The process of land selectionin Queensland in Australia began in 1860. It continued under a series of land acts in subsequent years.[1] When Britain claimed possession of Australia, it did so based on terra nullius (that the land belonged to nobody) and did not acknowledge that Indigenous people had any ownership over the land. All land in Australia became Crown land and was sold or leased by the Australian colonial governments according to the needs of the colonists.[2]
The land was considered the Queensland colony's greatest asset. The prosperity of the colony was measured according to the extent of land settlement. Rent from land leases was the colony's largest revenue earner. The initial political contest was between pastoralists and selectors led by the "town liberals" who desired that immigrants have an equitable right to small land holdings (known as closer settlement). Closer settlement for agricultural purposes was promoted by the Queensland Government who desired settlement by immigrants to Queensland and exports of agricultural produce and raw materials such as cotton and wool to Britain. No group (pastoralists or town liberals) held dominant control over land policy. Legislation was framed with the aim of a comprehensive land policy. However, it was changed from time to time following the energetic efforts by both groups to alter the occupancy conditions and priority for selection, and there was tension between free selection and long leases particularly for pastoral land. Consequently, over 50 principal and amending acts covered all land legislation up to 1910.[1]
Land selection
Queensland governments developed the most comprehensive land legislation and settlement program in Australia in the nineteenth century. The key legislation for land selections since 1860 were:[1]
Crown Lands Alienation Act 1860
Crown Lands Alienation Act 1868
Land Act 1876
Crown Lands Act 1884
Land Act 1897
Land Act 1902
Closer Settlement Act 1906
Land Act 1910
The bulk of the land selection in Queensland occurred under the first six acts listed above. There were various land acts in between these dates which dealt with a variety of specialized land settlement policies and developments e.g. village settlements in country areas (very small blocks), commune settlements (1890s), irrigation developments etc. Village settlement land files are held by the Queensland State Archives.[3] Files on the communes have not survived within the Queensland Government.[1]
The various land schemes had many different types of selections.[4] With the opening of new settlement areas the first selections were managed by the relevant agent for that land district. If the land settlement in the new areas was rapid, a new land district was often formed e.g. Cairns – Port Douglas; Cardwell – Innisfail.[4] Land was defined as agricultural, first class pastoral or second class pastoral under the Crown Lands Alienation Act 1868, under which the initial land selection in the colony was done.[4]
The key public servants were the land commissioners, land agents, surveyors and land inspectors. Their roles brought ordered processes and accepted administrative arrangement understood by the selectors.[5]
A proclamation in the Queensland Government Gazette detailed the level of annual rent and the portions of land available for selection and closing date and place for applications to be received. The minimum age for a selector was 16 years and the applicant had to be a natural-born British subject or naturalised British subject; companies could not apply. Selection was competitive. If the applicant was successful, the selector paid the first year's rent and survey fee. The selection was not capable of being mortgaged or transferred (except in the case of death of the licensee). Land orders (often received as an inducement to immigrate to Queensland) could be used in payment of the deposit for a selection.[5] Having obtained access to the land, there were conditions that the selector had to meet. Typically the selector had to "improve" the land by constructing buildings, clearing timber, creating paddocks, building fences, and commencing farming of crops or animals (these conditions were often specified in great detail). The value of each improvement was also stated so that the total invested could be compared to the legislative requirement. Where a selector held several selections located close together the selector could use residence on one as proof of residence for another; however, there were usually limits to the number of selections that a selector could hold in a particular lease area.[5]
Having fulfilled all conditions, the selector could apply for freehold of the selection after the payment of the final rent installment and fees for the survey and the Deed of Grant.[5]
While there were specific soldier settlement schemes for those returning from war service, selectors who undertook war service would be given relief from some of their obligations. Relief was also given to selectors who experienced natural disasters.[5]
Apart from selected lands, other methods of tenure were pastoral leases or freehold land purchased through auctions either in agricultural reserves or as town lots or suburban lots (within 2 miles of a town).[6]
Crown Lands Alienation Act 1860
Land was open to selection at the fixed price of £1 per acre (£2.5/ha) in agricultural reserves on the shores of navigable waters of Moreton Bay, Wide Bay, Port Curtis and Keppel Bay. The farms were between 40 and 320 acres (16 and 129ha).[7]
Land could also be purchased at £1 per acre (£2.5/ha) for up to 640 acres (260ha) for mining (other than for coal or gold).[7]
Agricultural Reserves Act 1863
