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.
It also set up a London-based Board of the South Australian Colonization Commission 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, Surveyor-General, an Emigration Agent and various other colonial officers.
In 1838, 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 in the area to be proclaimed as a colony.
The Act was repealed by the South Australia Act 1842, which instituted a different form of government for the colony, with the Governor presiding over an appointed Legislative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, which had been established by a Commission from Queen Victoria 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".[1][2][Note 1] Its chapter number is 4 & 5 Will. 4. c. 95, meaning the 95th act that was passed in the reign of William IV, in the session of Parliament that started in the fourth year of his reign and finished in the fifth.
South Australia Act 1834 and Foundation Act 1834[1][3] were the official short titles of the Act, which is also referred to in the literature as the South Australian Colonization Act.[4]
Background
Robert Gouger, who had edited Edward Gibbon Wakefield'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 (SALC), which lobbied for a Royal Charter 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 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.[1] The Duke of Wellington, Irish-born field marshal and statesman, and victor at Waterloo, has been credited with securing the passage of the Act through the House of Lords.[5]
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, and also incorporated unique features such as the requirement that it would be settled and developed at no cost to the United Kingdom.[1]
In February 1836 King William IV 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.[1]
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".[2] This statement was subsequently modified slightly by the Letters Patent establishing the Province of South Australia in 1836, which acknowledged some rights and occupation by Aboriginal people.[6][Note 2]
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 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".[2] 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.[8]
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 convicts to South Australia.[2]
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.[2]
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 in England. The amount was specified as £20,000.[2]
The Act provided for the establishment of local government, specifying that the local population should exceed 50,000 people.[2]
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.[2]
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 shillingssterling per English acre, and for the selling price of land to be an equal price per acre, irrespective of the quality of the land.[2]
Administrative power was divided between a Governor, John Hindmarsh, who represented the Crown, 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.[1] The first Resident Commissioner was James Hurtle Fisher.[9]
Robert Gouger was Colonial Secretary to the Commission,[11]John Hindmarsh was appointed Governor and William Light Surveyor-General. The Commission was responsible for land sales and for land surveying, 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.[11]
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 to populate and fund the new Province hinged on land development, so land law and regulations governing it were fundamental.[12]
The "Letters Patent under the Great Seal of the United Kingdom 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 King William IV 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.[13]
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 powers, including setting rates, duties, and taxes. However only the Governor could propose laws, and these had to be approved by the King.[14]
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.
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: South Australia Government Act 1838), 1 & 2 Vict. c. 60.[15] This amendment to the original Act increased the governor's power, combining his office with that of the Resident Commissioner.[14] (This office fell to George Gawler from 17 October 1838).
The South Australian Colonization Commission was abolished between 1840 and 1842 and the Colonial Land and Emigration Commission, 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.[11][16][17][18] With the enactment of the South Australia Act 1842, the British Government assumed full control of South Australia as a Crown Colony.[11]
Edward Gibbon Wakefield is considered a key figure in the establishment of the colonies of South Australia and New Zealand. He also had significant interests in British North America, being involved in the drafting of Lord Durham's Report and being a member of the Parliament of the Province of Canada for a short time.
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, or colonies, and some still exist in this capacity. The United States of America once had a resident commissioner in the Philippines and the Puerto Rico resident commissioner resides in Washington DC. State governments of today's Republic of India have a resident commissioner to represent them in New Delhi.
Proclamation Day commonly refers to the anniversary of the proclamation of government of the province of South Australia, which continues to be celebrated in South Australia on 28 December, although no longer a public holiday. The anniversary of the establishment of self-government on 21 October 1890 was formerly known as Proclamation Day in Western Australia.
The Legislative Council, or upper house, is one of the two chambers of the Parliament of South Australia. Its central purpose is to act as a house of review for legislation passed through the lower house, the House of Assembly. It sits in Parliament House in the state capital, Adelaide.
The Government of South Australia, also referred to as the South Australian Government, SA Government, or more formally, His Majesty’s Government of South Australia is the executive branch of the state of South Australia. It is modelled on the Westminster system, meaning that the highest ranking members of the executive are drawn from an elected state parliament. Specifically the party or coalition which holds a majority of the House of Assembly.
This article details the history of Adelaide from the first human activity in the region to the 20th century. Adelaide is a planned city founded in 1836 and the capital of South Australia.
