CO129-238 - Governor Des Voeus - 1888 [7-8] — Page 444

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Draft Reclamation Ordinance.

WHEREAS the foreshore of the Harbour of Victoria

is in process of silting up to the detriment of the health and commerce of the Colony, and it is expedient to put a stop to such process and to provide a deep water frontage; and whereas the area of level land for building and for roads and quays and open spaces along the sea front of the City of Victoria is insufficient to meet the growing wants of the Colony, and it is expedient to enlarge the same: Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows !---

1. The works unthorized by this Ordinance and all works for the effectual and convenient carrying out of the same are declared to be works for a "public purpose" within the meaning of that term as contained in the Crown leases of lands in the Colony.

2. Subject to the provisions and for the purposes of this Ordinance, it shall be lawful for the Governor to carry out the works authorized by this Ordinance according to the plans and drawings signed by the Surveyor General, counter- signed by the Governor and now deposited in the Land Office, and such plans and drawings shall remain in the said Office and shall be open to public inspection at convenient bours.

In carrying out the works it shall be lawful for the Governor to deviate in respect of details to any extent that shall not materially alter or affect the general design set forth in such plans and drawings.

3. The works authorized by this Ordinance comprise the following, that is to say:

(a.) The making of an embankment along the harbour front of the City of Victoria with all necessary and convenient walls, drains, wharves, piers, landing places, approaches and other conveniences and works; such embankment to commence Westward at a point upon the sea-shore opposite the Gas Works, and to terminate Eastward at a point oppo- site to Murray Pier; the said embankment to he constructed in whole or in greater part upon the bed or foreshore of the harbour.

(b.) The making upon the said embankment of a public marine road-way not less than seventy-five feet, and the widening out of the present Prays road-way to a width of not less than sixty-ve feet, with all necessary and convenient approaches

to the same.

(c.) The reclaiming and enclosing and filling up so much of the foreshore and bed of the Harbour as lies between the present Praya Wall and the intended embankment, to such heights and levels as may be determined by the Governor.

4. For the purpose of effecting the works authorized by this Ordinance it shall be lawful for the Governor to remove, destroy, alter, divert, stop up, or enclose such streets, drains, void ground, wharves, piers, landing places, and other things as shall in the judgment of the Governor be necessary to be done for the purposes of this Ordinance.

5. All the land and foreshore and bed of the sea to be reclaimed under this Ordinance, and all the land occupied by the present Prays along the line of the intended recls- mation, shall be deemed to be absolutely the property of the Crown, free from any restriction whatever, and the Gov- ernor shall have power, subject to the special provisions of this Ordinance, to deal with the same and to dispose of the same for building or any other purpose in the same way and to as full an extent as in the case of other Crown lands; and all property, estate, rights or supposed rights and ease- ments or supposed easements of any persons or class of persons, whether Crown leaseholders or licensees or other- wise, to the user or possession or occupation of, in, over or in any way in relation to such land, foreshore, bed of the ses embankment, reclamation or praya, or in relation to any wharf, landing place, pier or other place, situate thereupon, are hereby declared to be absolutely extinguished and

determined.

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6. Whereas the persons whose names are contained in Schedule A to this Ordinance being respectively the regis tered Crown leaseholders of the lots specified in the said Schedule, bave declared their readiness to contribute for the purposes of the works authorized by this Ordinance, the sums of money set out in the said Schedule, provided that the Governor will grant to them respectively Crown leases of such portions of the proposed reclamation as are delineated and marked with their respective names and coloured red upon the plans now deposited in the Land Office, and have respectively declared themselves willing to enter into agreements with the Government to carry out such arrangements, which agreements are in the form and terns set out in Schedule B to this Ordinance, it is hereby provided that it shall be lawful for the Governor to enter into and carry out such agreements and to dispose of the reclaimed land in accordance therewith.

All Crown leaseholders of lots fronting upon the present praya between the eastern and western limits mentioned in this Ordinance who have not already declared their willingness to enter into agreements, as in Schedules A and B set forth, to contribute for the purposes of the works shall have the option of eutering into such agreements at any time within 3 months of the passing of this Ordinance, and such of the said Crown leaseholders as do enter into such agreements shall be entitled to receive in respect of their contributions as specified in Schedule C to this Or- dinance Crown leases of such portions of the proposed re- clamation as are delineated and marked with the numbers

of their respective lots and painted yellow upon the plans now deposited in the Land Office; and it shall be lawful for the Governor to enter into and carry out such agreements, and to dispose of the reclaimed land in accordance there- with.

So much of the cost of the works authorized by this Ordinance as is not covered by the amounts contributed under the agreements referred to in this Section shall be provided out of the public revenues.

7. Except as in this Ordinance provided, no marine lot- holder or other person shall be entitled to any damages or compensation for the depreciation or injurious affecting of bis property or business caused by, or resulting either directly or remotely, from any of the works authorized by this Or- dinance.

8. From and after the completion of the embankment authorized by this Ordinance, the Governor shall keep and maintain the same out of monies to be provided from the public revenues.

Name of Registered Crown Leaseholder.

SCHEDULES.

(A.)

Registered Number of Marine Lot.

Amount of Contribution.

441