South Australia Act 1834

The South Australia Colonisation Act 1834 is the short title of an Act of the Parliament of the United Kingdom with the long title:"An Act to empower His Majesty to erect South Australia into a British Province or Provinces and to provide for the Colonisation and Government thereof"and citation "4 & 5 Will. IV c. 95".

It 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, and 26 degrees south latitude, including the islands adjacent to the coastline. It was put into effect on 15 August 1834.

The "Act" largely reflected the views of Edward Gibbon Wakefield, who saw control of land sales as a way to finance the development of a colony and encourage the emergence of a class structure similar to that of England.

Overview

The "Act" recognized that these lands were inhabitable, and made provision for colonization, government, and the funding of the new settlement on these lands. The "Act" states that the land specified by the "Act" is 'waste' and 'uninhabited' (this statement was subsequently modified by the Letters Patent establishing the Province of South Australia in 1836). The "Act" specifically provided for a limited independence of Government, whereby all laws made by the government in South Australia were to be presented to the King in Council in the United Kingdom. The Act stated that convert|802511|km2|sqmi|0 would be allotted to the colony and to be convict-free. The plan for the colony to be the ideal embodiment of the best qualities of British society, that is, no religious discrmination or unemployment.

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 province and its capital were named prior to settlement. The "Act" further specified that it was to be self-sufficient; £20,000 surety had to be created 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 shillings 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. 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 conveying further immigrants from Great Britain and Ireland.

These 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 fifty thousand 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 two hundred thousand pounds. 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" authorized 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 or other government securities in England. The amount was specified as twenty thousand pounds.

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 convicts to South Australia.

The "Act" provided for the establishment of local government, specifying that the local population should exceed fifty thousand.

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 twenty thousand "natural born Subjects of His Majesty". This was to also repay any remaining debts of the "South Australian Public Lands Securities".

The "Act" finally placed a proviso on any establishment of settlements in South Australia. The "Act" specifically forbade the commencement of settlements until twenty thousand pounds had been raised and invested in the government securities or Exchequer bills. In addition no settlement could proceed until public lands to the value of thirty-five thousand pounds had been sold.

This "Act" was repealed by the South Australia Act 1842

References

*" [http://www.foundingdocs.gov.au/resources/transcripts/sa1_doc_1834.pdf Transcript of the South Australia Act, 1834] ", [http://www.foundingdocs.gov.au/item.asp?sdID=37 National Archives of Australia]
*Dorothy Jauncey, Bardi Grubs and Frog Cakes — South Australian Words, Oxford University Press (2004) ISBN 0-19-551770-9