60 THE OYSTER FISHERIES LAWS. 



engaged in the trade. A comprehensive Bill on these bases, 

 and embodying other necessary regulating provisions, was 

 appended to their E-eport. 



Through Cabinet changes the Bill was never brought 

 before Parliament. Mr. Earnell apj^lied for and obtained 

 leave to bring it up, but before he could do so the Ministry 

 of the day had resigned office. By this misadventure, for 

 such it certainly was so far as the subject under consider- 

 ation was concerned, the injudicious working of the extensive 

 river leases continued, with two or three exceptions, until 

 their expiry. One lessee had a monopoly of no less than 

 three separate rivers at one time, and enjoyed almost perfect 

 immunity from restriction as to the size or quantity of the 

 oysters he might take from them. 



In 1880 the Boyal Commission, under the presidency of 

 the Honorable (afterwards Sir) William Macleay, elsewhere 

 noticed at length in this pamphlet, undertook to deal with the 

 vexed question of the oyster fisheries. The result of its labours 

 was the enactment of Part II of the Pisheries Act, 1881, 

 which first of all validated the existing leases which had 

 been professedly issued under the Oyster-beds Act of 1868, 

 and then created two separate methods by which the public 

 might in future acquire leases of the shores and beds of tidal 

 waters. The first of these, popularly known as the long 

 lease, as it might cover the lengthened term of thirty years, 

 with right of renewal for a similar period, allowed persons an 

 area of 25 acres of tidal waters, but excluding natural oyster- 

 beds, the Act having reserved those for the use of dredgers 

 working under license. Ptcnt was fixed at 5s. per acre per 

 annum for the first four years, and at 20s. per acre yearly for 

 the remainder of the term. The second was an annual lease 

 of shore fronting alienated land, carrying right of renewal from 

 year to year. Shore, defined by the Act to mean the portion of 

 Crown land between mean high and mean low-water mark, 

 could, under this form, be leased only to the owner, occupier, 

 or lessee of the abutting land ; the rental was fixed at the rate 

 of 20s. for every 100 lineal yards of shore. An exclusive right 

 to these frontage waters became thus created in favour of ripa- 

 rian owners, at the expense of the general public. The 

 revenue generally was to be derived from the rents accruing 

 under the leases, from a royalty on oysters dredged from 

 natural beds, and from fees for licenses issued to dredgers 

 and dealers. The special provision made in the previous 



