The ''South Australia Act 1834'', or ''Foundation Act 1834'' and also known as the ''South Australian Colonization Act'', was an Act of the

Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...

which provided for the settlement of a province or multiple provinces on the lands between 132 degrees east and 141 degrees of east longitude, and between the

Southern Ocean The Southern Ocean, also known as the Antarctic Ocean, comprises the southernmost waters of the World Ocean, generally taken to be south of 60° S latitude and encircling Antarctica. With a size of , it is regarded as the second-small ...

, and 26 degrees south latitude, including the islands adjacent to the coastline. It also set up a

London London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...

-based Board of the

South Australian Colonization Commission British colonisation of South Australia describes the planning and establishment of the colony of South Australia by the British government, covering the period from 1829, when the idea was raised by the then-imprisoned Edward Gibbon Wakefield ...

allowing for three or more appointed commissioners (board members), known as the Colonization Commissioners for South Australia or, later, Colonisation Commissioners, to oversee the sale and leasing of land in South Australia to British subjects. This Board was to be represented in the new colony by a

Resident Commissioner Resident commissioner was or is an official title of several different types of commissioners, who were or are representatives of any level of government. Historically, they were appointed by the British Crown in overseas protectorates (such ...

Surveyor-General A surveyor general is an official responsible for government surveying in a specific country or territory. Historically, this would often have been a military appointment, but it is now more likely to be a civilian post. The following surveyor gen ...

, an

Emigration Emigration is the act of leaving a resident country or place of residence with the intent to settle elsewhere (to permanently leave a country). Conversely, immigration describes the movement of people into one country from another (to permanentl ...

Agent and various other colonial officers. In 1848, an amendment, which was referred to as the ''South Australia Government Act 1838'', provided formal instructions for the establishment of the colony and, significantly, included acknowledgement of the rights of the

Indigenous peoples Indigenous peoples are culturally distinct ethnic groups whose members are directly descended from the earliest known inhabitants of a particular geographic region and, to some extent, maintain the language and culture of those original people ...

in the area to be proclaimed as a colony. The Act was repealed by the ''

South Australia Act 1842 The South Australia Act 1842 ( 5 & 6 Vict c. 61) is an Act of the Parliament of the United Kingdom, which repealed the South Australia Act 1834, as well as amendments made to that Act, and instituted a different form of Government over the Pr ...

'', which instituted a different form of government for the colony, with the

Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

presiding over an appointed Legislative Council, and established a commission to lay the foundations of a democratic form of government. The Commission was abolished in 1842 and its functions continued from early 1843 by the

Colonial Land and Emigration Commission The Colonial Land and Emigration Commission (CLEC), also known as the Colonial Land and Emigration Board, was a British government authority under the supervision of the Secretary of State for the Colonies that facilitated emigration within the ...

, which had been established by a Commission from

Queen Victoria Victoria (Alexandrina Victoria; 24 May 1819 – 22 January 1901) was Queen of the United Kingdom of Great Britain and Ireland from 20 June 1837 until Death and state funeral of Queen Victoria, her death in 1901. Her reign of 63 years and 21 ...

on 14 January 1840.

Nomenclature

The full name of the act was "An Act to empower His Majesty to erect South Australia into a British Province or Provinces and to provide for the Colonization and Government thereof". Its chapter number is 4 & 5 Wm. (or Will.) IV, c. 95, meaning the 95th act that was passed in the reign of

William IV William IV (William Henry; 21 August 1765 – 20 June 1837) was King of the United Kingdom of Great Britain and Ireland and King of Hanover from 26 June 1830 until his death in 1837. The third son of George III, William succeeded h ...

, that started in the fourth year of his reign and finished in the fifth. ''South Australia Act 1834'' and ''Foundation Act 1834'' were the official short titles of the Act, which is also referred to in the literature as the ''South Australian Colonization Act''.

Background

Robert Gouger Robert Gouger (; 26 June 1802 – 4 August 1846) was one of the founders of South Australia and the first Colonial Secretary of South Australia. Early life Gouger was the fifth son of nine children of George Gouger (1763–1802), who was a pr ...

, who had edited

Edward Gibbon Wakefield Edward Gibbon Wakefield (20 March 179616 May 1862) is considered a key figure in the establishment of the colonies of South Australia and New Zealand (where he later served as a member of parliament). He also had significant interests in Britis ...

's ''Letter from Sydney'' (1829), had led a campaign to persuade the British government to help to bring about Wakefield's colonisation scheme. In 1831 the

South Australian Land Company British colonisation of South Australia describes the planning and establishment of the colony of South Australia by the British government, covering the period from 1829, when the idea was raised by the then-imprisoned Edward Gibbon Wakefield ...

