556
in vested in the Crown represented by "the Colonial Government but of which "The other department has a right of perpetual uver
User I.
#
answer, if any,
the General.
now asked what
I advise sending to
I should acknowledge the
al that
letter and inform the General the view entertained by the Colonial Government is that, in the
in the case of Lands the fee simple of which is vested in the Crown represented by the Colonial Government, it lies upon those who
dain
right of perpetual
ever" whereof to show how and when such right was acquired.
of the land
In the
to
Aut Fra
the case
cose referred
"Military Reserve" the Colonial Government
is not aware that such a
been conferred.
the
L
right
has ever
It is true that upon representations Military Authorities that the defence requirements of certain Batteries
by
rendered
(
rendered further building in certain Localities most undesirable, the Colonial Government agreed not to allow such buildings.
It may
be contended that, in
Government
doing, the Colonial Government conferred a sort of "negative"
#
tive easement upon
the Military Authorities in respect of such lands, but that is not a right of "ever"
much less a right of perpetual ever!
C
It would rather seem that it
+
was intended that if, at
any
later time, the defence requirements no longer necessitated the stoppage of building operations the "negative"
easement if it existed should lapse.
It appears to the Colonial Government that the distinction between Colonial Military Lands proper and land which is referred to generally as "Military Reserve" has been lost sight of by the Military Authorities.
The Colonial Government having
thus