainage works 

 

(1) Without limiting section 191, a council employee (or other person) authorised by a council may enter any premises to carry out water supply work, sewerage work or stormwater drainage work on or under the premises (being work that the council is authorised by this or any other Act to carry out). 
(2) Subsection (1) does not apply to premises that comprise a National Parks and Wildlife reserve. 

 

Together wih

LOCAL GOVERNMENT ACT 1993 - SECT 194

Use of force

194 Use of force 

 

(1) Reasonable force may be used for the purpose of gaining entry to any premises (other than residential premises) under a power conferred by this Part, but only if authorised by the council in accordance with this section. 
(2) The authority of the council-- 
(a) must be in writing, and 
(b) must be given in respect of the particular entry concerned, and 
(c) must specify the circumstances which are required to exist before force may be used.
seem to give them plenty of power to do so. But again I don’t hold myself out as an expert on this topic. But to me, and without know precise circumstances or having looked in any depth at the case law, it looks like they can do so as long as they comply with the requirements for notice and written authority.

 

 

 

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Though

 

LOCAL GOVERNMENT ACT 1993 - SECT 200

In what circumstances can entry be made to a residence?

200 In what circumstances can entry be made to a residence? 

The powers of entry and inspection conferred by this Part are not exercisable in relation to that part of any premises being used for residential purposes except-- 

(a) with the permission of the occupier of that part of the premises, or 
(b) if entry is necessary for the purpose of inspecting work being carried out under an approval, or 
(c) under the authority conferred by a search warrant.
 
does apply some constraints in that they need permission or a warrant if not to inspect work being carried out or under an approval, so it really comes down to why they are entering, and what are they actually entering.
 
my reading is to enter your actual house the power is more limited than to enter your yard.
 
‘you also need to be aware that they can seek costs of not only rectification work but the entry itself.
 
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7 minutes ago, NSWP said:

Do you bulk bill, gut? I do, lol.

What annoys me about bulk billing is that they can double dip, you know well we will billed I are but you still owe us $450 as happene the othe day with an MRI.

 

‘’But if I get legal aid, I get about 1/4 of my private rate and no top up a few weeks ago (actually probably a year ago as pre lock down)  I was on Legal aid, another bloke was private rates, the third was a QC, so between them 15x per day what I was getting, but as I appeared for the kiddies the Judge kept asking me to do all the unpaid running around a making enquires etc.

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