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to consult the Naval and Military Commanders.
5.
123
The prevention of the sale of private lands appears
to me however to offer very serious difficulties, unless the areas subject to such restrictions are of very limited extent, and even so the following points arise for consideration:-
(a).
Such legislation could not be made retrospective, without incurring a claim of unknown magnitude for compensation for the private rights invaded, and since (with the exception of the majori- -ty of the steep hillsides) the greater part of the land in the Colony is in private ownership on leases running for 150 years (in some cases for 999 years) it would seem that the legislation would not be very effective. On the other hand the Government might perhaps by legisla- -tion compel omers to privately inform the Government of any intended sale of land falling within defined areas, with a view to resumption if the sale were considered to endanger the defences, but it is hardly necessary for me to point out the many difficulties of such action including a financial obligation (unless the land were acquired and paid for by the Military Authorities) which in the present conditions of the Colony it would be difficult to accept.
(b).
If land were acquired within an aree included under the restrictions by a firm ostensibly British, it would be difficult to impose any restrictions as to the purchase of shares by foreigners or even to ascertain precisely the ownership of the shares and the exact point at which it ceased to be British. This may perhaps be met by certain specific enactments as to the domicile of the Directors, etc., but the matter is not free from difficulty.
6.
In these circumstances before replying to the
Secretary of State's despatch, and in order that I may be in a position
to discuss the question from a practical point of view I have the
honour to request that you will lay the matter before the Local
Defence Committee, so that I may also have the benefit of the Naval
opinion. If the Committee is of opinion that it is sufficient that the proposed legislation should be limited to certain specified areas which are contiguous to or command any battery or other defensible works, together with certain specified fore-shores, I will further consider
2
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