The Evening Star: WITH WHICH ARE INCORPORATED "The Evening News," "The Morning News," and "The Echo." FRIDAY, AUGUST 16, 1878.

Auckland Star, Volume IX, Issue 2609, 17 August 1878, Page 2

The Evening Star: WITH WHICH ARE INCORPORATED "The Evening News," "The Morning News," and "The Echo."

FRIDAY, AUGUST 16, 1878.

For the cause that lacksasslstance, For the yriong that needs resistance. For the future In the distance. And the £ood that we can do

The general dissatisfaction which has been occasioned by the working of-our Harbour Board gives special interest to the Bill brought down by the Government dealing with the whole question of harbour government. " The Harbours Act," introduced into the Legislative Council by Col. Whitmore, is a voluminous measure, containing 234 clauses. If repeals the Provincial Acts, and places harbour administration throughout the colony under one common law, subject, of course, to such local bylaws as the Boards are empowered to make. The constitution of Boards, however is different in each centre, although all follow one general plan, the basis ot which is Government nomineeism, special representation of local bodies, and election. No change is proposed in the formation of the Auckland Board, which will comprise three members nominated by Government, the Chairmen of the Chamber of Commerce, of Ponsonby and Devonport Boards, and Mayor of Parnell; three elected by the City Council, and three elected for two years by persons who have paid two pounds harbour dues during the preceding year, or are owners of any vessels of twenty tons. Existing Boards shall hold-office xintil the second Monday in February, 1880; the" term of nominated members is thres years from the Ist of July, 1878. _ Although no alteration in the constitution of the Board is proposed—and it is hard, perhaps, to suggest one that would ensure a special representation of all the interests affected by harbour administration—there are in the Bill several salutary checks in matters of administration. It is instructive to inquire how widely at variance with the limitations which the Government have deemeditnecessary to place on Harbour Boards in this Bill thepractice oflourownßoardhasbeen. In the matter of private wharves, for example, the Act prescribes that where no Harbour Board exists the Go vernor-in-Council may authorise any local governing body, or any person to construct wharves, but in no case shall such rights be granted for more than fourteen years, and may be at any time altered, modified, or revoked, and the privilege withdrawn without compensation by notice not exceeding twelve months. Under such circumstances the person affected would have the right to remove the materials. The care with which riparian rights are guarded is conspicuous, and stands in marked contrast to the reckless alienation by the Auckland Harbour Board of 100 feet of the foreshore, opposite the allotments west of Nelson-street, as a mere appendage to the leases. Clause 147 provides that " no part of the shore of the sea, or of any creek, or navigable river, where the tide flows and reflows, nor any land under the sea, except as may have been already authorised under any Act or Ordnance, shall be leased, conveyed, granted, or disposed of to any Harbour Board or any other body (whether incorporated or not) or to any person without the special sanction of an Act of the General Assembly." Clause 154 provides that "noHarbour Board or'person shall, under penaltyof £100, commence any harbour work or place "any pile or other straitrue across tidal lands, or a tidal water, or in the bed of the harbour without the

sanction of the Governor-in-Councili" Before commencing such work, plans ;must?be deposited at -the,office of the Marine Department in order that inquiry may „be made to ascertain whether it will tend' to injure navigation." When such permission has been obtained the person Avill^be relieved from liability to indictment for riuisauce. Upon the question of leasing, the Act places a check upon that dispositiorr to make away with the public estate for long periods, fwhich has been developed by the Aucklkud Board in dealing with harbour endowments.The Act would put an effectual stop to 66 and 99 years' leases, by limiting the powers of leasing vested in the Board to a term not exceeding forty-two years. In view of this provision of the Act, which will probably pass through Parliament this session, and come into force on the first of January next, we would again urge the Board to reduce tho proposed term of lease on Queen-street reclamation. It is no advisable to accept the 21 years term, with compensation clause, as involving the Board in indefinite responsibilities for building speculation over which they could exercise no control; but the term of forty-two_years, without a compensation clause, is the extreme period foi which the Board should alienate cur harbour frontages in so limited a market. Such an amount of land, forced at once into the market, cannot realise its real value. In twenty years the conditions will be very much changed ; in 42 years the site and buildings may have been sold over and over again at a profit to the lessees, and reverting, with its improved value, to trust will render it one of the wealthiest corporations in the colony, possessing the means to enter upon those larger harbour works which, it is not too sanguine to believe, will be required to meet the trade of the port forty years hence. The new bill provides that all reclamations shall immediately come under the control of the local Governing body, which shall have power to take land for streets. The Government may also resume possession of land granted to Boards, for railways or other works of public utility. By-laws made by the Boards are subject to the approval of the Governor who has power to revoke them within six months, during which time they may be operative and nothing done under them shall be invalidated. Boards or other persons with or without their sanction, are absolutely prohibited from constructing works on tidal lands without first submitting the plan to the Marine Department to examine whether such work will be an obstruction to navigation. Pilots and harbour officers are to be appointed by the Board, which is also authorised to examine masters for exemption certificates, to be issued on payment of two guineas. In event of neglect or refusal to examine, a captain may appeal to the Minister of Marine. The Board _is bound to provide accommodation, including sheds torcustom-houseofficers,free. Yachts whaling sbips, and vessels in distress or detained by stress of weather, are freed from harbour dues. It is impossible, with a Bill of this compass, to give any detailed synopsis of its - provisions. The administration of harbour affairs, with the restrictions we have indicated, is entirely vested in the local Boards, where such bodies have been called into existence. The Bill appears to be comprehensive and T.reUconsidered, and a vast advance on the incomplete and disjointed legislation under which harbour administration is now carried on. The Act repeals and supersedes, in whole or in part, no less than 36 other statutes.