Page "South Australia" Paragraph 9

The land which now forms the state of South Australia was claimed for Britain in 1788 as part of the colony of New South Wales.

Although the new colony included almost two thirds of the continent, early settlements were all on the eastern coast and only a few intrepid explorers ventured this far west.

It took more than forty years before any serious proposal to establish settlements in the south-western portion of New South Wales were put forward.

In 1834, the British Parliament passed the South Australia Act 1834 ( Foundation Act ), which enabled the province of South Australia to be established.

The act stated that would be allotted to the colony and it would be convict-free.

In contrast to the rest of Australia, terra nullius did not apply to the new province.

The Letters of Patent attached to the Act acknowledged Aboriginal ownership and stated that no actions could be undertaken that would affect the rights of any Aboriginal natives of the said province to the actual occupation and enjoyment in their own persons or in the persons of their descendants of any land therein now actually occupied or enjoyed by such natives.

Although the patent guaranteed land rights under force of law for the indigenous inhabitants it was ignored by the South Australian Company authorities and squatters.