CO885-(11-13) — Page 712

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PUBLIC RECORD OFFICE

Reference :-

C.O.885

13 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

boundary of South Australia; and that doubts were entertained whether the powers conferred by the Act 5 & 6 Victoria, chapter 76, enabled Her Majesty to attach that piece of territory to an existing Colony, viz., South Australia; and that Mr. Bramston was to refer us to a report of the Law Officers on the subject, dated 28th September 1859.

That accordingly in 1861 the Act 24 & 25 Victoria, chapter 44, was passed, which by the first section expressly attached the last-mentioned piece of territory to South Australia.

That the second section of that Aot (the preamble of which recited the Acts 5 & 6 Vietoria, chapter 76, and 18 & 19 Victoria, chapter 54,) empowered Her Majesty to annex to any Colony which "is now or may hereafter be established on the continent of Australia" any territories which, in the exercise of the powers therein- before mentioned, might have been erected into a separate Colony; and to reserve power to revoke such Letters Patent, and to again exercise the same powers as if the said Letters Patent had not been made; and that the sixth section provided for the apportionment of the public debt, “in the event of any territory being hereafter separated from any Australian Colony, and either erected into a separate Colony i or annexed to any other Colony."

That Letters Patent were accordingly issued on the 13th of March 1862, annexing to Queensland so much of New South Wales, north of the 26th degree of south latitude, as lay between the 188th and 141st degrees of East longitude; and that on the 6th of July 1863 other Letters Patent were issued annexing to South Australia so much of New South Wales, north of the 26th degree, as lay between the 129th and 138th degrees of East longitude. That both instruments reserved power to Her Majesty, Her heirs, and successors to revoke, alter, or amend the same.

That a map of Australia was sent therewith which might be convenient for reference.

That the Commissions of Governors since Sir Charles Fitzroy contained substantially the same boundaries, but, according to their dates, excepted therefrom the province

of South Australia, the Colony of Victoria, and the Colony of Queensland, or such of those as had obtained a separate existence.

That Mr. Bramston was to request that we would take those papers into considera- tion and favour your Lordship with our opinion.

1. Whether Her Majesty had at the present time, having regard to the various Acts of Parliament above referred to, a prerogative power of dividing, by Letters Patent, that portion of her dominions which formed the Colony of Queensland?

2. If so, whether she might legally exercise such power without the assent of the Legislature of the Colony?

3. If not, whether the language of the Acts 5 & 6 Victoria, chapter 76, 13 & 14 Victoria, chapter 59, 18 & 19 Victoria, ohapter 54, and 24 & 25 Victoria, chapter 44, conferred upon Her Majesty a statutory power of issuing Letters Patent for the purpose of dividing the Colony of Queensland?

That Mr. Bramston was also to request that we would be good enough to advise your Lordship generally as to the proper procedure for dividing the Colony, should such a step be thought advisable.

In obedience to your Lordship's commands we have the honour to

Report

1 and 2. That Her Majesty having, under statutory powers, erected the territories comprised within the Colony of Queensland into a separate Colony with a representa- tive legislature, we are of opinion that she has not, at the present time, any prerogative power of dividing, by Letters Patent, that portion of her dominions which is comprised in that Colony, either with or without the consent of the Legislature of the Colony.

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3. We are of opinion that none of the Acts referred to confer upon Her Majesty statutory power of issuing Letters Patent for the purpose of dividing the Colony of Queensland. As the Act 5 & 6 Victoria, chapter 76, seems not to have been drawn to the attention of our predecessors before writing their Report of 29th July 1885, we may add that, in our opinion, the 51st section of that Act (even if now in force) gives no power again to divide a "separate Colony" when once formed out of the territories of New South Wales.

With regard to the proper procedure for dividing the Colony we agree with the advice given by the Law Officers in their Report of 29th July 1885, and have nothing to add to it.

The Right Hon. Earl Granville, K.G.,

&c.

&c.

&c.

We have, &c., (Signed)

C. RUSSELL. HORACE DAVEY.