CO129-537-6 Foreshores and Sea Bed Amendment Ordinance 1932 18-8-1932 - 17-1-1933 — Page 35

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2.

the sea, and owners of other demised portions of

the Colony near to but not having actual abuttal

on such foreshores and seabed had grouped them-

selves with the before mentioned owners.

(6) Care had been taken in various Ordinances

relating to reclamation and other works affecting

the Crown foreshores and seabed to insert

saving clauses as to the Crown rights, e.g. sec.

10 of the Praya Reclamation Ordinance, 1889,

(No.6 of 1889) "Nothing in this Ordinance shall

be deemed to recognise any foreshore rights

whatever against the Crown".

The situation before mentioned was dealt with

as appears in the said Ordinance No.15 of 1901.

Such Ordinance has recently been amended by the

Foreshores and Sea Bed Amendment Ordinance, 1932.

This

3.

The question has been asked whether in making

the substitution, effected by the before mentioned

amending Ordinance, of compensation for the former

power of obstruction in the case of Crown lessees

with special rights of sea access; it was intended

that the power of obstruction in the case of grants

by the Crown of rights of erecting and maintaining

piers or wharves be at the same time taken away

without compensation as in the former case.

question is dealt with in the following paragraphs.

In no case has resort been made to the

procedure laid down in the Foreshores and Seabed Ordinance in respect of the so called Pier Leases nor

can such resort be had, see sec. 5 of Ordinance No.15

of 1901; these have been regarded as grants or

leases of an incorporeal hereditament, viz. the right

of erecting and maintaining a pier on or over Crown

foreshore

4.

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