(SALC), which lobbied for a

Royal Charter A royal charter is a formal grant issued by a monarch under royal prerogative as letters patent. Historically, they have been used to promulgate public laws, the most famous example being the English Magna Carta (great charter) of 1215, bu ...

to establish a colony in Australia which would be administered by those who were developing the land in the colony, with the sales of the land financing assistance to certain categories of emigrants to the colony. Not getting government approval for a chartered colony, supporters then formed the

South Australian Association British colonisation of South Australia describes the planning and establishment of the colony of South Australia by the British government, covering the period from 1829, when the idea was raised by the then-imprisoned Edward Gibbon Wakefield ...

in 1834, with a similar aim. Finally this resulted in the passage of the 1834 Act, although the provisions did not quite match up to those of their original scheme. The

Duke of Wellington Arthur Wellesley, 1st Duke of Wellington, (1 May 1769 – 14 September 1852) was an Anglo-Irish soldier and Tory statesman who was one of the leading military and political figures of 19th-century Britain, serving twice as prime minister of ...

, Irish-born

field marshal Field marshal (or field-marshal, abbreviated as FM) is the most senior military rank, ordinarily senior to the general officer ranks. Usually, it is the highest rank in an army and as such few persons are appointed to it. It is considered as ...

and statesman, and victor at Waterloo, has been credited with securing the passage of the Act through the

House of Lords The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...

. The 1834 Act set out the conditions for the establishment of the Province of South Australia, and granted authority for this to be done by the action of the King at a later date. By the means provided for in this Act, South Australia would become the only colony whose establishment was authorised by an

Act of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...

, and also incorporated unique features such as the requirement that it would be settled and developed at no cost to the United Kingdom. In February 1836

King William IV William IV (William Henry; 21 August 1765 – 20 June 1837) was King of the United Kingdom of Great Britain and Ireland and King of Hanover from 26 June 1830 until his death in 1837. The third son of George III, William succeeded hi ...

signed the Letters Patent, signalling the final action needed to establish the Province under this Act. This Act and the Letters Patent together achieved the founding of the colony, but with Wakefield's original plan failing to provide effective governance, having brought the colony to near-bankruptcy, a second Act was enacted in 1842 to bring the colony under direct rule of the Crown.

The Act

The Act recognised that these lands were inhabitable, and made provision for colonisation, government, and the funding of the new settlement on these lands. The Act states that the land specified by the Act is "waste" and "unoccupied". This statement was subsequently modified slightly by the

Letters Patent establishing the Province of South Australia The Letters Patent establishing the Province of South Australia, dated 19 February 1836 and formally titled "Letters Patent under the Great Seal of the United Kingdom erecting and establishing the Province of South Australia and fixing the bound ...

in 1836, which acknowledged some rights and occupation by

Aboriginal people Indigenous peoples are culturally distinct ethnic groups whose members are directly descended from the earliest known inhabitants of a particular geographic region and, to some extent, maintain the language and culture of those original people ...

. The Act specifically provided for a limited independence of Government, whereby all laws made by the government in

South Australia South Australia (commonly abbreviated as SA) is a state in the southern central part of Australia. It covers some of the most arid parts of the country. With a total land area of , it is the fourth-largest of Australia's states and territories ...

were to be presented to the

King-in-Council The King-in-Council or the Queen-in-Council, depending on the gender of the reigning monarch, is a constitutional term in a number of states. In a general sense, it would mean the monarch exercising executive authority, usually in the form of ap ...

in the United Kingdom. The Act defined the province of South Australia as being "''...that part of Australia which lies between the meridians of the one hundred and thirty-second and one hundred and forty-first degrees of east longitude, and between the southern ocean and the twenty-six degrees of south latitude, together with all and every the islands adjacent thereto, and the bays and gulphs''". However, the Act gave control of the new colony to the Colonial Office as well as the Commissioners, which led to tension between the two and caused problems later. The money raised by the sale and leasing of land constituted what was called an Emigration Fund which was to be applied to the cost of conveying further immigrants from Great Britain and Ireland, in equal proportions of men and women, under 30 years of age. The colony was to be convict-free. The Act specified that those immigrating to South Australia, under the Emigration Fund, should be a married couple under the age of thirty, and that they both, along with any children they had, must immigrate to South Australia. The Act also specifically forbade the transportation of

convict A convict is "a person found guilty of a crime and sentenced by a court" or "a person serving a sentence in prison". Convicts are often also known as "prisoners" or "inmates" or by the slang term "con", while a common label for former convict ...

