14 
fisheries, and to prerent the exhaustion of the oyster-beds in the Colony: Be it therefore enacted, etc. (the 
Ist clause is a mere interpretation clause, and the 2nd clause is as follows) :—“ The trovemor, with the advice 
of the Executive Council may, subject to any regulations, # # * demise by auction, or 
otherwise, for any term not exceeding ten years, any Crown lands being part of (ho shore and bed of the 
aea, or of an estuary or tidal water, above or below, or partly above or below, low-water-mark, for or in 
connection with the laying down of any oyster-bed. The 3rd clause provides that every such lease shall 
be in writing, etc. On the loth September, 1871, the Government published Regulations for carrying 
into effect the “ Oyster Beds Act of ISGS.” The 6 th Beguhition says, leases shall not include more than 
one mile of the frontage of any river, creek, estuary, or tidal water. This Regulation, it appears, was 
cancelled with respect to the one mile frontage on the 21st Fehruarj^ 1873. And the 7th Regulation 
says, parties leasing oyster-beds will be required to enter into a bond for ten times the amount of the 
annual rent, with two sureties, approved by tbe Government to fulfil all the conditions of the lease, and 
also to leave tbe oyster-bed in as good condition at the termination of tbe lease as at the time of its 
being granted. Tbe advertisements calling for tenders from persons willing to lease tbe oyster-beds for a 
period of ten years, say, “ Each tender must be accompanied by a guarantee from two responsible persons 
as sureties, agreeing to become answerable for the due fulfilment of the conditions of the lease, etc.” 
The oyster-beds in most of tbe tidal rivers of tliis Colony are now held by six persons (the lessees), and 
the other rivers not under lease are chsed, at the instance of the lessees, to prevent any oysters being 
taken out of them to interfere with their monopoly. 
26. Mr. LangJtam^ the Inspector of Oyster Beds, in his evidence before this Commission with 
respect to the River Hawkesbury leased by IMr. Gibbins, says:—“He should say ho claims under his 
lease 20,000 acres or more. He has hud down 4,000 or 5,000 hags of young oysters for a few months ; 
ho shifts them, that is all. There is no proportion at all between wliat he has taken from olf the rocks 
and mangroves and those tliat remain ; you could not tell where they were taken from, they are like a 
mere drop in a bucket of water.” At another part of the evidence, he said:—“ Capt. Griffin is 
the lessee of Limeburners’ Creek. He has done a great deal in laying down or forming oyster- 
beds, for a small place like that. He utilizes all the spat he can get. Capt. Griffin told him (the 
Inspector) he wished to liave some spat from the rocks on Port Stephens, but the lessees refused to let 
him liave any. Capt. Griifiu is the only one he knows of who has strictly complied with the terms of the 
Act.” He gives similar evidence about most of the other leased rivers. The lessees make no use of 
the spat (that is, for growth and fattening), or only to an inappreciable extent, and although there is 
such a vast quantity going to waste they will not allow any person to take any. 
27. The evidence given before this Commission shows that immature oysters (specimens of 
which we have seen) are not only sold in Sydney but also in Melbourne, which are not fit for 
human food. The New South AVales oysters, which ought to be tbe finest in tbe world, not only 
get a bad name in the Colony but also in ATictoria. Tbe Inspector says that all the lessees seem 
to care about is to get as maiiy oysters off the oyster-beds as they can. Mr. Emerson, oyster 
merchant, in his evidence before the Commission, said:—The sale of these small oysters (such as 
were exhibited, and which had been bought for the Commission at certain shops in the city) have a preju¬ 
dicial effect on the public mind to prevent consumption. People who go into a shop and get these small 
oysters become disgusted ; whereas if they got fat and well-flavoured oysters they would make them a 
regular article of food. Mr. Emerson handed in to the Commission a letter he had received from his 
agent in Melbourne (Air* Brooksj, in which the latter speaks of the reckless way the trade is being carried 
on, and tbe rubbish that comes from Sydney to the Alelboume market—oysters, he says, that uevor ought 
to have been allowed to leave their beds. * * ♦ The result will bo, he says, that attlio expiration of 
some of these leases there will be no oysters fit for use. * * » He saw eighteen bags of Newcastle and 
Broken Bay oysters sold for 208. ! (This is little more than half the freight, and very little more than 
the cost of the bags) ! Mr. Brooks (Mr. Emerson’s agent) gives the prices of oysters sold during the 
last month (September, 1876), which range from Ss. to SOs. per bag. Mr. Emerson said he had no diffi¬ 
culty in getting a good price in Alelboume for good oysters, and while inferior oysters were selling at 
38. Gd. per bag in Melbourne, he got from 27 b. to SOs. per bag for good oysters. The Inspector laid 
before the Commission a letter ho had received from Alelboume, in which the writer informs him tliat 
during December last Newcastle oysters were sold at from IGs. to 228. 6 d.; Clyde River oysters at 20s.; 
Manning River oysters at from 18 b. to 25s.; Cape Hawke oysters at 20s.; Clarence River oysters at from 
14s. to ISs. Also, that at auction a lot of Newcastle oysters were sold at from 3 b. to 6 s. 6 d. per bag; and 
a lot from the Clarence at from 6 s. 6 d. to 7s. per bag. 
28. After carefully considering all the circumstances, we consider it to be our bounden duty to 
recommend the cancellation by the Government of all the so-called existing leases of natural oyster-beds. 
as 
