16 
as none of them have been granted according to law. We are of opinion that this is the only wise 
course the Government can adopt to save the oyster-beds from ruin. If any of the lessees can show that 
they are entitled to compensation we recommend that they should have it by all means. 
29. The system we advise the Government to adopt for the future is not to lease the natural oyster- 
beds, but to grant licenses to persons to dredge, dive, or get oysters ofE the beds or rocks, and to charge for 
each license a small fee, and also a royalty on all matured oysters dredged for sale. We do not recom¬ 
mend any royalty to be paid on the spat, brood, or ware got off the rocks, mangroves, &c., and sold to grow 
and fatten; but we recommend (without prejudice to any of the provisions in the Lands Alienation 
Acts) that all lands which are covered by tidal waters should be leased for oyster culture for a term of 
fifty years, in areas not exceeding 5 acres, at—say 5s. per acre per auuum for the first four years, and 
afterwards 20s. per acre per annum to the end of the lease, provided that during the first four years the 
said land shall be prepared and stocked with oysters. 
30. Wo believe that the cancelling of the existing leases of natural oyster-beds and substituting 
the system of licenses will Iiave a very beneficial effect in many respects. The Government will have the 
power to stop the dredging or diving on the oyster-beds whenever it may be reported by the Inspectors that 
sufficient oysters have been taken out of a bed, etc., and that there is some danger of the bed, &c., being 
exhausted if more oysters were removed. The licensees could not complain of the temporary closing of 
a river, as their licenses would enable them to dredge other beds; and their licenses would always be 
available for getting oysters off the rocks which are uncovered at low tides. 
31. We think a royalty the best mode of raising a revenue for the use of the public waters and the 
protection of property. Bertram says, every bushel of oysters landed at the Billingsgate market has to 
pay, for tolls, &c., 8d. per bushel. AYc think a small royalty will have the effect of putting a stop to the 
small oysters (rubbish, as it is called) being sent to Melbourne for food. And a good efiect will be pro¬ 
duced by enabling all persons of good character to obtain a license to dredge, dive, or get oysters off the 
rocks, without the necessity of begging the oyster monopolists to give them employment. 
32. Tlie oyster waters in the Colony being thus offered to the public on such liberal terms, there 
would not possibly be any excuse for oyster thieves, or the receivers of stolen oysters. Cattle aijd sheep 
are protected, and oysters ought to be equally secured, in order that full-grown oysters may become 
as plentiful and cheap as beef or mutton. There are reasons why oysters should be spedally protected, 
because there is more danger of oysters being stolen than either cattle or sheep. Oysters cannot be 
branded or identified with the same facility as sheep or cattle, and in shallow water (where they fatten 
the best) they are more exposed, and easily picked up by the idle who would rather steal than work. There 
are few persons who would invest capital in any industry, unless they have a tolerable assurance that it 
will be protected, and those persons who buy oyster spat to grow and fatten in their ponds, trenches 
(or claires) have to wait for three or four years before they can have any returns. 
33. AV”e suggest for the protection of the public, as well as private property, that no dredging 
on the oyster rivers should be allowed between sunset and sunrise; that no oysters should be conveyed 
from one place to another witliout a permit or pass, signed by the owner or his agent; that no oysters 
should be carried by water, unless the jjerson in charge has a permit, or they appear on his manifest; a 
breach of any of these provisions should subject the offender to a penalty. We also recommend that all 
licensed oystermen should show their licenses whenever they are required to do so by an Oyster In¬ 
spector, or by the Police, or any Custom House Officer. 
34. Ill order effectually to put a stop to the receiving of stolen oysters, we recommend that aU 
dealers in oysters should be required to take out a license, and to keep an entry of all the oysters they 
purchase. 
35. In all cases of conviction the Magistrates should have power to cancel the licenses, in addition 
to any penalties which may he imposed. And a moiety of all such penalties should go to the informer. 
30. We liave carefully revised and amended a Bill drawn by Mr. G. Milner Stephen, and think that 
if it become law it will work beneficially. Although the legislation upon oyster fisheries in the United 
Kingdom extends over some twenty-five Acts of Parliament, especially in later years as the knowledge 
of the subject has increased, we have felt it our duty to make the Bill as concise as possible, and we trust 
that that which accompanies this report embraces all the points necessary in this colony. 
37. Wo also recommend the Government at once to apj)oint an efficient staff of Inspectors, for the 
supervision and preservation of our oyster fisheries, as their services are urgently required. 
38 . 
