§ Nothing in this Act affects prejudicially any estate, right, power, privilege, or exemption of the Crown and in particular nothing herein contained authorises the Commissioners to take, use, or in any manner interfere with any portion of the shore or bed of the sea or of any river, channel, creek, bay, or estuary or any land, hereditaments, subjects, or rights of whatsoever description belonging to His Majesty in right of his Crown and under the management of the Commissioners of Crown Lands or of the Board of Trade, respectively, without the consent in writing of the Commissioners of Crown Lands or the Board of Trade, as the case may be, on behalf of His Majesty first had and obtained for that purpose (which consent the said Commissioners and Board are hereby, respectively, authorised to give).— [Mr. Guinness.]
§ Brought up, and road the First time.1764
I beg to move, "That the Clause be read a Second time."
This is the model Clause which is always adopted in these Bills to protect Crown rights. The Board of Trade is the Department chiefly concerned, and the Commissioners of Crown Land.
I would like to know a little more about this Clause. I am familiar with the practice of putting in such a Clause. Is there any doubt at all with regard to the foreshore rights at present in the neighbourhood which will be affected by this Bill? Last year there were some cases which were in great dispute as to what were the rights of the Crown on several parts of the foreshore, and one or two hon. Members seem to have conflicting interests with the interests of the Crown. Is it to be the policy now that every Bill of this kind shall have a Clause put in in order to preserve the rights of the Crown to the foreshore which may or may not exist at the moment? If so, it docs seem to me to be rather controversial.
It is usual to put in the Clause. The point was considered in Committee and dealt with in short form by Clause 40. which we have left out. This model Clause repeats the. substance of Clause 40.
§ Question put, and arrived to.
§ Clause read a Second time, and added to the Bill.