s to South Australia. The Act allowed for three or more appointed Commissioners, called the "Colonization Commissioners for South Australia", to oversee the sale and leasing of land in South Australia to British subjects. The Commissioners were empowered by the Act in a number of areas. They were able to appoint officers, delegate responsibilities, and make payment for the services provided. They were empowered to seek financing for the costs of starting the settlement. One method specifically prescribed in the Act was for the issuing of bonds under the seal of the Commissioners in two separate and distinct areas. Firstly, they were able to issue what was named "South Australia public lands securities" up to a sum of 50,000 pounds. This financing was to pay for the cost of transporting immigrants, until the time when the funds from land sales was sufficient to cover the cost of transportation. Secondly, they were able to issue what was named "South Australian Colonial Revenue Securities", up to a sum of £200,000. This funding was a public debt on the colonial governance, which was to provide money for the operation of the settlement. It was to be repaid by the rates and taxes imposed on the colonists. The Commissioners were required to submit to Parliament once a year a full and detailed report of the proceedings in South Australia. The Act authorised the appointment of trustees, who would oversee a guarantee against the expense of settling South Australia, purchased out of the funds raised as South Australian Colonial Revenue Securities. This guarantee could be either Exchequer bills (banknotes) or other

government securities A country's gross government debt (also called public debt, or sovereign debt) is the financial liabilities of the government sector. Changes in government debt over time reflect primarily borrowing due to past government deficits. A deficit oc ...

in England. The amount was specified as £20,000. The Act provided for the establishment of local government, specifying that the local population should exceed 50,000 people. The Act allowed for the liquidation of public land, if at the end of a ten-year period, the population of the province or provinces had not reached 20,000 "natural born Subjects of His Majesty". This was to also repay any remaining debts of the South Australian Public Lands Securities. The Act further specified that the Province was to be self-sufficient; £20,000 surety had to be raised and invested in the government securities or Exchequer bills, and £35,000 worth of land had to be sold in the new colony before any settlement was permitted. These conditions were fulfilled by the close of 1835. The Act specifies the minimum price of land at twelve

shilling The shilling is a historical coin, and the name of a unit of modern currencies formerly used in the United Kingdom, Australia, New Zealand, other British Commonwealth countries and Ireland, where they were generally equivalent to 12 pence o ...

s sterling per English acre, and for the selling price of land to be an equal price per acre, irrespective of the quality of the land.

South Australian Colonization Commission

Under the Act, the British government appointed the

to oversee its implementation: with thirteen members based in London, and a Resident Commissioner appointed by the board and stationed in the colony. Those first appointed, on 5 May 1835, were Colonel Robert Torrens (Chairman),

Rowland Hill Sir Rowland Hill, KCB, FRS (3 December 1795 – 27 August 1879) was an English teacher, inventor and social reformer. He campaigned for a comprehensive reform of the postal system, based on the concept of Uniform Penny Post and his soluti ...

(Secretary), G. Barnes (Treasurer),

George Fife Angas George Fife Angas (1 May 1789 – 15 May 1879) was an English businessman and banker who, while residing in England, played a significant part in the formation and establishment of the Province of South Australia. He established the South Aus ...

, Edward Barnard, William Hutt, J. G. Shaw-Lefevre, William Alexander Mackinnon M.P., Samuel Mills,

Jacob Barrow Montefiore Jacob Barrow Montefiore (1801–1895) was a member of the South Australian Colonization Commission in London from 1835 to 1839, a body appointed by the British Government under King William IV to oversee implementation of the ''South Australia ...

, Lt Col George Palmer, and John Wright, representing the

Colonial Office The Colonial Office was a government department of the Kingdom of Great Britain and later of the United Kingdom, first created to deal with the colonial affairs of British North America but required also to oversee the increasing number of col ...

. Administrative power was divided between a

, John Hindmarsh, who represented

the Crown The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...

, and the Resident Commissioner, who reported to the Colonisation Commissioners and who was responsible for the survey and sale of land as well as for organising migration and funding. The first Resident Commissioner was

James Hurtle Fisher Sir James Hurtle Fisher (1 May 1790 – 28 January 1875) was a lawyer and prominent South Australian pioneer. He was the first Resident Commissioner of the colony of South Australia, the first Mayor of Adelaide and the first resident Sout ...

was Colonial Secretary to the Commission, Note: This source says

John Pirie Sir John Pirie, 1st Baronet (1781 – 26 February 1851), was a British shipbroker and Lord Mayor of London. He was the largest shipbroker in London.

was Deputy Chairman, but as yet no other source found to confirm this, so left out of the article for now. John Hindmarsh was appointed Governor and

William Light William Light (27 April 1786 – 6 October 1839), also known as Colonel Light, was a British- Malayan naval and army officer. He was the first Surveyor-General of the new British Province of South Australia, known for choosing the site o ...

