A 60-year-old man living in a caravan in outback Western Australia is facing legal action and fines of up to $50,000 from his local council after erecting a shade structure without a building permit.
It is the latest incident in a four-year standoff between the Shire of Menzies and Roland Gopel, who says the steel-framed structure shelters his leaky caravan from scorching summer temperatures of close to 50 degrees Celsius.
Mr Gopel left behind high rental prices in the metropolitan area in 2015 to live in a friend's caravan on land he purchased for $4,500 on a hill overlooking Menzies, 730 kilometres north-east of Perth.
There are no sewerage services, electricity, or water connections to his land.
But Mr Gopel's off-the-grid lifestyle — he has installed his own solar power, internet, and water supply — has regularly clashed with local government regulations.
'This is Australia', says resident
Last year, Mr Gopel was convicted in the Leonora Magistrate's Court of camping illegally, in breach of the Caravan Parks and Camping Grounds Act, and fined $4,000.
The long-haired, bearded battler has refused to pay because he believes nobody has the right to tell him what he can do on his own property.
Mr Gopel found himself back in hot water with the Shire of Menzies in September after erecting the shade structure without a building permit.
He is refusing to take it down, despite warnings from the council that he has breached the Building Act 2011 and could face fines of up to $50,000.
"There is no council that can stop us from doing peaceful things like putting shade up … I mean, this is Australia," Mr Gopel told the ABC.
"Last summer I lived through 47 degrees inside the caravan and I'm not doing that again.
"This is my health I'm talking about.
"I'm not going to stop them from inhibiting me while tending to my own health."
Council deadline has passed
In a letter dated September 16, six days after council officers carried out an inspection, Shire of Menzies CEO Peter Money advised Mr Gopel to remove the structure within 30 days "otherwise the shire is obligated to take legal action".
But Mr Gopel missed the October 16 deadline and said he was not worried by the threat of more legal action.
"What are they going to do? Shoot me?" he said.
"They're going to have to shoot me dead to get me off my property."
In a report to council, Mr Money said the shire had no choice but to follow the Building Act to the letter and recommended taking further legal action.
"It is important to note that the council does not have the discretion to grant the subject person any deviation from the legislation except perhaps to delay the issuing of the building order," Mr Money said.
"A decision to delay the issue of a building order could be justified due to the Christmas holiday season approaching and many agencies and businesses closing for a period of time.
"The Building Act is State Government legislation and the local government is compelled by the state to impose the legislation according to the letter of the legislation."
Menzies Shire councillors will discuss what action to take at a meeting on Thursday.