This act provided for selection of land in specified agricultural reserves at £1 per acre (£2.5/ha). Six months residence was mandatory and improvements including one-sixth of the area to be cultivated and fencing constructed were essential conditions.[7]
Crown Land Alienation Act 1868
Any lands in a settled district and not already under pastoral lease were available for selection as agricultural or pastoral land. Any lands in unsettled areas and not already under pastoral lease were available for selection as second class pastoral land. It was announced in the Queensland Government Gazette when districts were open for selection and land agents were appointed in those districts.[7] There were maximum areas which selectors could hold in the colony – 640 acres (260ha) of agricultural land, 2,560 acres (1,040ha) of first-class pastoral land, and 7,680 acres (3,110ha) second-class pastoral land.[7]
If the Queensland Government gave notice of resuming a pastoral lease to offer it for selection, for the following year, the pastoralist had the first option on selecting the land from their leasehold area. They were entitled to select 1 acre (0.40ha) for each ten shillings of improvements undertaken on the pastoral lease. This enabled the pastoralist to select the best parts of their pastoral lease, such as land alongside rivers and creeks and land close to railway lines, before others could select from the remainder of the pastoral lease.[7]
Selectors paid annual rent to pay off the price of the land set by government. Agricultural land could be converted to freehold in three years if conditions were fulfilled and the balance of the rents was paid. Selections could not be transferred until the conditions were fulfilled and creditors could not obtain control of them until they were freehold.[7]
The act also introduced that improvements could be taken into account in addition to cultivation on selections taken up under the Agricultural Reserves Act 1863 or the Leasing Act 1866.[7]
Agricultural, first class pastoral and second class pastoral.
Sugar and Coffee selections. (s.65)
Agricultural Farms – land within Agricultural Reserves selected under s.12 of under Crown Lands Alienation Act 1860 could be brought under the 1868 act if applied for within six months of assent to the 1868 act.
Crown Lands Alienation Act 1876
The major change to land selection brought by this act was that the classification of lands was abolished and land was then priced according to the demand for land in various areas of Queensland. Block sizes were reduced. The ballot process was utilized to deal with competition. The government became more rigorous on occupancy requirements. Efforts to reduce ‘dummying’ by pastoralists were unsuccessful.[7]
Leased lands before survey
Conditional (conditional purchase)
Homestead
Lands Act 1884
This was a watershed act – often called the ‘Dutton Act’ after the Minister for Lands. WC Hume, surveyor and Land Commissioner on the Darling Downs, became Under Secretary for Lands in 1884. It was believed that his recommendations became the basis for the new act. Pre-emptive purchases by pastoralists were abolished. Selection before survey was permitted in some cases. Agricultural Farms and Grazing Farms were defined as the forms of land selection. Up to 1,280 acres (520ha; 5.2km2) could be selected as an Agricultural Farm and purchased (freeholded) after five years and the fulfillment of the residence requirements and investment in improvements. Up to 20,000 acres (8,100ha; 81km2) could be selected as a Grazing Farm and held under lease for 30 years. Rents were varied over time after assessment of the selection. The larger areas allowable were due to the land being much further from settled areas and towns and because the land type was likely to be less fertile and watered. The Land Board was formed and became active in determining the annual rents and determination of lands for selection. The powers of the Land Board in respect of selections were declaration of agricultural areas on resumed runs and assess rents every five years for selections.[7]
Criticism of the Land Board was a strong reason for the Royal Commission into Land Settlement generally.[7]
The resulting Crown Lands Act 1897 renamed the Land Board as the Land Court and appeals were permissible. District Land Commissioners continued to deal with applications for selection, forfeitures, rent assessments and reports of fulfillment of conditions.[7]
Crown Lands Act 1897
The act preserved all the rights under the 1884 act.[7]
The enveloping drought meant that much pastoral land leased under the 1869 Pastoral Leases Act was deserted, but some occupation continued in informal ways.[7]
No "pre-emptive" rights provided for under previous acts were continued.[7]
Grazing Homesteads were to be in 20,000 acres (8,100ha; 81km2) blocks.[7]
Specific selection types were introduced for land infested by prickly pear. A specific act, Prickly Pear Selection Act 1901 was introduced to deal with this form of selection.[7]
A ballot system was introduced to manage competition for land and land available for selection was to be published by a schedule.[7]
Land Act 1902
The act dealt mainly with pastoral lease land which had been severely affected by the Federation drought. It was really a relief act to assist landholders affected by the drought.[7]
Married women were given the right to hold a Grazing Homestead in their own right, after five years of the lease had elapsed.[7]
Section 29 provided for ringbarking to be defined as an improvement.[7]
Section 33 allowed a freeholder to select land adjacent to their property and not have to meet the residential requirement.[7]
Under section 40 farmers could apply for an extension of a Grazing Farm lease if the land was not required for agricultural purposes.[7]
Pastoral lessees were empowered to select Grazing Farms or Agricultural lease on their own pastoral leases.
