Lands Department, predecessor and successor agencies (GRG35)

DEPARTMENTAL HISTORY

As a contribution to the State's Jubilee 150 celebrations, a brief Departmental history has been prepared, with particular reference to the Department's place in the community and its influence on the lives of South Australians today. It is expected that this will be published later in 1986 under the title The Measure of the Land.

The following is an outline of the main administrative developments that have shaped the Department since 1836. (1)

Survey and Land Administration

When the United Kingdom Government agreed to the foundation of South Australia it set up a Board of Colonisation Commissioners to supervise the survey and sale of land and emigration of labourers (whose passage to South Australia was to be paid from the proceeds of land sales). The Commissioners appointed a Resident Commissioner, James Hurtle Fisher, and a Surveyor-General, William Light, to carry out these functions in the Colony. They began duties in 1836.

The office of Surveyor-General has continued ever since, and from time to time has included responsibility for various activities in addition to surveying.

The Resident Commissioner was responsible for the sale of Crown land through the Land Office. The position of Resident Commissioner was combined with that of Governor in 1838 and abolished two years later.

The Land Office was placed under the Surveyor-General in December 1841 as an economy measure, but maintained its identity. It became the Land Tenure Administration Branch in August 1985. (2)

To control pastoral occupation of Crown land, Charles Bonney was appointed Commissioner of Public (or Crown) Lands, independent of the Surveyor-General, in 1842. His office came to be known as the Crown Lands Department.

In 1857, following the election of the first South Australian Parliament, Bonney became the first Minister responsible for the Survey and Crown Lands Department. The ministerial title "Commissioner of Crown Lands and Immigration" continued, sometimes without the "Immigration", until it was changed to "Minister of Lands" in 1944. The Surveyor-General was the head of the Department, which was organised into a Survey and Land Branch (surveyors, draftsmen and the Land Office) and a Waste Lands Branch (Crown lands rangers).

A photolithographer was added to the Department staff in 1867. His organisation's main function was to print maps for all Government departments but it also printed photographs to illustrate Government publications. A. Vaughan was Government Photolithographer between 1897-1921. The Photolithographic Branch was transferred to the Government Printing Office in July 1973.

In the late 1860s the system of cash sales of Crown land was replaced by two alternatives - credit sales and 21 year leases of land for farming. (3) In 1871 an Inspector and Valuator of Lands purchased on Credit was appointed to ensure that the terms of sale or lease were complied with. He and his staff were known as the Credit Lands Department from 1881 to 1896, after which they were listed in the Survey and Crown Lands Department under the heading "Inspectors and Rangers"

Two long-standing boards began in the late nineteenth century: The Land Board in 1886 to allot leases of land to farmers (doing away with the system of bidding for leases) (4) and the Pastoral Board in 1893 to supervise the pastoral industry beyond the fringes of the agricultural areas. (5)

An Expert for Village Settlements was appointed in 1896 to assist the communities of fruit growers who held Crown leases at selected sites on the River Murray. (6) Reclamation of swamps along the lower reaches of the River in the early twentieth century became his responsibility, and in 1910 he and his staff became the Irrigation and Reclamation Department. This was replaced by the irrigation and Reclamation Commission in 11923 and then the Irrigation and Drainage Commission (including South-Eastern drainage) in 1926. (7) A new portfolio of Minister of Irrigation was created and over the next 20 years given to one or other of the ministers - more often than not it was someone other than the Commissioner of Crown Lands. (8)

The Advances to Settlers Board was created in 1908 to administer loans to the Department's tenants for capital improvements to their farms. (9) The inspectors and clerks appointed to serve this Board were merged with similar staff to form the Inspectors Branch in the early 1930s.

There was a major re-arrangement of portfolios under the Commissioner of Crown Lands in 1917. The Survey and Crown Lands Department was renamed the Lands and Survey Department. The Surveyor-General was no longer departmental head, becoming responsible to the Secretary for Lands (a new position). An Assistant Secretary fior Lands replaced the Deputy Surveyor-General. Administrative work was concentrated under the Secretary in the Chief Clerk's Office. This reflected a shift in emphasis from surveying to land administration, as the cadastral survey had covered most of the arable land in the State and the Department now supervised a large number of tenant farmers as well as pastoral lessees. After the Second World War the Chief Clerk's Office became the Correspondence Branch although the old name continued in informal use. The agricultural areas of the State were divided into seven districts each with a resident inspector to look after the Department's interests and enable it to extricate its tenants from financial difficulties. This was the beginning of the present network of regional offices.

