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Download (14Mb) - VUIR - Victoria University

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[the] expertise of the Italians was in land use and so they tumed their<br />

skills to the utilization of the land that became available for sale as a<br />

resuU of widespread demands by the ex-gold diggers.*'<br />

Not until the 1860s, however, when the govemment of the Colony released land on<br />

favourable conditions to the ex-miners, could the Italian speakers take up the 'call of<br />

the land'.<br />

Previously Australia's early settlement legislation had been affected by a<br />

number of economic, social and political factors, among the most important being the<br />

character of the initial settlement and the growth of the country's population and<br />

resources. Land law had been based on the principle that all land in British possession<br />

was vested absolutely in the Crown and private property rights could only be derived<br />

from the Crown. By the Waste Land Repeal Act of 1855, the British Parliament<br />

vested in the new colonial legislature the entire control and management of waste<br />

(unalienated) land of the Crovm wdthin their respective territories. Land settlement<br />

policies underwent several major changes during four periods: the Period of Free<br />

Grants (1788-1831), Land Sales and Pastoral Licences (1831-1861), Selection before<br />

Survey (1861-1894) and the Period of Experimentation and Reform (1894 onwards).*"*<br />

During the first period ~ Free Grants ~ the early govemors were empowered<br />

to make free grants to emancipated convicts, free settiers, marines and officers, the<br />

maximum area permitted varying according to the status of the grantee and his marital<br />

state. In the second period ~ Land Sales and Pastoral Licences ~ the land policy was<br />

based on a theory of colonisation propounded in 1829 by Edward Gibbc. Wakefield.<br />

Free grants were abolished in favour of sale by auction without restriction as to area<br />

299

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