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also some, called temporary piers, that are held on annual
The history of the leasing of the
licence from the Government.
permanent piers is important, for it is the matter of these
leases that has largely given rise to the present problem, as
will be gathered from the mention of them in the terms of
reference.
(28)
Prior to 1899 such piers as were in existence were let
on varying conditions but in that year it was decided to grant
pier leases for a term of 50 years ending on the 31st of December, 1949. Leases granted after 1899 were made to expire
on the same date. The leases gave the right to the lessees of
erecting and maintaining piers in, upon, over, across and
above the Crown foreshore and Crown land covered with water,
subject to the payment of a rent and to the observance by the
lessees of all the provisions of the Piers Ordinance, 1899, and
of any Ordinance at any time thereafter amending or substituted
for the same and also the observance of any regulations then
made or thereafter to be made by the Governor in Council, under
Section 15 of the said Piers Ordinance, 1899.
(29) The rent was based on the extent of the encroachment
made by the piers, and a schedule of annual rents was drawn up, the figures varying from $120 for an encroachment of 500 square feet or less to $1,200 for an encroachment of over 10,000 square
feet. This scale applied to sites in the City of Victoria;
in any other place the scale was one half of those amounts.
term "Permanent Pier is applied to piers erected under such
leases.
(30)
The
There is no condition in the leases giving the lessees
the right or any expectation of a renewal of them, and the
piers at the termination of the leases thus become the property
of the Government.
(31)
There are two Reports in existence touching on the
matter. The first is dated 29th August, 1922, and is signed