552
This minute dated 18th September, 1891 says as follows:-
"The only question raised by Mr. Browne is as to the right of Government to excavate sites or to quarry stone in this Military Reserve subject to the proviso that the stability of the fort is not endangered.
There can be no doubt, I think, that subject to the efficiency of the defence being also unaffected thereby in other ways - both of which conditions should be determined by the Military Authorities - the right does exist.
The above extract from General Barker's minute defines, I think, very clearly the nature and the limit of the rights of the Military Authorities in respect of the Military Reserve, and shows that the possession and control of the land in the Reserve remains vested in the Colonial Government and that the only restriction imposed upon the Government is that it should not permit anything to be done which would impair the efficiency of the defences.
Such being a rough outline of the main facts connected with the creation of this Reserve, I now proceed to deal with the contention of the Military Authorities that the land near the Forts recently released by them from restrictions ought to be valued under the terms of the Secretary of State's Circular despatch of the 30th September, 1894, and its value credited to the War Department.
Now the whole of that contention turns upon the meaning of the words "Colonial Lands and Buildings," which are defined in the above dispatch to be "lands the fee simple of which is vested in the Colonial Government".