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The Principality of Hutt River, previously known as the Hutt River Province, is the oldest micronation in Australia. The principality claims to be an independent sovereign state and to have achieved legal status on 21 April 1970, although it remains unrecognised by Australia and other nations. The principality is located 517 km (354 mi) north of Perth, near the town of Northampton in the state of Western Australia. If considered independent, it is an enclave of Australia. It is a regional tourist attraction.〔 The principality was founded on 21 April 1970 by Leonard George Casley, who styles himself as "Prince Leonard", when he and his associates proclaimed their secession from Western Australia. His wife Shirley, styled as "Princess Shirley", died on 7 July 2013. ==History== The Principality of Hutt River was declared an independent province in 1970 by Leonard Casley, in response to a dispute with the government of Western Australia over what the Casley family considered draconian wheat production quotas. The Casley farm had around of wheat ready to harvest when the quotas were issued, which allowed Casley to sell only 1,647 bushels or approximately . Initially, the five families who owned farms at Hutt River banded together to fight the quota, and Casley lodged a protest with the Governor of Western Australia, Sir Douglas Kendrew. The Governor replied "no rectification of our Quota would be allowed". Casley reasoned that as the Governor acts as the Queen's representative, this made Her Majesty liable, in tort, for applying an unlawful imposition as the quota had not yet been passed into law. Casley lodged a claim under the Law of Tort for A$52 million in the belief the claim would force a revision of the quota. Casley also resorted to the law of unjust enrichment and successfully seized government land surrounding his farm which he hoped would increase his quota. Two weeks later, the government introduced a bill into Parliament to "resume" their lands under compulsory acquisition. After approaches to the government to reconsider the acquisition bill failed, Casley and his associates resorted to International Law, which they felt allowed them to secede and declare their independence from the Commonwealth of Australia. Casley has said that he nonetheless remains loyal to Queen Elizabeth II.〔〔(Hutt River Province ) ninemsn Getaway 14 October 2004〕 The Government of Western Australia determined it could do nothing without the intervention of the Commonwealth. The Governor-General of Australia, Sir Paul Hasluck, later stated that it was unconstitutional for the Commonwealth to intervene in the secession.〔 In correspondence with the Governor-General's office, Casley was inadvertently addressed as the "Administrator of the Hutt River Province" which was claimed (via Royal Prerogative as the Queen's representative) to be a legally binding recognition.〔〔It is a Royal Prerogative to recognise a new foreign Government. Under the Principle of Law, when it is under consideration to give such recognition it is specified that the validity of the claim is not relevant; it is the right of the Government to speak for the people it represents that is to be considered. Laws on Royal Prerogative state that no court may inquire into the whys and wherefores of any Royal Prerogative exercised. Precedent cases have ruled that if any recognition is given by a person authorised to do the business of the day who should otherwise have obtained some other authority for the recognition, having failed to do so does not invalidate the recognition so given. The Limitations Act also states that once any recognition is given to a person entitled, then the Statute runs from that fact.〕 After Prime Minister William McMahon threatened him with prosecution for "infringement of territory," Casley styled himself "His Majesty Prince Leonard I of Hutt" to take advantage of the British Treason Act 1495 in which a self-proclaimed monarch could not be guilty of any offence against the rightful ruler and that anyone who interfered with that monarch's duties could be charged with treason.〔("A man's Hutt is his castle" ), ''The Age'', 24 April 2010.〕 The government's recognition of Casley as "Administrator of Hutt River" had inadvertently made the Treason Act applicable and Casley continued to sell his wheat in open defiance of the quota. Although the law in this matter has since changed, the Australian Constitution prevented its retrospectivity and the Australian government has not taken any action against Hutt River since the declaration.〔(Flying the flag for the Waterfront ) ''Northern Territory News'' 18 March 2012〕 Under Australian law, the federal government had two years to respond to Casley's declaration; Casley says that the failure to respond gave the province ''de facto'' autonomy on 21 April 1972. The Western Australian state government can still dispute the secession. In 1976, Australia Post refused to handle Hutt River mail, forcing mail to be redirected via Canada. Following repeated demands by the Australian Taxation Office (ATO) for the payment of taxes, on 2 December 1977 the province officially declared war on Australia. Leonard Casley notified authorities of the cessation of hostilities several days later.〔 The declaration was simply legal maneuvering, Casley wrote to the Governor-General: "Sovereignty is automatic to a country undefeated in a state of war...and if the state of war is not recognized by the other party, once the notice is given then these conventions apply to their relations." Casley believes that he had effectively set a persuasive precedent for international recognition of Hutt River under the Geneva Convention.〔 In 1980, the mail service was restored after a Perth court ruled that Hutt River currency and postage stamps were valid and legal within the principality. In 2013, Casley stated that the ATO sent a new tax demand in 2012 to which he responded with a legal document supporting status as a "foreign national and non-resident of Australia."〔 Hutt River residents are still required to lodge income tax forms but are classed by the ATO as non-residents of Australia for income tax purposes; thus income earned within the province is exempt from Australian taxation.〔(Micronation Master: Prince Leonard of Hutt River ) Bloomberg Businessweek 17 May 2012〕〔〔(The Royal Showman ) ABC News 5 May 2010〕 The province displays ATO documents supporting that no tax is paid but the ATO cannot verify the province's tax status as it cannot by law comment on the affairs of individuals. However, Casley admits to making annual "gifts" to the Shire of Northampton.〔 The province levies its own income tax of 0.5% on financial transactions by foreign companies registered in the province and personal accounts. While the principality maintains it does not pay taxes, the Australian government's current official position is that it is nothing more than a private enterprise operating under a business name. In the early 1980s, the Hutt River Province declared itself to be a kingdom, but soon after reverted to its original status of a principality. The principality proceeded to release a number of its own stamps and coins. In September 2006, Leonard Casley decided to change the name to "Principality of Hutt River" and dropped the word "Province".〔(Micronation renaming ) 〕 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Principality of Hutt River」の詳細全文を読む スポンサード リンク
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