The Colonial Government is not aware that such a right has ever been conferred. It is true that upon representation by the Military Authorities, the defence requirements of certain batteries rendered further building in certain localities most undesirable.
It may be contended that in agreeing to permit the erection of such buildings, the Colonial Government conferred a sort of negative easement on the Military Authorities in respect of Crown lands, but that is not a right of user, much less a right of perpetual user.
On the contrary, it would appear that it was intended that if, at any later date, the defence requirements no longer necessitated the stoppage of building operations, the restrictions against building should cease.
It appears to this Government that the Military Authorities have lost sight of the distinction between Colonial Military lands proper and land which is referred to generally as the Military Reserve.
Having stated the views on the subject, I should be obliged if the Military Authorities would similarly place on record the grounds on which they claim a right of perpetual user over the whole of the land referred to as the "Military Reserve."
I have already, as I informed Your Excellency in letter No. 136/2 of the 10th November, referred the question to the Secretary of State for Colonies, but have not yet received a reply to my dispatch.
I have, etc.,
William Robinson,
Major-General W. Black, R.A.
The Colonial Government is not aware that such a right has ever been con -ferred. It is true that upon represi... The Military
Authorities.
Jation
by that the defence requirements of certain batteries rendered further building in certain localities most under rable.
teed not
agreed
the Colonial Government ag to permit the erection of such buildings
It may
20
doing
may be contended that in the Colonial Government conferred
eavement
прог Authoritice in respect of
a sort of negative the Military Authoritice
ench lands, but that is not a right
τι
asdtr.
On the corp
of user" much less a right of perpetual
otary it would appear that it was intended that if, at an
any later date, the defence requirementi
200
longer newssitated the stoppage of -building operations, the restrictions
against building should cease.
It appears to this Government that the Military Authorities have lost
sight
547
sight of the distinction behien Co. Zonial Military lands proper and land which is referred to generally as the Military
Reverse.
Staving the stated the vicios on the subject,
sent on
of this Government
I should be obliged if the Military Authorities would similarly place cu
rounds on which they
record the
grounds
claim a right of perpetual ever over the whole of the land referred & ar The "Military
Reserve."
my
I have already, as I u
w I informed Your Excellency Zetter Ni 136/2 of the 10th November, referred the quest. ion to the Secretary of State for Colonies, but have not yet received
This Excellency.
reply to my
my dispatch.
I have yo
Ke
Je William Robison.
-Major éjeneral IV. Black, B.
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