Surveyor-General. The Commission was responsible for land sales and for

land surveying Surveying or land surveying is the technique, profession, art, and science of determining the terrestrial two-dimensional or three-dimensional positions of points and the distances and angles between them. A land surveying professional is ca ...

, including choosing the site for the capital city. However, the Act did not make clear the powers of the Commission ''vis-à-vis'' the Governor, which led to discord for some years.

Regulations

Land sales

The Rules and Regulations for the Disposal of Public Lands in His Majesty's Province of South Australia, authored by the South Australian Commission in the UK in 1835, stipulated that surveys were to be undertaken and maps to be made available prior to sale of the land. Land could be bought at a uniform price per acre, but it would go to auction in the case of more than one potential buyer. Leases of up to three years could be granted "for pasturage" on unsold lands. All proceeds were to go to the Emigration Fund, set up to help poorer people to migrate to the colony. These regulations were of great significance; the success of the

Wakefield scheme Edward Gibbon Wakefield (20 March 179616 May 1862) is considered a key figure in the establishment of the colonies of South Australia and New Zealand (where he later served as a member of parliament). He also had significant interests in Britis ...

to populate and fund the new Province hinged on land development, so land law and regulations governing it were fundamental.

Letters Patent and Order-in-Council of 1836

The 1836

Letters Patent Letters patent ( la, litterae patentes) ( always in the plural) are a type of legal instrument in the form of a published written order issued by a monarch, president or other head of state, generally granting an office, right, monopoly, titl ...

and 1836

Order-in-Council An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council (''Kin ...

clarified further how the new Province was to be established. The "Letters Patent under the

Great Seal of the United Kingdom The Great Seal of the Realm or Great Seal of the United Kingdom (known prior to the Treaty of Union of 1707 as the Great Seal of England; and from then until the Union of 1801 as the Great Seal of Great Britain) is a seal that is used to sym ...

erecting and establishing the Province of South Australia and fixing the boundaries thereof", short name Letters Patent establishing the Province of South Australia, dated 19 February 1836, was presented to

to formally seek the approval to establish the Province of South Australia. The main change was to amend the wording in the 1834 document which referred to the land as "unoccupied", and offer recognition of the rights of the " Aboriginal Natives" to live unhindered within the lands of the Province of South Australia. The first migrant ship, the ''John Pirie'', set sail for the colony three days later. The Order-in-Council of 23 February 1836 (UK) established the legislative body to govern the new colony. It established a governing Council comprising the Governor, Chief Justice, Colonial Secretary, Advocate-General and the Resident Commissioner. The Council had broad legislative and

executive power The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a state. In political systems ba ...

s, including setting rates, duties, and taxes. However only the Governor could propose laws, and these had to be approved by the King.

Legislative history

Amendment

On 31 July 1838, the changes were brought into law by "An Act to amend an Act of the fourth and fifth years of his late majesty empowering his majesty to erect South Australia into a British province or provinces" (short name ascribed by the

National Library of Australia The National Library of Australia (NLA), formerly the Commonwealth National Library and Commonwealth Parliament Library, is the largest reference library in Australia, responsible under the terms of the ''National Library Act 1960'' for "mainta ...

: ''South Australia Government Act 1838''), 1 & 2 Vic, c. 60. This amendment to the original Act increased the Governor's power, combining his office with that of the Resident Commissioner. (This office fell to

George Gawler Lieutenant-Colonel George Gawler, KH, (21 July 1795 – 7 May 1869) was the second Governor of South Australia, at the same time serving as Resident Commissioner, from 17 October 1838 until 15 May 1841. Biography Early life Gawler, born on 2 ...

from 17 October 1838).

Repeal

The South Australian Colonization Commission was abolished between 1840 and 1842 and the

, which had been established by a Commission from Queen Victoria on 14 January 1840, took over its functions, but the amalgamation of the South Australian Colonization Commission with this body was not completed until early 1843. CC-BY icon

Text was copied from this source, which is available under
Attribution 4.0 International (CC BY 4.0)
licence (se
here
Note: This ref is added for completeness, but as of October 2020, the end date it gives doesn't accord with the other sources. To be investigated. With the enactment of the ''South Australia Act 1842'', the British Government assumed full control of South Australia as a

Crown Colony A Crown colony or royal colony was a colony administered by The Crown within the British Empire. There was usually a Governor, appointed by the British monarch on the advice of the UK Government, with or without the assistance of a local Counci ...

Nomenclature

Background

The Act

South Australian Colonization Commission

Regulations

Land sales

Letters Patent and Order-in-Council of 1836

Legislative history

Amendment

Repeal

See also

References

Citations

Notes

Further reading