3318.
MY LORD,
No. 53.
(QUEENBLAND.)
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, 25th March 1875. WE are honoured with your Lordship's commands, signified in Mr. Malcolm's letter of the 10th instant, stating that he was directed by your Lordship to transmit to
us a copy of a despatch from the Governor of Queensland respecting doubts which No. 63, have arisen in that Colony in regard to the jurisdiction of the Local Government under 18 Nov. 1874. Letters Patent of the 30th of May 1872, and Proclamation by the Governor of the Letters Colony, dated 22nd of August 1872 (copies of which were annexed), whereby islands Patent, within 60 miles of the coast of the Colony are brought within the jurisdiction of the 30 May 1872. local Government.
Governor's In regard to the question whether the miles referred to in these instruments are tion, 22 Aug.
proclama- statute or geographical miles, Mr. Malcolm was desired to enclose a copy of a letter 1872. from the Board of Admiralty showing the standard of measurement in which the 1 Mar. 1875. 60 miles' limit was marked by their Lordships' directions on certain charts designed to show the islands comprised within the 60 miles' limit.
As bearing upon other points raised in the present papers, Mr. Malcolm was directed
by your Lordship to transmit to us the enclosed copy of an opinion given by the Law Law Officers' Officers of the Crown upon a question which arose in Bermuda in the year 1862 as to opinion, the point on the coral reefs from which the territorial jurisdiction of that Colony 3 Dec. 1862. seawards should be estimated, and Mr. Malcolm was desired to request that we would take these papers into our consideration and favour your Lordship with our opinion upon each of the points raised in the recent despatch (and enclosures) from the Governor of Queensland.
In obedience to your Lordship's commands we have taken these papers into con- sideration, and have the honour to
Report
1. That Queensland has no legislative authority over the seas beyond the distance
of three marine miles from low-water mark on the mainland and islands respectively.
2. That the miles referred to in the Proclamation are marine miles.
3. That the whole of an island which lies partly within and partly without the
60 miles' limit belongs to the Colony.
4. Land not submerged at ordinary high tides, however small in extent, is an island.
5. Reefs attached to an island and dry at low water are part of the island.
6. Reefs detached from any islands and dry at low water only are not islands.
(Signed)
&c.
The Right Hon. the Earl of Carnarvon,
&c.
&c.
We have, &c.,
RICHARD BAGGALLAY.
JOHN HOLKER.
▲ 12916-59. 25.-19/84.
PUBLIC RECORD OFFICE
חן
CO. 885
Reference :-
12 PUBLIC RECORD OFFICE, LONDON
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