During and after the First World War arrangements were made to settle some of the returning soldiers on the land, and the Soldier Settlement Branch was transferred from the Department of Agriculture to the Lands and Survey Department in 1919. (10)

In 1931 the name of the Department was changed to Department of Lands and the title of the permanent head to Director of Lands. At the same time the Irrigation and Drainage Commission was disbanded. Most of its staff were transferred to the Department of Lands to form the Irrigation Branch and support services to the newly created South-Eastern Drainage Board. (11)

The Engineering and Water Supply Department was made responsible for drainage in July 1977 and for irrigation in July 1978.

The Lands Development Executive

In a bold departure from previous practice, and in anticipation of plans to settle returning war servicemen on the land, the Lands Development Executive was established in 1945 to clear land and provide basic improvements, including housing, fencing and water supply, before the land was allotted to the selected applicants. By 1960 its name had become the Lands Development Branch and it was beginning to wind down, there being very little suitable virgin land left to develop. (12)

The Lands Development Executive continued the work of the Crown Lands Development Committee. The terms of reference of the Lands Development Executive were:

(1) To carry out as required, the initial investigation and submit recommendations in respect to the suitabliity of land for consideration under the provisions of the Land Settlement Act, 1944, and

(2) Where Crown Lands or lands acquired are approved for development, to undertake the development of such lands in terms of the Crown Lands Development Act, 1943.

With the enactment of the War Service Land Settlement Agreement Act of 1945, the Executive became responsible for the development of lands approved by the Commonwealth for the settlement of ex-servicemen.

The organisation consisted of the Secretary, later Chief Executive Officer, a Supervisor of Settlements, a Livestock Officer and a number of supervisor and overseers for agriculture and equipment. The Executive had at its disposal plant, including tractors, ploughs and combines. Branch offices were established at Penola and Kangaroo Island. Homes for settlers were built by the South Australian Housing Trust (22).

The War Service Land Settlement Agreement between the Commonwealth and State Governments in 1945 gave birth to the War Service Settlement Branch. This absorbed the remaining work of the Soldier Settlement Branch created after the First World War. (13)

NOTE: A fire on 10 November 1924 destroyed many of the records of the Soldier Settlement Branch. The Branch was located in the H.C. Richards building in Currie Street, Adelaide.

The formation of the Photogrammetry Section in 1947 marked the beginning of rapid technological change that is still going on.

During the financial year 1965-1966 the Department was re-organised into divisions and reshaping of the branches was begun. By 1970 the following structure had been created: The Correspondence, Stores and Vermin Branches and the Land Office were gathered into the Administrative Division, which then consisted of a Secretariat, the Land Office, Standards and Stores Branch and Vermin Control Branch. The Accounts Branch became the Finance Division. The Surveyor-General's and Photolithographic Branches. The Inspectors, Irrigation, War Service Settlement and Lands Development Branches were gathered into the Land Settlement Division, which had a Head Office, Superintendent Dry Lands, Superintendent Irrigation Areas, District Inspectors and District Offices. The Land, Pastoral, and South-Eastern Drainage Boards continued with their supporting staff. (14)

Another major change took place in 1976 when the Registrar-General's and Valuation Departments were merged with the Department of Lands, and the title Director of Lands was changed to Director-General of Lands. It was changed back to Director of Lands in 1983. (15)

(Origins of the Department of Lands are set out in Appendix 'B', manual series list)

Registration

A Registrar-General was appointed in 1840 and registration of deeds was made compulsory under the Registration of Deeds Act 1841. This office included registration of births, deaths and marriages until 1857.

