THE BIRD ISLAND OUTFALL.

Evening Star, Issue 12162, 5 April 1904, Page 7

THE BIRD ISLAND OUTFALL.

THE CROWN THREATENS ACTION. The following correspondence, which explains itself, will he considered at this evening's meeting of the Drainage Board: March 51, 1904. Messrs Mondy, Sim, and Stephens. —Dunedin Drainage aud Sewerage Board.— Dear sirs,—Notwithstanding the tenor of miut letter of the 18th inst., your clients nave resumed operations below high-water mark on the beach between Bird Island and the mainland, and work was so being carried on there last week. lam now instructed to inform your clients that a notice to remove all obstructions below highwater mark at this point, in accordance with the provisions of section 155 of the Harbors Act, 1878. has been signed by the Minister. I have no authority to modify in any way the effect and operation of this notice, but I feel afc liberty to state that if any work of any description whatever is proceeded with at this point between high and low-water mark tho whole of the Board's unauthorised works and structurea will certainly be at once removed at the expense of the Board. As these works may still form part of tho drainage scheme in the event of the Minister giving his assent to this outfall, the waste of pubho moneys is to be deplored. Ihe responsibility for "such waste must rest upon the shoulders of the Board for denying the prerogative rights of the Crown and adopting an aggressive forward policy at a time when inaction would appear to bo the only prudent course open to the Board. The demands of the Crown'have been most reasonable, and the Board could surely have waited patiently for the Minister's decision. If I receive an absolute assurance, under the hand of tho chairman of the Board, that no work whatever will be proceeded with ou the foreshore between Bird Island and the mainland. I will submit for the Minister's consideration an application that I may be allowed to hold the notice in question over—Your* faithfully, Jorc\ F. M. Fraser. Crown Solicitor. 31st March, 1904. J. F. M. Eraser, Esq., Crown Solicitor. Dunedin. —Dunedin Drainage and Sewerage Board.— Dear Sir,—We have seen the chairman of the Board with reference to vour letter of even date, and he has us to repeat what we have already stated in our letter to you dated 18th inst,—viz., "that since the secretary's telegram of the 29th February last to the secretary of the Marine Department no work of "any kind has been done by the Drainage Board below high-water mark at Tomahawk Beach, and that the Board have no intention at present of doing any work below high-water mark." This should bs a sufficient assurance for all purposes. The chairman sees no necessity for givine his personal assurance in the matter.—Yours faithfully, MOXDT, Sill, ANT) StEPITEN'S.