Our First Half-Century: A Review of Queensland Progress Based Upon Official Information

by Queensland

The last comprehensive Act, extending over 101 pages of the Statute-book, was passed in 1897, and it still remains the principal Land Act, upon which all subsequent amending measures have been grafted.

It is fitting to set out briefly what are the modes by which it is sought to secure settlement on the public lands of the State after half a century of legislation.[^a] There is, first, the agricultural farm, in areas up to 1,280 acres on a tenure of twenty years and paying an annual rental of one-fortieth part of the purchasing price, such rentals being actually instalments of the price, and leaving only one-half of the price to be paid at the end of the term. The price cannot be lower than 10s. per acre, and there are conditions of occupation and improvement to be performed. There is the agricultural homestead in areas ranging up to 640 acres, the area varying inversely with the quality of the land. This form of settlement is subject to conditions of personal residence and improvement. The homesteads are capable of being converted into freeholds after five years and up to ten years for a total price of 2s. 6d. per acre, payable at the rate of 3d. per acre per annum. There is the unconditional selection in areas up to 1,280 acres, with no conditions to perform but the payment of rent during twenty years at the rate of 5 per cent. of the purchasing price each year, the purchasing price being one-third higher than that at which the land was available for agricultural farm selection. There are the grazing selections in the remoter districts in areas up to 60,000 acres. These selections are not capable of being made freehold, but are held on leasehold tenures of 14, 21, or 28 years, at rentals ranging from ½d. to 6d. per acre per annum, and subject to conditions of occupation and fencing. There are the scrub selections not exceeding 10,000 acres each, intended to secure the destruction of useless scrub in the remoter districts and the conversion of the land into good pasture. The tenure is purely leasehold, with a term of thirty years and at a peppercorn rental for a period having relation to the extent of scrub to be destroyed. Leasehold tenures are preferred for the remoter lands, and they have the advantage of leaving the settler's capital free for the development of his land. In case any should prefer a leasehold tenure in the more closely settled districts, the law now provides for the substitution of "perpetual leases" for the agricultural farm tenure.

The rapid spread of the prickly pear in some parts of the State has been a peremptory call for the occupation of the threatened country on any terms. Provision has accordingly been made for prickly pear selections under conditions of eradicating the pest, the value of the land being assessed at rates ranging from a sum paid by the Government to the settler in addition to a free gift of the land, to a sum perhaps as high as £1 per acre to be paid by the settler to the Crown, such payments being in annual instalments of one-fifth or one-tenth, and commencing ten or five years respectively after the commencement of the lease, the period of exemption from payment having to be devoted to the task of eradication.

Until 1901 the competitive principle was general in the selection of Crown lands, but in that year provision was made by a special Act to allot land non-competitively to bodies of settlers coming from abroad, who naturally desired to be assured of obtaining land in proximity to each other before pulling up their stakes and migrating to a new sphere of activity. Successive amendments have been made in this law, and, while in its inception it had application only to agricultural homestead selection, it has since been extended to all forms of selection tenure.

The great drought, which ended in 1902, has stamped its mark indelibly upon the land legislation of the State. The earliest cry for relief came from the far West, where the remaining tenancies under the Pastoral Leases Act of 1869 chiefly lay. Large tracts of country had become forfeited, and the Crown tenants, unable to hold on to the remnants of their runs at the rents chargeable under their leases, applied for relief. To meet their case, the Pastoral Leases Act of 1900 was passed, which required the reoccupation of the abandoned country at nominal rents, and reduced the rents of the retained country to an extent that secured the reoccupation of 13,000 square miles. In the following year the Pastoral Holdings New Leases Act promised the relief of extended leases to the holders of pastoral country in the rest of the State, where the Act of 1884 operated; but the drought still continuing, a further appeal was made to Parliament, and in the Pastoral Leases Act of 1902 opportunity was given to lessees to secure extensions of leases up to forty-two years according to situation, subject to reappraisement of rent and to certain rights of resumption reserved to the Crown. The chief desideratum of the lessees was extended tenures to enable them to finance on more favourable terms and recover from their immense drought losses. In consideration of this concession and the surrender of resumption rights which it involved, the State had to look for increased rentals. The reassessments of the rentals under the new leases, however, have not compensated the State for the large concessions made to its tenants.

