CO885-(13-15) — Page 118

11,537.

No. 152.

(WESTERN AUSTralia.)

PUBLIC RECORD OFFICE

6T

Reference :-

TLC.O.885

| | | | |

13 PUBLIC RECORD OFFICE, LONDON

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

LAW OFFICERS to COLONIAL OFFICE. MY LORD,

We were honoured with your Lordship's commands, signified in Mr. Bramston's

Royal Courts of Justice, June 7, 1889. letter of the 13th April last, stating that it would be seen from the accompanying copy of Letters Patent, dated 17th November 1877, that the Colony of Western Australia was defined as "extending from the parallel of 13° 30′ south latitude to West Cape Howe in the parallel of 35° 8' south latitude, and from the Hartogs Island on the Western Coast in longitude 112° 52′ to 129° of east longitude, including all the islanda adjacent in the Indian and Southern Oceans within the latitudes aforesaid and the longitudes aforesaid." That a map showing those boundaries by a dotted line was

44

M

annexed.

That in 1886 a question arose as to the possibility of granting lease or licenses over portions of the bed of the sea within the above limits for the purpose of raising pearl shell from them, and as to the mode of controlling the operations of vessels engaged in the pearl fishery; and that it would be seen from their Report of 4th August 1886,* that the Law Officers were then of opinion that it was not competent to Her Majesty to assume possession of the bed of the sea beyond the three-mile limit, and that to obtain control over vessels engaged in the pearl fishery they suggested legislation under 48 & 49 Victoria, chapter 60, section 15 (c.)

That in 1887 the Governor raised further questions as to the meaning of “ territorial waters "in the above-mentioned section, and that Mr. Bramston was to enclose for reference a copy of the Report with which we favoured your Lordship on the 18th of March 1887,† and to draw our attention to the last sentence of that Report.

That in 1888 questions again arose in connexion with the pearl fishery, and as to the application of a local Act to vessels fishing wholly within the three-mile limit, to vessels fishing partly within and partly outside that limit, and to vessels fishing wholly outside the three-mile limit.

That we advised your Lordship on August 10, 1888, that the Act would apply to the first two classes of vessels but not to the third class. That a copy of that Report was enclosed, together with a copy of the despatch, dated 18th August, which was there- upon addressed to the Governor, in which it would be seen that it was stated in general terms that if it was necessary to regulate the pearl shell fishery as carried on beyond the territorial limit; it would be necessary to have recourse to the Federal Council.

That the Federal Council of Australasia in February 1889 passed the accompanying Bill to regulate the Pearl Shell and Béche de Mer Fisheries in Australasian Waters adjacent to the Colony of Western Australia," which, in accordance with 48 & 49 Victoria, section 15, last paragraph, had been reserved for the signification of Her Majesty's pleasure, and that it was upon that Bill that your Lordship now desired to receive our advice.

That the Bill (clause 3 and schedule) applied to all waters within the same latitudes and longitudes as were specified in the above-mentioned Letters l'atent in describing the boundaries of the Colony of Western Australia, exclusive of waters within the territorial jurisdiction of the Colony; and that the question arose whether that area of sea might be hold to be Australasian waters within the meaning of 48 & 49 Victoria, chapter 60, section 15 (c.) That it would be observed that it extended to more than 600 miles at its widest part, but that on the other hand the whole of it was nearer to Western Australia than to any other land; and that it was of course nost important not to question the legislative jurisdiction of the Federal Council except on the strongest grounds.

That a similar Act relating to Australasian waters adjacent to the Colony of Queensland (of which a copy was enclosed) was passed by the Federal Council in 1889, and assented to by Her Majesty. That it would be seen that in' that case also the schedule to the Act corresponded with the limits laid down in the Letters Patent dated the 10th of October 1878.

That copies of the West Australian Acts included in the definition of Shell Fishery Acts" in clause 3 of the Bill were also enclosed, and that it would be The Pearl

+1

* No. 73.

A

57014.-21. 23.—6¡89.

† No. 87.

‡ No. 127.