Crown Lands Occupation Guide

Categories of land records prior to 1856

Historical Background

By a Government order on 5 September 1826 Governor Darling created an area known as the 'limits of location'. Settlers were only allowed to take up land within this area. A further Government order on 14 October 1829 increased this area of approved settlement to include an area called the Nineteen Counties.

From the earliest days of the Colony there was some unauthorised occupation of Crown Lands both within and outside the 'limits of location' and outside the Nineteen Counties. Various acts and regulations were in operation from as early as 1824 in an attempt to curb this type of settlement, which we often refer to as squatting. As a result of these legislative measures, such authorised occupations as grazing leases and depasturing licences were introduced to regularise settlement on Crown Land.

In 1833 the Encroachment Act authorised the Government to appoint 13 Commissioners of Crown Lands in an attempt to prevent the extensive unauthorised occupation of Crown Land. Occupation of Crown Land continued to spread outside the nineteen counties. In 1836 the Legislative Council passed the first Act to legalise and regulate squatting, giving squatters grazing rights beyond the Nineteen Counties for £10 per year.

In 1847 the colony was divided into three categories - Settled, Intermediate and Unsettled. The Settled area included the nineteen counties and leases were granted for one year, rental estimated according to livestock carrying capacity. In the Intermediate area leases were for eight years. Leases were granted for fourteen years in the Unsettled area.

The Robertson Land Acts introduced a new system of land occupation in 1861. All Crown Land, including that held on pastoral lease, was open to free selection without survey (conditional purchase). The tenure of pastoral leases was reduced. These Acts determined the land system of New South Wales until 1884.

Within the Settled Districts

Colonial Secretary

Outside the Settled Districts

As well as the records listed below researchers should also consult the correspondence of the various Commissioners of Crown Lands, listed in the catalogue, under the headings Colonial Secretary, Commissioners of Crown Lands, Lands, Surveyor General and Treasury.

Colonial Secretary

Treasury

Commissioner of Crown Lands - Portland Bay

Additional sources

Surveyor General

Further information

Further information relating to land may be found by consulting the catalogue under the following headings:

• Colonial Secretary
• Court of Claims
• Lands
• Registrar General
• Surveyor General
• Treasury

*ARK signifies that a copy of the record or guide is part of the Archives Resources Kit and is held by the community access points.​