The Crown Lands Acts 1861 (NSW) (or Robertson Land Acts) were introduced by the

New South Wales New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South ...

Premier Premier is a title for the head of government in central governments, state governments and local governments of some countries. A second in command to a premier is designated as a deputy premier. A premier will normally be a head of govern ...

, John Robertson, in 1861 to reform land holdings in New South Wales and in particular to break the squattocracy's domination of

land tenure In Common law#History, common law systems, land tenure, from the French verb "" means "to hold", is the legal regime in which land "owned" by an individual is possessed by someone else who is said to "hold" the land, based on an agreement betw ...

. The Acts allowed free selection of

crown land Crown land, also known as royal domain, is a territorial area belonging to the monarch, who personifies the Crown. It is the equivalent of an entailed estate and passes with the monarchy, being inseparable from it. Today, in Commonwealth realm ...

and made redundant the limits of location, which limited sale of land to the

Nineteen Counties The Nineteen Counties were the limits of location in the colony of New South Wales, Australia. Settlers were permitted to take up land only within the counties due to the dangers in the wilderness. They were defined by the Governor of New Sou ...

which had applied since 1826.

The Acts

Under the reforms unsurveyed land in an area which had been declared an agricultural reserve in designated unsettled areas could be selected and bought freehold in lots of crown land, wherever situated at £1 per acre (£2 9s 5d/ha), on a deposit of five

shilling The shilling is a historical coin, and the name of a unit of modern currency, currencies formerly used in the United Kingdom, Australia, New Zealand, other British Commonwealth countries and Ireland, where they were generally equivalent to 1 ...

s per acre (12s 4d/ha), the balance to be paid within three years, an interest-free loan of three-quarters of the price. Alternatively at the end of the three years, the balance could be treated as an indefinite loan, as long as 5% interest was paid each year. The Crown Lands Acts consisted of two separate acts: The Crown Lands Alienation Act of 1861 No 26a and the Crown Lands Occupation Act of 1861 No 27a These acts were amended in 1875 and 1880. The Robertson acts were replaced completely by new legislation with effect from the beginning of 1885. Selectors were required to live on their land for three years and to make improvements worth £1 per acre. Speculation was to be prevented by requiring actual residence on the land. In return pastoralists were protected by granting them, at the conclusion of their present leases, annual leases in the settled districts and five yearly leases elsewhere, with a maximum area or carrying capacity, and an increase in rent by appraisement of the runs. The pastoralist retained the pre-emptive right to buy one twenty-fifth of his lease in addition to improved areas, and also possessed the pre-lease to three times the area of the freehold. In addition they were to continue to possess the right to request the survey and auctioning of large parcels of their lease. This meant that they could bid at short notice for such land while other potential bidders were unaware that the land was on the market. The work of Alexander Grant McLean,

Surveyor General of New South Wales The Surveyor General of New South Wales is the primary government authority responsible for land and mining surveying in New South Wales. The original duties for the Surveyor General was to measure and determine land grants for settlers in New Sou ...

facilitated the introduction of these Land Acts.

Consequences

Subsequently, there were struggles between squatters and selectors, and the laws were circumvented by corruption and the acquisition of land by various schemes, such as the commissioning of selections to be passed eventually to squatters and the selection of key land such as land with access to water by squatters to maintain the viability of their pastoral leases. The Land Acts accelerated the alienation of

Crown land Crown land, also known as royal domain, is a territorial area belonging to the monarch, who personifies the Crown. It is the equivalent of an entailed estate and passes with the monarchy, being inseparable from it. Today, in Commonwealth realm ...

that had been acquired under the principle of ''

terra nullius ''Terra nullius'' (, plural ''terrae nullius'') is a Latin expression meaning " nobody's land". Since the nineteenth century it has occasionally been used in international law as a principle to justify claims that territory may be acquired ...

'', and hence accelerated the dispossession of

Indigenous Australians Indigenous Australians are people with familial heritage from, or recognised membership of, the various ethnic groups living within the territory of contemporary Australia prior to History of Australia (1788–1850), British colonisation. The ...

. The Land Acts paralleled the demands for similar legislation amending the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

Preemption Act of 1841 The Preemption Act of 1841, also known as the Distributive Preemption Act ( 27 Cong., Ch. 16; ), was a US federal law approved on September 4, 1841. It was designed to "appropriate the proceeds of the sales of public lands... and to grant ' pre-e ...

, culminating in the

Homestead Act The Homestead Acts were several laws in the United States by which an applicant could acquire ownership of Federal lands, government land or the American frontier, public domain, typically called a Homestead (buildings), homestead. In all, mo ...

of 1862, and was succeeded by similar legislation in other Australian colonies in the 1860s and

Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...

Dominion Lands Act The ''Dominion Lands Act'' () was an 1872 Canadian law that aimed to encourage the settlement of the Canadian Prairies and to help prevent the area being claimed by the United States. The Act was closely based on the U.S. '' Homestead Act of 186 ...

of 1872.

References

{{Reflist 1861 in Australia New South Wales legislation 1861 in law 1861 in British law 1860s in New South Wales Crown land in Australia Squatting in Australia

The Acts

Consequences

See also

References