4
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
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 (3) 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 line validated by section 4.
2. Section 5 (1) of this Ordinance, which is based on 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 (c.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, s. 17 (7).
3. Sections 3, 4, 6, 7, 8, 9, 10 and 12 of this Ordinance are based on sections 5, 7, 8, 10, 12, 13, 11 and 9 respec- tively of Ordinance No. 39 of 1909, with this important distinction that sections 8 and 11 of this Ordinance, unlike section 12 of the 1909 Ordinance makes it clear that claimants must prove their rights to compensation inde- pendently of this Ordinance before it can be awarded under this Ordinance,
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18
END
September, 1931.
C. G. ALABASTER,
Attorney General.