Sir George Gipps was the Governor of the British Colony of New South Wales for eight years, between 1838 and 1846. His governorship oversaw a tumultuous period where the rights to land were bitterly contested in a three way struggle between the colonial government, Aboriginal people and wealthy graziers known as squatters. The management of other major issues such as the end of convict transportation, large immigration programs and the introduction of majority elected representation also featured strongly during his tenure. Gipps is regarded as having brought a high moral and intellectual standard to the position of governor, but was ultimately defeated in his aims by the increasing power and avarice of the squatters.
Rear-Admiral Sir John Hindmarsh KH was a naval officer and the first Governor of South Australia, from 28 December 1836 to 16 July 1838.
The history of Australia from 1788 to 1850 covers the early British colonial period of Australia's history. This started with the arrival in 1788 of the First Fleet of British ships at Port Jackson on the lands of the Eora, and the establishment of the penal colony of New South Wales as part of the British Empire. It further covers the European scientific exploration of the continent and the establishment of the other Australian colonies that make up the modern states of Australia.
George Fife Angas 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 Australian Company and was its founding chairman of the board of directors.
The South Australian Company, also referred to as the South Australia Company, was formed in London on 9 October 1835, after the South Australia (Foundation) Act 1834 had established the new British Province of South Australia, with the South Australian Colonization Commission set up to oversee implementation of the Act.
The South Australia Act 1842 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 Province of South Australia. The Act was introduced as a result of recommendations by a British parliamentary enquiry into the failure of the colonial administration which had brought the province of South Australia near bankruptcy in 1840, and gave the British Government full control of South Australia as a Crown Colony. The Act was passed on 30 July 1842.
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 boundaries thereof", was presented to King William IV to formally seek the approval to establish the Province of South Australia. It defined the boundaries of the new colony, but also, significantly and unlike the South Australia Act 1834, included recognition of the rights of the Aboriginal peoples of South Australia. It is sometimes referred to as Letters Patent 1836.
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, to 1842, when the South Australia Act 1842 changed the form of government to a Crown colony.
The history of South Australia includes the history of the Australian state of South Australia since Federation in 1901, and the area's preceding Indigenous and British colonial societies. Aboriginal Australians of various nations or tribes have lived in South Australia for at least thirty thousand years, while British colonists arrived in the 19th century to establish a free colony. The South Australia Act, 1834 created the Province of South Australia, built according to the principles of systematic colonisation, with no convict settlers.
The Constitutional history of Australia is the history of Australia's foundational legal principles. Australia's legal origins as a nation state began in the colonial era, with the reception of English law and the lack of any regard to existing Indigenous legal structures. As the colonies expanded, Australia gradually began to achieve de facto independence. Over the years as a result the foundations of the Australian legal system gradually began to shift. This culminated in the Australia Act, an act formally ending legal ties with the UK.
The principles of the current Constitution of South Australia, also known as the South Australian Constitution, which includes the rules and procedures for the government of the State of South Australia, are set out in the Constitution Act 1934. Its long title is "An Act to provide for the Constitution of the State; and for other purposes".
The Aboriginal South Australians are the Indigenous people who lived in South Australia prior to the British colonisation of South Australia, and their descendants and their ancestors. There are difficulties in identifying the names, territorial boundaries, and language groups of the Aboriginal peoples of South Australia, including poor record-keeping and deliberate obfuscation, so only a rough approximation can be given here.
Indigenous treaties in Australia are proposed binding legal agreements between Australian governments and Australian First Nations. A treaty could recognise First Nations as distinct political communities, acknowledge Indigenous Sovereignty, set out mutually recognised rights and responsibilities or provide for some degree of self-government. As of 2023, no such treaties are in force, however the Commonwealth and all states except Western Australia have expressed support previously for a treaty process. However, the defeat of the Voice referendum has led to a reversal by several state liberal and national parties in their support for treaty and a much more ambigious expressed position by state Labor parties and governments.
The Aboriginal Lands Trust Act 1966 is the short title of an Act of the Parliament of South Australia, assented to on 8 December 1966, with the long title "An Act to establish an Aboriginal Lands Trust, to define the powers and functions thereof, for purposes incidental thereto and for other purposes". This Bill was introduced by Don Dunstan, who was then South Australia's Attorney-General and Minister for Aboriginal Affairs, and who later became Premier.
↑ Dutton, Geoffrey (1984). Founder of a city: the life of Colonel William Light, first Surveyor-General of the colony of South Australia, founder of Adelaide, 1786-1839 ([New]ed.). Rigby. p.148. ISBN978-0-7270-1913-4.
↑ The transcript as of 6 November 2019 misspells "colonization" as "colonisation" in the long name (as per the long name of the title in the actual document). Throughout the rest of the document, both transcript and original, it is spelt with a Z.
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