The Real Property Act 1858 introduced the "Torrens system" of certificates of title to real estate. The renamed Registrar-General of Deeds Department was placed under the Attorney-General. It was divided into two branches: Registry of Deeds and Lands Titles Registration, now commonly known as the General Registry Office and the Lands Titles Office. The Attorney-General was the responsible minister for the next 118 years. (16)

While the basic duties of the Registrar-General of Deeds have remained the same, he has also, at various times, held responsibility for building societies, patents, trade marks and copyright and the Town Planner. From 1970 to 1976 his department again included registration of births, deaths and marriages. The title Registrar-General of Deeds was changed back to Registrar-General in 1970 and has continued since the merger with the Department of Lands.

Valuation

In 1873 the first position of "valuator" was created in the Waterworks Department. The latter became the Hydraulic Engineer's Department which had a fairly complex history, being more than once joined to the Engineer-in-Chief's Department and separated from it until the two were finally merged to form the Engineering and Water Supply Department in 1929. (17)

The introduction of land tax in 1884 necessitated the valuation of all land in private ownership. The Land and Income Tax Department, under its permanent head, the Commissioner of Taxes, appointed tis own assessors.

In 1925 this Department became the Land and Income Tax and Stamp Duty Department, and this name was shortened to Taxation Department in 1928. (18) At that time it was divided into five branches: Income, Administrative, Land Tax, Stamp Duity and Succession Duties. The Stamp and Succession Duties Department was separated from it in 1936.

After collection of income tax had become a Commonwealth function in 1942, the Taxation Department was renamed the Land Tax Department. (19)

The valuation units in the Land Tax and Engineering and Water Supply Departments were merged to form the Valuation Department in 1968. (20) This was arranged in two divisions: The Valuation Division, with two branches (Metropolitan and Rural) and the Administrative Division, with three branches (Valuation Roll, Automatic Data Processing and Drafting). The title of the permanent head became Valuer-General in 1971. (21)

(See Origins of the Valuation Department at Appendix 'C', manual series list)

Following the merger of the two smaller departments with the Department of Lands in 1976, it became necessary to set up a new divisional structure: Registrar-General's Office, Valuer-General's Office, Survey Division, Land Resource Management Division, Management Services Division and Administration and Finance Division. The last two were combined into the Operations Services Division in 1985.

A chart of Administrative Developments 1836-1970 is included as Appendix 'A'.

Origins of other Departments

Mines : The discovery of copper prompted the appointment of a Mine Surveyor in the Commissioner of Crown Lands Department in 1847. When G.W. Goyder became Surveyor-General in 1861 he was also Inspector of Mines. The Mines and Goldfields Department was created in 1889 and combined with the Government Geologist in 1893 fto form the Mines Department. The Commissioner of Crown Lands was also Minister of Mines from then until 1917.

Agriculture : The first Professor of Agriculture and Principal of the Agricultural College was appointed in 1881. By 1890 the latter was referred to as the Agricultural College and Experimental Farm, and there was also a Central Agricultural Bureau with 41 branches. Roseworthy College and the Department of Agriculture grew from these beginnings.

Woods and Forests : The appointment of a Forest Board under the chairmanship of the Surveyor-General in 1875 led to the creation of the Woods and Forests Department, responsible to the Commissioner of Crown Lands, 1882. It was transferred to another minister in 1917.

Highways, Local Government : From the beginning, the laying out of country roads was a survey function. From 1839 to 1861 the Surveyor-General was responsible for building roads and bridges. Then the Commissioner of Public Works supervised central and local boards of main roads. These were abolished in December 1887 and a Roads Department was set up under the Commissioner of Crown Lands and Immigration. This was combined with the newly created Local Government Department in 1917. Administration of local government legislation had previously been done in the Commissioner of Crown Lands Office. The Local Government Department, including roads engineers, was transferred to the Minister of Agriculture in 1923.

Tourism : The Tourist Bureau was established under the Commissioner of Crown Lands in 1908 and transferred to the Minister of Education in 1917.

Botanic Garden : Although not begun under the Commissioner of Crown Lands, this small department was one of his portfolios from 1871 to about 1930.


Other responsibilities held by the Commissioner of Crown Lands or Minister of Lands and passed on to other ministers have included Immigration, Protectors of Aborigines, Sheep Inspectors (later the Stock and rands Department) Vermin Control, Water Conservation, Standard Weights and Measures, Public Cemeteries, South-Eastern Drainage (which alternated between the Commissioner of Crown Lands and the Commissioner of Public Works and was soetimes shared by them).

