South Australia's 'Leases of the Waste Lands of the Crown'
On 1 July 1851 a new system for the leasing of land took effect in South Australia. Leases were now to include the following caveat:
'RESERVING NEVERTHELESS AND EXCEPTING out of the said demise to Her Majesty her Heirs and Successors for and on account of the present Aboriginal Inhabitants of the Province and their descendants and to the said present Aboriginal Inhabitants of the Province and their descendants during the continuance of this demise full and free right of ingress egress and regress into upon and over the said Waste Lands of the Crown hereby demised and every part therof and in and to the springs and surface water thereon he the said [lessee] for himself his Executors Administrators and Assigns hereby covenanting and agreeing with Her Majesty her Heirs and Successors and with and to his Excellency...that the said Aboriginal Inhabitants and their descendants shall and may at all times during this demise use occupy dwell on and obtain food and water theron and every part therof unobstructed by the said [lessee]...and shall and may make and erect such wurlies and other dwellings as they have heretofore been accustomed to make and erect and to take and use for food birds and animals ferae naturae in such a manner as they would have been entitled to do if this demise had not been made...'
'RESERVING NEVERTHELESS AND EXCEPTING out of the said demise to Her Majesty her Heirs and Successors for and on account of the present Aboriginal Inhabitants of the Province and their descendants and to the said present Aboriginal Inhabitants of the Province and their descendants during the continuance of this demise full and free right of ingress egress and regress into upon and over the said Waste Lands of the Crown hereby demised and every part therof and in and to the springs and surface water thereon he the said [lessee] for himself his Executors Administrators and Assigns hereby covenanting and agreeing with Her Majesty her Heirs and Successors and with and to his Excellency...that the said Aboriginal Inhabitants and their descendants shall and may at all times during this demise use occupy dwell on and obtain food and water theron and every part therof unobstructed by the said [lessee]...and shall and may make and erect such wurlies and other dwellings as they have heretofore been accustomed to make and erect and to take and use for food birds and animals ferae naturae in such a manner as they would have been entitled to do if this demise had not been made...'
Keywords: coexistence, crown land, doctrine of tenure, pastoral industry, pastoral lease, South Australia, 1851
Foster, Robert 1998, 'The origin of the protection of Aboriginal rights in South Australian pastoral leases', 'Land, Rights, Laws: Issues of Native Title Issues', Paper no.24 1998, p 6.
Author: Rowse, Tim and Graham, Trevor
Author: Rowse, Tim and Graham, Trevor