New South Wales Constitution Act 1855
| Jurisdiction | UK Non-devolved |
| Citation | 1855 c. 54 |
(18 & 19 Vict.) C A P. LIV.
[16th July 1855]
'WHEREAS the Legislative Council of the Colony ofNew South Wales , constituted and assembled by virtue of and under the Authority of an Act of Parliament passed in the Fourteenth Year of Her Majesty, Chapter Fifty-nine, intituled AustralianColonies , did, in the Year One thousand eight hundred and fifty-three, pass a Bill, intituled An Act to confer a Constitution on New South Wales, and to grant a Civil List to Her Majesty; of which Bill, amended as herein-after provided, a Copy is contained in Schedule (A.) to this present Act annexed: And whereas the said Bill was presented for Her Majesty's Assent to the then Governor of the said Colony of New South Wales , and the said Governor did thereupon declare that he reserved the said Bill for the Signification of Her Majesty's Pleasure thereon: And whereas it is by the said reserved Bill provided, that the Provisions thereof shall have no Force or Effect until so much and such Parts of certain Acts of Parliament in the said Bill specified as relate to the said Colony, and are repugnant to the said reserved Bill, shall have been repealed, and the entire Management and Control of the Waste Land belonging to the Crown in the said Colony, and also the Appropriation of the gross Proceeds of the Sales of any such Lands, and of all other Proceeds and Revenues of the same, from whatever Source arising within the said Colony, including all Royalties, Mines, and Minerals, shall be vested in the Legislature of the said Colony: And whereas it is not competent to Her Majesty to assent to the said reserved Bill without the Authority of Parliament for that Purpose: And whereas it is expedient that Her Majesty should be authorized to assent to the said reserved Bill, amended by the Omission of certain Provisions thereof, respecting the Assent of the Governor to the Bills which may be passed by the Legislative Councils and Assemblies of the said Colony, and Her Majesty's Power to disallow the same, and respecting the Boundaries of the Australian Colonies, and that so much and such Parts as aforesaid of the said specified Acts of Parliament should thereupon be repealed, and that the entire Management and Control of the said Waste Lands and Proceeds should be vested in the Legislature of the said Colony: And whereas a Copy of the said Bill, as amended as aforesaid, is set forth in the Schedule (1.) to this Act:' Be it therefore 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, as follows:
I Power to Her Majesty to assent to Bill in Schedule \(1.)
I. It shall be lawful for Her Majesty in Council to assent to the said reserved Bill, as amended as aforesaid, and contained in Schedule (1.) to this present Act annexed, anything in the said specified Acts of Parliament, or any other Act, Law, Statute, or Usage, to the contrary in anywise notwithstanding.
II So much of the Acts in Schedule \(2.) to this Act asrelates to the Colony of New South Wales repealed.
II. From the Day of the Proclamation of this Act in the said Colony ofNew South Wales (the said reserved Bill, as amended as aforesaid, having been previously assented to by Her Majesty in Council as aforesaid,) so much and such Parts of the several Acts of Parliament mentioned in the Schedule (2.) of this Act as severally relate to the said Colony of New South Wales , and are repugnant to the said reserved Bill, amended as aforesaid, shall be repealed; and the entire Management and Control of the Waste Lands belonging to the Crown in the said Colony, and also the Appropriation of the gross Proceeds of the Sales of any such Lands, and of all other Proceeds and Revenues of the same, from whatever Source, arising within the said Colony, including all Royalties, Mines, and Minerals, shall be vested in the Legislature of the said Colon: Provided, that so much of the Acts of the Thirteenth and Fourteenth Years of Her Majesty, Chapter Fifty-nine, and Fifth and Sixth Years of Her Majesty, Chapter Seventy-six, mentioned in the said Schedule, as relates to the Constitution, Appointment, and Powers of the Legislative Council of the said Colony of New South Wales shall continue in force until the First Writs shall have issued for the Election of Members to serve in the House of Assembly, in pursuance of the Provisions of the said reserved Bill, amended and assented to as aforesaid, but no longer: Provided, that nothing herein contained shall affect or be construed to affect any Contract or to prevent the Fulfilment of any Promise or Engagement made by or on behalf of Her Majesty, with respect to any Lands situate in the said Colony, in Cases where such Contracts, Promises, or Engagements shall have been lawfully made before the Time at which this Act shall take effect within the said Colony, nor to disturb or in any way interfere with or prejudice any vested or other Rights which have accrued or belong to the licensed Occupants or Lessees of any Crown Lands within or without the settled Districts, under and by virtue of the Provisions of any of the Acts of Parliament so repealed as aforesaid, or of any Order or Orders of Her Majesty in Council issued in pursuance thereof.
