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ANNO QUINTO & SEXTO
VICTORIE REGINA.

OAP. XXXVI.
An Act for regulating the Sate of Waste Land belonging to the
Crown in the Australian Colonies. [22d June, 1842.]

Waste Lands
of the Crown
to be disposed
of according to
the Regulations
contained in
this Act.
WHEREAS it is expedient that an uniform System of disposing of the Waste
Lands of the Crown in the Australian 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 Parlia-
ment 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 hereinafter prescribed, and not otherwise.

Not to be alien-
ated except by
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 Person 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 Safe, nor unless such
Sales be conducted in the Mandet and according to the Regulations hereinafter
prescribed.

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
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, whe-
ther 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, of 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 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.

Lands to be
surveyed before
sold.
IV. And be it enacted, That, save as hereinafter 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 the said 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.

Governor authorized to
Convey the
Lands.
V. And be it enacted, That, under and subject to the various Provisions and
Regulations hereinafter 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 In-
terest, 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.