Neil Pechar. Photo: Facebook.
The group Oceans for Everyone is pursuing a constitutional argument in its latest bid to halt the South Coast Marine Park.
Chair Neil Pechar published a public notice on social media last week addressed to WA Aboriginal Affairs minister Don Punch and Environment minister Matthew Swinbourn.
The four-page document quotes parts of the Constitution Act 1889 and Interpretation Act 1984.
“In preparing this notice, I have consulted with and sought clarification from experienced former Senators Rod Culleton and Len Harris regarding matters of constitutional interpretation and legislative history and application of law relevant to the Constitution Act…and the validity of post-1986 (divisible) Crown authority,” the notice says.
Mr Pechar then questions five “constitutional irregularities” which he claims render the South Coast Marine Park invalid.
“Further inquiries will be pursued through lawful means, and this issue will remain a matter of public constitutional importance,” the document says.
“We remain committed to upholding the rule of law, the sovereignty of the people, and the integrity of public constitutional importance.”
In the introduction to the notice, Mr Pechar refers to the “Mandate” document which he claimed had been “…addressed and tabled in Parliament on 26 November 2024…”.
This is a pro-forma letter widely circulated by the group and calling for a halt to the marine park, which Mr Pechar said been signed by more than 50 per cent of electors in Jerramungup, Ravensthorpe, Esperance and Dundas shires.
He appears to be referring to a letter tabled by then Environment minister Reece Whitby, which included several signed copies of the “Mandate” as attachments.
Four months later members of the group briefly placed hundreds of copies of the Mandate letter on the table at an Esperance Council meeting as Councillors considered a motion from the Annual Electors meeting by electors Kat Virgo and Yvette Manstead.
The Weekender understands the Mandate cannot be tabled as a petition in the WA Parliament as it is not in a form acceptable under Standing Orders.
As Member for Roe Peter Rundle said: “he certainly gathered up a lot of signatures but the previous speaker wouldn’t accept the mandates”.
Mr Pechar declined to comment.
“On behalf of our association and the community I’m limited on what I can say until we receive a response from the government to the letter,” he said.