III Provisions of former Acts respecting the Allowanceand Disallowance of Bills preserved.
III. The Provisions of the before-mentioned Act of the Fourteenth Year of Her Majesty, Chapter Fifty-nine, and of the Act of the Sixth Year of Her Majesty, Chapter Seventy-six, intituledAn Act for the Government of New South Wales and Van Diemen's Land, which relate to the giving and withholding of Her Majesty's Assent to Bills, and the Reservation of Bills for the Signification of Her Majesty's Pleasure thereon, and the Instructions to be conveyed to Governors for their Guidance in relation to the Matters aforesaid, and the Disallowance of Bills by Her Majesty, shall apply to Bills to be passed by the Legislative Council and Assembly constituted under the said reserved Bill and this Act, and by any other Legislative Body or Bodies which may at any Time hereafter be substituted for the present Legislative Council and Assembly.
IV Power to repeal and alter the Provisions of thereserved Bill.
IV. It shall be lawful for the Legislature ofNew South Wales to make Laws altering or repealing all or any of the Provisions of the said reserved Bill, in the same Manner as any other Laws for the good Government of the said Colony, subject, however, to the Conditions imposed by the said reserved Bill on the Alteration of the Provisions thereof in certain Particulars, until and unless the said Conditions shall be repealed or altered by the Authority of the said Legislature.
V Boundaries of the Colonies of New South Wales andVictoria along the River Murray defined.
V. 'And whereas by the before-mentioned Act of the Fourteenth Year of Her Majesty, Chapter Fifty-nine, it is amongst other things enacted, that the Territories therein described as bounded on the North and North-east by a straight Line drawn fromCape Howe to the nearest Source of the River Murray , and thence by the Course of that River to the Eastern Boundary of the Colony of South Australia , should be erected into a separate Colony to be known and designated as the Colony of Victoria: And whereas Doubts have been entertained as to the true Meaning of the said Description of the Boundary of the said Colony:' It is hereby declared and enacted, That the whole Watercourse of the said River Murray , from its Source therein described to the Eastern Boundary of the Colony of South Australia , is and shall be within the Territory of New South Wales: Provided nevertheless, that it shall be lawful for the Legislatures and for the proper Officers of Customs of both the said Colonies of New South Wales and Victoria to make Regulations for the levying of Customs Duties on Articles imported into the said Two Colonies respectively by way of the River Murray , and for the Punishment of Offences against the Customs Laws of the said Two Colonies respectively committed on the said River, and for the Regulation of the Navigation of the said River by Vessels belonging to the said Two Colonies respectively: Provided also, that it shall be competent for the Legislatures of the said Two Colonies, by Laws passed in Concurrence with each other, to define in any different Manner the Boundary Line of the said Two Colonies along the Course of the River Murray , and to alter the other Provisions of this Section.
VI Provision for the Separation of Portions of theTerritory of New South Wales.
VI. If Her Majesty shall at any Time exercise the Power given to Her by the said reserved Bill of altering the Northern Boundary ofNew South Wales , and if She shall in the Exercise of such Power separate from the said Colony any entire Electoral Districts, the Electoral Districts so separated shall cease to return Members to the Assembly of New South Wales; and if She shall, in the Exercise of such Power as aforesaid, separate from the said Colony any Portions of Electoral Districts, the remaining Portions not separated shall...
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