Australian Colonies, Waste Lands Act 1842
| Year | 1842 |
(5 & 6 Vict.) C A P. XXXVI.
[22d June 1842]
'WHEREAS it is expedient that an uniform System of disposing of the Waste Lands of the Crownin theAustralian Colonies should be established:' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That within the Australian Colonies the Waste Lands of the Crown shall be disposed of in the Manner and according to the Regulations herein-after prescribed, and not otherwise.
II Not to be alienated, except by Sale in the Manner herein-after prescribed.
II. And be it enacted, That the Waste Lands of the Crown in the Australian Colonies shall not, save as herein-after is excepted, be conveyed or alienated by Her Majesty, or by any Person or Persons acting on the Behalf or under the Authority of Her Majesty, either in Fee Simple or for any less Estate or Interest, unless such Conveyance or Alienation be made by way of Sale, nor unless such Sales be conducted in the Manner and according to the Regulations herein-after prescribed.
III Exception of Lands required for public Uses;
III. Provided always, and be it enacted, That nothing in this Act contained shall extend or be construed to extend to prevent Her Majesty, or any Person or Persons acting on the Behalf or under the Authority of Her Majesty, from excepting from Sale, and either reserving to Her Majesty, Her Heirs and Successors, or disposing of in such other Manner as for the public Interests may seem best, such Lands as may be required for public Roads or other internal Communications, whether by Land or Water, or for the Use or Benefit of the aboriginal Inhabitants of the Country, or for Purposes of Military Defence, or as the Sites of Places of public Worship, Schools, or other public Buildings, or as Places for the Interment of the Dead, or Places for the Recreation and Amusement of the Inhabitants of any Town or Village, or as the Sites of public Quays or Landing Places on the Sea Coast or Shores of navigable Streams, or for any other Purpose of public Safety, Convenience, Health, or Enjoyment; and provided also, that nothing in this Act contained shall extend or be construed to extend to prevent Her Majesty, or any Person or Persons acting on her Behalf or under the Authority of Her Majesty, from fulfilling any Promise or Engagement made or hereafter to be made by or on the Behalf of Her Majesty in favour of any Military or Naval Settlers in the said Colonies respectively, in pursuance of any Regulations made by Her Majesty's Authority in favour or for the Benefit of any such Settlers.
IV Lands to be surveyed before sold.
IV. And be it enacted, That, save as herein-after is excepted in reference to Blocks of Twenty thousand Acres of Land or upwards, no Waste Lands of the Crown in any of the said Colonies shall be so conveyed or alienated as aforesaid until the same shall have been surveyed, and shall have been delineated in the public Charts of such Colony, in such Lots as shall be subsequently offered and put up for Sale, which Lots shall in no Case, save as aforesaid, contain an Area exceeding One superficial Square Mile.
V Governor authorized to convey the Lands.
V. And be it enacted, That under and subject to the various Provisions and Regulations herein-after contained, the Governor for the Time being of each of the said Colonies is hereby authorized and required, in the Name and on the Behalf of Her Majesty, to convey and alienate in Fee Simple, or for any less Estate or Interest, to the Purchaser or Purchasers thereof, any Waste Lands of the Crown in any such Colony, which Conveyances or Alienations shall be made in such Forms and with such Solemnities as shall from Time to Time be prescribed by Her Majesty, and being so made shall be valid and effectual in the Law to transfer to and to vest in possession in any such Purchaser or Purchasers any such Lands as aforesaid, for any such Estate or Interest as by any such Conveyance as aforesaid shall be granted to him, her, or them.
VI Quarterly Sales by Auction, and Notice thereof.
VI. And be it enacted, That once at the least in each of the Four usual Quarters of the Year, and on as many other Occasions as to the Governor for the Time being of any such Colony shall seem meet, there shall be holden One or more public Sales by Auction of the Waste Lands of the Crown within such Colony; and that every such Governor shall, by Proclamation or Proclamations, to be from Time to Time by him for that Purpose made in manner herein-after mentioned, declare with all practicable Precision the Times and the Places at which such Auctions will be holden, and what are the Lands to be offered for Sale at each of such Auctions, and what are the upset Prices at which they will be offered for Sale; and it shall not be lawful for any such Governor to sell or to cause to be sold any such Lands, unless they shall have been specified as about to be offered for Sale by such Proclamation as aforesaid, issued at some Time within Three Calendar Months next preceding the actual Sale thereof.
VII The Lands offered for Sale to be distinguished into Classes and Lots.
VII. And be it enacted, That in every such Proclamation as aforesaid the Lands specified therein as about to be offered for Sale shall be distinguished into Three separate Classes, the First of which shall be described as Town Lots, the Second of which shall be described as Suburban Lots, and the Third of which shall be described as Country Lots; and within the First of the said Classes shall be comprised all Lands situate within the Limits of any existing Town to be in that Behalf especially named and described by the Governor, or within any Locality to be designated by the Governor as the Site of any Town to be thereon erected; and within the Second of the said Classes shall be comprised all Lands situate within the Distance of Five Miles from the nearest Point of any existing or contemplated Town, unless in any Case the Governor for the Time being of any such Colony shall see fit to exclude any such last-mentioned Lands from the said Class of Suburban Lots, on the Ground that they will not in his Judgment derive any increased Value from their Vicinity to any such Town; and within the Third of the said Classes shall be comprised all Lands not comprised within the said First and Second Classes: Provided nevertheless, that nothing herein contained shall extend or be construed to extend to prevent the putting up for Sale of Lands of any One or more of the said Classes apart from Lands of both or either of the...
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