V - LAND LEGISLATION AND SETTLEMENT

Summary

When the Orders-in-Council of 1847 were published, it was supposed that a final settlement of the land question had at last been reached. But the settlement had been arranged in England and was greatly disapproved by the majority of persons in Australia not directly interested in pastoral pursuits, who felt that the vital interests of the colony had been sacrificed to placate a small, albeit rich, minority. But the Colonial Office having sanctioned the issue of the regulations, and Governor Gipps having quitted office, there was no one strong enough to maintain the popular cause, and no one in the governing circles of the colony who had an idea other than of carrying out to its logical conclusion the intention of the Orders of 1847. There were, however, some very important details to be settled before the full effect of the new law could be obtained. Three of these were of major consequence to the squatters—the settlement of the boundaries of the squattages, the issuing of the leases, and the definition of the right retained by the Crown to make reservations, which would curtail the privilege of pre-emption granted by the Orders-in-Council.

As regards the leases, it was originally provided that every pastoral tenant should, as soon as possible, make out, for the use of the Government, descriptions of the boundaries of his run, which should be sufficiently accurate to allow of a lease being drawn up from them.