Closer Settlement Act 1906
This act related to re-purchased estates or land opened for selection by groups. They were numerous across the state. The first legislation on the point was the Queensland Agricultural Lands Purchase Act 1894. The government purchased land from pastoral lessees and then opened the land for selection for family agricultural farms. Many of the estates came out of large successful pastoral holdings where the owner was prepared to sell in the 1890s depression. The land was approved by the Land Board (renamed Court). The Land Board reported to the Minister on the fair value of the land to the owner, demand for land in the neighborhood, suitability of the land, permanency of water, probability of selection and absence of sufficient crown land in the area.[7]
Land Act 1910
This act was comprehensive and was a consolidation of previous land selection acts after obsolete provisions were repealed. The Minister recorded that it repealed 32 acts, 34 schedules and 734 clauses, including the New South Wales acts of 1836, 1854 and 1858 except for titling provisions. Pre-existing rights under the 1884 and 1897 acts were brought forward.[7]
Agricultural Farms selected under earlier acts were brought under the 1910 act.[7]
The maximum area for a selection was increased to 2,560 acres (1,040ha; 10.4km2) and Agricultural Homesteads were to be a maximum of 320 acres (130ha; 1.3km2). Prickly Pear selections were to be a maximum of 2,560 acres (1,040ha; 10.4km2). Agricultural selections taken up by members of Groups were to be a maximum of 320 acres (130ha; 1.3km2).[7]
Time allocated for clearing of land and time to pay rents could be varied.[7]
A pastoral lease, sometimes called a pastoral run, is an arrangement used in both Australia and New Zealand where government-owned Crown land is leased out to graziers for the purpose of livestock grazing on rangelands.
Sir John Robertson, was a London-born Australian politician and Premier of New South Wales on five occasions. Robertson is best remembered for land reform and in particular the Robertson Land Acts of 1861, which sought to open up the selection of Crown land and break the monopoly of the squatters.
The Crown Lands Acts 1861 (NSW) (or Robertson Land Acts) were introduced by the New South Wales Premier, John Robertson, in 1861 to reform land holdings in New South Wales and in particular to break the squattocracy's domination of land tenure. The Acts allowed free selection of crown land and made redundant the limits of location, which limited sale of land to the Nineteen Counties which had applied since 1826.
In the history of Australia, squatting was the act of extrajudicially occupying tracts of Crown land, typically to graze livestock. Though most squatters initially held no legal rights to the land they occupied, the majority were gradually recognised by successive colonial authorities as the legitimate owners of the land due to being among the first white settlers in their area. The term squattocracy, a play on aristocracy, was coined to refer to squatters as a social class and the immense sociopolitical power they possessed.
Selection is the act of choosing and acquiring a subdivided tract of land for farming purposes in Australia. A selection is also descriptive of the plot of land that was selected. The term derived from "free selection before survey" of crown land in some Australian colonies under land legislation introduced in the 1860s. These acts were intended to encourage closer settlement, based on intensive agriculture, such as wheat-growing, rather than extensive agriculture, such as wool production. Selectors often came into conflict with squatters, who already occupied the land and often managed to circumvent the law.
