PRAYA RECLAMATION ORDINANCE, 1889

PRAYA RECLAMATION ORDINANCE, 1889

No. 6 of 1889.

An Ordinance to carry out a scheme for the reclamation of
the foreshore opposite the City of Victria.
[1Oth May, 1889.]

WHEREAS the foreshore the Harbour is 1 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 frintage; 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:-

1. This Ordinance may be cited as the Praya Reclamation
Ordinance, 1889.

2. The works authorised by this Ordinance, are declared
to be works for the improvement of the Colony and for a
public purpose within the meaning ot that term as
contained in the Crown leases of lands in the Colony.

3.-(1)Subject to the provisions of this Ordinance, it
shall be lawful for the Governor to carry out the works
authorised by this Ordinance according to the plan and
drawings deposited in the Land Office, signed by the
Surveyor General and countersigned by the Governor and
such plan and drawings shall remain in the office and
shall be open to public inspeciton at convenient hours.

(2) In carrying out the it shall be lawful for the
Governor to deviate in respect of details to any extent that
shall not materially alter or affect the genreal design set
forth in such plan and drawings: Provided that the area
said plan shall not be unnecessarily diminished.

[s. 4, rep. No. 62 of 1911.]


5. The works authorised by this Ordinance comprise the
following:-

(1) the making of an embankment along the harbour
front of the City of Victoria, with all necessary and con-
venient walls, drains, wharves, piers, landing places,
approaches, and other conveniences and works; such

* As amended by Law Rev. Ord., 1923.

















embankment to commence westward at a point upon the
sea-shore opposite Marine Lot No. 188 and marked upon
the said plan, and to terminate eastward at a point opposite
to Murray Pier; the said embankment to be constructed
in whole or in greater part upon the bed or foreshore of the
Harbour ;

(2) the making upon the said embankment, of a public
roadway not less than seventy-five feet wide, and the widen-
ing out of the present Praya roadway to a width of not less
than seventy-five feet, with all necessary and, convenient
approaches to the same; and

(3) the reclaiming and inclosing and filling up of 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.

[s. 6, rep. No. 62 of 1911.]

7. All the land and foreshore and bed of the sea to be
reclaimed under this Ordinance, and all the land occupied
by the present Praya roadway and wall along the line of the
intended reclamation, are hereby declared to be absolutely
the property of the Crown, free from any restriction what-
ever, and the Governor shall have power, subject to the
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 all extent as in the case of other
Crown lands; and all property, estate, rights or supposed
rights, and easements or supposed easements of any persons
or class of persons, whether Crown leaseholders or licensees
or otherwise, to the user or possession or occupation of, in,
over, or in any way in relation to such land, foreshore,
bed of the sea, embankment, reclamation, or Praya roadway
and wall, or in relation to any wharf, landing place, pier,
or other place situate thereupon, are hereby declared to be
absolutely extinguished and detemined.

8. Whereas the Crown lessees or their assigns registered
in the Land Office at the date of the commencement of this
Ordinance in respect of the lots of land or sections thereof
fronting the Praya roadway along the line of the proposed
reclamation (which persons, with their exeuctors, adminis-
trators, and assigns, except where repugnant to the context,






















are hereinafter referred to as the lessees) or the majority of
them, have already declared or signified their readiness to
coutribute towards the cost to be incurred for and in con-
nexion, with the works authorised by this Ordinance,
provided the Governor will grant to them respectively
Crown leases of such equiltable proportion of the proposed
reclamation as may, be available, having regard to public
requirements in respect of the roads and streets to be made
on the land when reclaimed, and in the case of each lessee
having regard to the claims of other lessees ; AND WHEREAS
it has been agreed that, the cost of the sald works shall,
also include a sum not exceeding 5,000 dollars for
preliminary expenses, a sum not exceeding 180,000 dollars
by way of compensation to owners and occupiers of wharves
and piers almig the line of the proposed reclamation, and a
further sum not exceeding 105,000 dollars for the purchase
of a portion of the land in course of reclamation opposite
Marine Lots Nos. 95, 96, 97, 98, and 105:-

(1) A further plan, signed by the Surveyor general and
countersinged by the Governor, showning in detail the portion
of the proposed relcamation assigned to lessees in respect of
the lots of land or sections thereof registered in their names
it the Land Office at the date of the commencement of this
Ordinance, shall be deposited at the said Office, and shall
have annexed thereto a schedule containing a list of the
lessees of such lots of land and sections as aforesaid and the
approximate contribution requird from each of them in
respect of the cost of his portion of the reclamation.