The Closer Settlement Act of 1906 superseded the Agricultural Lands Purchase Acts, 1894 to 1901. These statutes provide for the acquisition by the Government of private estates for the purpose of subdivision and sale in areas adapted for closer settlement, payments being extended over twenty-five years. The principle is not quite impervious to criticism, for unless great prudence is exercised the acquisition of these large estates has a tendency to raise the value of agricultural land; but a few figures showing the settlement which has taken place furnish convincing proof that the primary object of the Legislature has been achieved, and that rich arable lands, which previously produced nothing but natural grasses for the sustenance of sheep and cattle, have become the homes of many hundreds of thriving yeomen farmers and the support of numerous rising townships. Since the passage of the first of these Acts in 1894, a total area of 537,449 acres has been repurchased at a cost of £1,490,489. Of this area 456,742 acres had been surrendered by the former owners at the close of 1908. By the same date 364,334 acres had been selected at an aggregate price of £1,050,864, and 10,677 acres, with the improvements thereon, had realised £70,727 at auction, the purchasing price of the whole area disposed of amounting to £1,144,081. The area remaining in the hands of the Government, after deducting roads and reserves, was 78,781 acres, valued at £264,200, almost entirely consisting of land only recently acquired and not yet offered for settlement. On 31st December last, no less than 1,654 agricultural selectors, the majority with families, and holding among them 1,909 selections, were settled upon what but a few years ago were twenty-six sheep and cattle stations, with a mere handful of employees.

It has been mentioned that the Alienation of Crown Lands Act of 1860 provided for granting to any immigrant who had paid his passage-money, or to any other person by whom it had been paid, an £18 land order on arrival, and a further land order for £12 after he had resided two years in the colony. These land orders were made receivable as cash at any Crown land sale, and they led to a large traffic, as the fact that land orders could be bought from immigrants at a discount stimulated the demand for land, especially for town lots. At first these instruments could be bought at very low prices, but after a time the £18 land order had become of the recognised market value of £15 to £16 cash, and could be readily purchased at those prices from agents in Queen-street, Brisbane. But the effect upon land sales revenue alarmed the Government, and after a time they refused to receive land orders as payment in lieu of cash at sales of other than country land. In 1864 an Immigration Act was passed providing for the appointment of an Agent-General for Emigration in London, and for the repeal of the land-order sections of the 1860 Land Act. A new provision was made by which the Agent-General was empowered to issue to an approved passenger in London who had paid his passage-money a land-order warrant for £30. On arrival in the colony the passenger was granted in exchange for the warrant a non-transferable land order receivable as cash at face value at sales of suburban and country lands only. These restrictions lowered the market price of the instrument, although by means of a power of attorney the non-transferable provision was for a time evaded. Eventually, however, the restrictions were made so severe that for market purposes the land order was worth little, and immigrants who had come out and failed to settle on the land found themselves in possession of a document of no practicable value. The extent to which the land-order traffic prevailed will be understood when it is mentioned that, in 1865, of £218,431, the total revenue from land sales, only £59,461 was cash, the remainder being represented by land orders. By 1875 the system had become discredited, and was abolished by legislation, but outstanding land orders were still used. In 1883-4 the amount so received had fallen to £16, while the cash receipts for sales were £378,637. The total value of land orders received as cash between 1861 and 1883-4 was £853,583. Some public men have contended that, if the initial practice of receiving the land order at face value in payment for any Crown land sold at auction had been continued, the Treasury would have been recouped by the larger demand and higher prices realised, but obviously a system which stimulated speculation in land was not good for the country, besides which it encouraged dummying. In 1886 the Griffith Government determined to give the system a further trial, and in the Crown Lands Act Amendment Act of that year power was given to the Agent-General to issue land-order warrants to persons paying their own passages to Queensland. Each member of a family of twelve years of age and upwards was entitled to a £20 land order, and each child between the ages of one and twelve entitled the parent to a land order for £10. The land orders were not transferable, except in case of death, and were available for ten years for the payment of rent of Crown lands acquired by the immigrant. The Act authorising the issue of these land orders was repealed in 1894. The value of land orders issued under the Act amounted to £62,140, and of this sum only £8,956 was utilised. The great majority of the immigrants who received the orders had no desire to go on the land, and as the orders were not transferable they lapsed at the expiration of their currency to the extent of 85 per cent. of the whole.

[Footnote a:] For fuller details regarding various forms of land selection, see Appendix E, post.