Jondaryan Woolshed is a heritage-listed shearing shed at Evanslea Road, Jondaryan, Queensland, Australia. It was built in 1859-60 to replace an earlier, smaller woolshed on the former Jondaryan pastoral station, which was at one stage the largest freehold station in Queensland. The woolshed was the scene of significant labour conflict in the late 1880s and early 1890s, as the station became a test case for the new Queensland Shearers Union in the lead-up to the 1891 Australian shearers' strike.
Fassifern Homestead is a heritage-listed homestead at 1008B Boonah-Fassifern Road, Kalbar, Scenic Rim Region, Queensland, Australia. It was built circa 1880. It was added to the Queensland Heritage Register on 13 November 2008.
Braeside Homestead is a heritage-listed homestead at Crystal Mount Road, Dalveen, Southern Downs Region, Queensland, Australia. It was built from 1870s to 1920s. It was added to the Queensland Heritage Register on 23 August 2002.
Monsildale Homestead is a heritage-listed homestead at 2532 Monsildale Road, Monsildale, Somerset Region, Queensland, Australia. It was added to the Queensland Heritage Register on 3 April 2009.
The Selector's Hut is a heritage-listed hut at 20 Upper Camp Mountain Road, Camp Mountain, City of Moreton Bay, Queensland, Australia. It is also known as Marks' Hut. It was built c. 1870 by George Atthow. It was added to the Queensland Heritage Register on 3 December 2007.
Colonsay Farm is a heritage-listed farm at 125 Doolong Road, Kawungan, Fraser Coast Region, Queensland, Australia. It was built in 1909. It is also known as Doolong Farm. It was added to the Queensland Heritage Register on 11 March 2011.
Glengarry Homestead is a heritage-listed homestead at Gladstone-Monto Road, Boynedale, Gladstone Region, Queensland, Australia. It was built from c. 1894 to c. 1920. It was added to the Queensland Heritage Register on 21 October 1992.
Soldier Settler House is a heritage-listed homestead at Gladstone-Monto Road, Ubobo, Gladstone Region, Queensland, Australia. It was built in 1920. It is also known as Hecstanvale. It was added to the Queensland Heritage Register on 28 September 2001.
The Strangways Land Act, Strangways Act or Waste Lands Amendment Act, were common names for legislation enacted in January 1869 in the colony of South Australia, formally titled An Act to further amend the "Waste Lands Act" 1869. The Act enabled the purchase of land for farmers, allowing for closer settlement in areas of the province suited to more intensive agriculture, rather than vast pastoral runs on uncleared land leased from the government. It is named for Henry Strangways, who was premier and attorney-general when the legislation was passed, and had previously been the Minister for Crown Lands.
Habana Tramline Causeway and Wharf Site is a heritage-listed causeway between Habana Wharf Road and Constant Creek, Habana, Mackay Region, Queensland, Australia. It is also known as Habana Wharf Road. It was added to the Queensland Heritage Register on 14 May 2010.
Gunnawarra Homestead is a heritage-listed homestead at Gunnawarra Road, Gunnawarra, Tablelands Region, Queensland, Australia. It was built from 1878 to 1908. It was added to the Queensland Heritage Register on 21 October 1992.
Kilbirnie Homestead is a heritage-listed homestead at Argoon-Kilburnie Road, Jambin, Shire of Banana, Queensland, Australia. It was built in 1884. It was added to the Queensland Heritage Register on 21 October 1992.
Kingaham is a rural locality in the Somerset Region, Queensland, Australia. In the 2016 census, Kingaham had a population of 14 people.
Gympie–Brooloo–Kenilworth Road is a continuous 51.6 kilometres (32.1 mi) road route in the Gympie and Sunshine Coast regions of Queensland, Australia. It has two official names, Gympie–Brooloo Road and Kenilworth–Brooloo Road. The entire route is signed as State Route 51.
There are two state-controlled roads linking Millmerran and Cecil Plains in the Toowoomba region of Queensland, Australia. They are Millmerran–Cecil Plains Road, which runs to the west of the Condamine River, and Pampas–Horrane Road, which runs east of the river.
This page is based on this Wikipedia article Text is available under the CC BY-SA 4.0 license; additional terms may apply. Images, videos and audio are available under their respective licenses.