(2) The deposit of such further plan as aforesaid shall be
notified in the Gazette, a copy of the said schedule being
published at the same time, and lessees who are desirous of
entering into the hereafter mentioiled shall, with-
in a period of two months from the date of such notification,
signify respectively in their acceptance of the
portions of the land assigned to them on the said plan and
their intention to enter into an agreement.

(3) On the expiration of two months from the date of such
notification as aforesaid and within a further period of one
month, it shall be lawful for the Governor, if he thinks fit,
to enter into an agreement with the lessees individually who
have signified their acceptance and intention as aforesaid,
such agreement being upon the terms and subjec to the

* As amended by Law Rev. Ord., 1923, and Law Am. Ord., 1923.



















conditions set forth in the form in the Schedule; and the
Governor is hereby empowered to dispose of the reclaimed
land in accordance therewith;

(4) Notwithstanding any such agreement as aforesaid may
have been signed by any lessee, if any error In the quantity
or area of land agreed to be granted is discovered by either
party thereto prior to the granting of a Crown lease of such
land, it shall be lawful for the Governor in Council to rectify
and readjust the same, and to grant a less or greater portion
of land, as the case may be, and to alter accordingly the
lessee's contribution : Provided always that the lessee, if his
Portion of land is diminished, shall have the option, if he so
elects, of cancelling the said and thereupon all
moneys which he may have already paid shall be refunded;

(5) Notwithstanding anything contained in the schedule
to be deposited in the said Office as aforesaid or in any
agreement entered into in pursuance of, this Ordinance, no
lessee shall be liable for more than the actual cost of the
reclamation of the land agreed to be granted to him and of
all works authorised by this Ordinance in connexion there-
with (such actual cost, in case of doubt, to be decided by
Governor in Council), and if such cost exceeds or is less thall
the amount estimated or named in such schechule or any
agreement as aforesaid, the lessee shall bear and pay such
excess or be entitled to the benefit, of such less sum and to a
proportionate refund;

(6) In case any lessee does not signify his acceptance in
the manner and within the times provided in paragraphs (2)
and (3), he shall have no claim to any compensation in
respect of any depreciation of his lot by reason of the said
works, but the Governor may, if he thinks fit, award to him
such a sum of money or such a Crown lease of new land as
he may, in his absolute discretion, think sufficient as and
way of, compensation for any injury that such lessee may have
sustained by the said works.

[(7), (8), rep. No. 62 of 1911.]

9. Except as in this Ordinance provided, no marine lot
holder or other person shal be entitled as against the Crown
to any damages or compensation for the depreciation or
injurious affecting of his property or business caused by, or
resulting either directly or remotely from, any of the said
works.

*The Schedule to this Ordinance was repealed by No. 62 of 1911.









10. Nothing in this Ordinance shall be deemed to recognise
any foreshore rights whatever as against the Crown; nor
shall anything in this Ordinance be deemed to affect any
right or claim as between lessees and their sub-lessees or
tenants inter se.

11-(1) After the completion of the embankment the
Government shall keep and maintain the sea-wall thereof and
all the public roads thereon out of moneys to be provided
from the public revenues.

(2) Except as aforesaid, the Government shall not be
liable for any deterioration, subsidence, or damage of and to
the said embankment.
[Originally No. 16 of 1889. Law Rev. Ord., 1924.] Short title. Works declared to be for public purpose. Power to carry out works of reclamation, and to make deviations. Description of works authorised. Title to reclaimed land, and extinction of private right therein. Cost of works and agreements with lessees for contribution to such cost and acceptance [s. 8 contd.] of portions of reclaimed land. Barring of certain claims against the Crown. Saving as to foreshore rights. Maintenance of sea-wall, road, etc.

[Originally No. 16 of 1889. Law Rev. Ord., 1924.] Short title. Works declared to be for public purpose. Power to carry out works of reclamation, and to make deviations. Description of works authorised. Title to reclaimed land, and extinction of private right therein. Cost of works and agreements with lessees for contribution to such cost and acceptance [s. 8 contd.] of portions of reclaimed land. Barring of certain claims against the Crown. Saving as to foreshore rights. Maintenance of sea-wall, road, etc.

https://oelawhk.lib.hku.hk/items/show/1135

1923

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No. 6 of 1889

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