The Colonial Government is not aware that such a right has ever been conferred. It is true that upon representation by the Military Authorities, the defence requirements of certain batteries rendered further building in certain localities most undesirable.
It may be contended that in agreeing to permit the erection of such buildings, the Colonial Government conferred a sort of negative easement on the Military Authorities in respect of Crown lands, but that is not a right of user, much less a right of perpetual user.
On the contrary, it would appear that it was intended that if, at any later date, the defence requirements no longer necessitated the stoppage of building operations, the restrictions against building should cease.
It appears to this Government that the Military Authorities have lost sight of the distinction between Colonial Military lands proper and land which is referred to generally as the Military Reserve.
Having stated the views on the subject, I should be obliged if the Military Authorities would similarly place on record the grounds on which they claim a right of perpetual user over the whole of the land referred to as the "Military Reserve."
I have already, as I informed Your Excellency in letter No. 136/2 of the 10th November, referred the question to the Secretary of State for Colonies, but have not yet received a reply to my dispatch.
I have, etc.,
William Robinson,
Major-General W. Black, R.A.