СОРУ.
1.
Hon. Colonial Secretary,
C. O.
0229
83
It seems to me that the better course
would be for the Secretary of State to disallow Ordinance 11 of
1902; for its provisions appear to be unnecessary.
Section 8 of 21 of 1901 only assumes to
give the Governor power which he always possessed. It did not
require section 3 of 21 of 1901 to invest the Governor with
power to grant Crown Leases of foreshore and sea-bed. He could
without that Ordinance always grant such leases, as he "con-
sidered expedient to be granted", whether for reclamation or
any other purposes.
The first proviso of section & merely in
effect declares that a practice which theretofore had been fol-
lowed should be observed. Again there was no necessity for any
such legislative enactment, the only effect of which is to
hamper the Crown in dealing with its own property.
The mode in which the Crown should pro-
ceed to dispose of its property should have been left to
executive direction. The second proviso was quite unnecessary
and is of no effect for there is nothing in the section (3 of
21 of 1901) which in any was derogates from any persons right
of access to the sea. Such rights where they do exist are
quite unaffected by the section, for as I have pointed out it
No comments yet.
Private notes are available after approval.