765
12. Nothing in this Ordinance shall be deemed to Foreshore recognise any foreshore rights whatever against the rights not Crown, or be in derogation of any of the powers or rights recognised.
Saving of rights of the Crown.
of the Crown.
13. Nothing in this Ordinance shall be deemed to Saving of authorise the construction of any works within or inter- Admiralty fering with the Admiralty works authorised by the Naval rights.
No. 8 of 1906. and Military Works Ordinance, 1906, without the previous consent of His Majesty's Lords Commissioners of the Admiralty.
Objects and Reasons.
1. Some of the extensive reclamations and Govern- ment pier constructions carried out in the past have been undertaken under statutory authority such as the Praya Reclamation Ordinance, 1889, the Piers Ordinance, 1899, the Foreshores and Sea Bed Ordinance, 1901, the Harbour or Refuge Ordinance, 1909, and the Praya East Reclama- tion Ordinance, 1921. The decision to construct piers in connection with the proposed establishment of a Ferry Service for vehicles as well as passengers, which has been recently authorised by resolution in the Legislative Council, renders it desirable to make statutory provision for such work as well as for other public works affecting the foreshore and sea bed. Section 2 (1) of this Ordi- nance is derived from section 3 of Ordinance No. 15 of 1901 and sections 2 and 6 of Ordinance No. 39 of 1909. Sec- tion 2 (2) gives particulars of the general nature of the works contemplated. Section 2 (8) is derived from section: 2 of Ordinance No. 17 of 1921, Section 2 (4) provides for notification in the Gazette, except for works, such as the harbour pipe linc validated by section 4.
2. Section 5 (1) of this Ordinance, which is based ou section 74 of the Harbours, Docks and Piers Clauses Act, 1847, (10 & 11 Vict, 27), is designed for the protection of such works, and is considered especially necessary for the protection of the Harbour pipe line specified in section 2 (2) (i). The proviso to section 74 of the Act of 1847 is omitted as pilotage is not compulsory in the Colony (e.ƒ. Ordinance No. 11 of 1930, ss. 11 and 28). Section 5 (2) provides for claims and other proceedings by the Govern- ment under this section being brought in the name of the Attorney General. (cf. Ordinance No. 10 of 1899, 17 (7), and Section 5 (3) makes it clear that proceedings in rem cannot be taken against a British or foreign man of war (V. 1 Halsbury paragraphs 121, 122).
3. Sections 3, 4, 6, 7, 9, 10 and 12 of this Ordinance are based on sections 5, 7, 8, 10, 13, 11 and 9 respect- ively of Ordinance No. 39 of 1909, with this important distinction that section 8 (which is derived from section 12 of Ordinance No. 39 of 1909 and from section 3 of Ordinance No. 15 of 1901 as amended in 1932) and section 1 of this Ordinance, unlike section 12 of the 1909 Ordinance make it clear that claimants must prove their rights to compeusation independently of this Ordinance before it can be awarded under this Ordinance.
4. Section 13 saves the rights of the Admiralty in respect of the Naval Yard area (v. Dispatch No. 130 from. the Secretary of State, dated 7.5.32).
July, 1932.
C. G. ALABASTER,
Attorney General.