Honour Roll

Notable people in the Department include Colonel William Light, first Surveyor-General, his deputy, G.S. Kingston; J.H. Fisher, first Resident Commissioner; C. Sturt, second Surveyor-General, then Assistant Commissioner in charge of the Land Office, then the third Registrar-General; C. Bonney, Commissioner of Crown lands (as a public servant) then the first Commissioner of Crown Lands and Immigration (as Minister responsible for the Survey and Crown Lands Department) and later Inspector and Valuator of Lands purchased on Credit; R.R, Torrens, who steered the Real Property Act through Parliament and implemented it as a Registrar-General; W.BT Andrews, who succeeded Torrens and held office from 1865 to 1889; G.W. Goyder, who, as Surveyor-General from 1861 to 1893, dominated his department, inspired the formation of two new departments that are still functioning and exerted a significant influence on others; S McIntosh, Expert for Village Settlements and head of the Irrigation and Reclamation Department; C.A,. Reiners, Commissioner of Land Tax from 1948 to 1961; G.A. Jessup, Registrar-General from 1942 to 1961. These men are honoured because their achievements far outshone their imperfections. They would have achieved nothing without the professional and clerical officers who are documented in the Public Service Lists, and labourers whose names are not recorded.

J. Love
Department of Lands
1986 (and others as amended)

From the 'South Australian Gazette and Colonial Register' of Saturday 26th January, 1839:

Disastrous Fire. - On Tuesday afternoon about two o'clock, a fire broke out in the private residence of Mr. Fisher, which, being composed of reeds, was in a very few moments entirely consumed. The flames communicating to the Land Office and other wooden buildings attached, they speedily shared the same fate. A strong south-westerly wind carrying a stream of flame towards the Survey Office, the work of devastation did not cease until that and the private residence of Colonel Light were also reduced to ruins. The whole of this awful and distressing scene did not occupy the space of more than half an hour. The loss of private property has been great; but we are happy to say that few official papers or documents of public importance have been destroyed; and in the Survey Office, owing to the presence of some of the assistant surveyors and draftsmen, most of the maps and furniture were saved. The losses sustained by both families are considerable; but among those of Colonel Light, which may be regarded as irreparable, were his portfolios of drawings made during his residence in the Peninsula and in Egypt, and a private journal of the last thirty years of his life. The immediate cause of the fire does not appear to be known, as it had already made considerable progress in the thatch before it was perceived".

Some records of the Lands Office appear to bear evidence of this fire.


Timeline:

Surveyor-General's Department, 1836-1917
[Commissioner of Crown Lands and Immigration, 1856-1892
Commissioner of Crown Lands, 1892-1944]
Survey and Crown Lands Department, 1857-1917
Lands and Survey Department, 1917-1930
Department of Lands, 1930 - 1992
Department of Environment and Land Management, 1992-1993
Department of Environment and Natural Resources (I), 1993-1997
Land Services Group, 1997-ct

Sources:

SAGG means South Australian Government Gazette
SAPP means South Australian Parliamentary Paper or Papers

(1) This outline administrative history was written for the Department's Annual Report 1985/86. It was compiled mainly from Public Service Lists, formerly called Blue Books (GRG 44/79/1838 - 1865, then published as SAPP) and the Department's Annual Reports (published as SAPP since 1894). The internal structure of departments as shown in the Public Service Lists sometimes appears to be more theoretical than practical - compare note 14. Additional sources are cited below.

(2) SAGG 5 September 1985

(3) Act 21 of 1866/67, the Scrub Lands Act, and Act 14 of 1868/69, Waste Lands Amendment Act.

(4) Acts 393 of 1886, 444 of 1888, 584 of 1893 and 802 of 1902. Several District Land Boards were established in 1888 and a Central one in 1893. They were abolished in favour of a single Land Board in 1902.

(5) Act 585 of 1893, Pastoral Act.

(6) Compare Act 584 of 1893, Crown Lands Amendment Act, Part VII Village Settlements.

(7) SAPP 76 of 1923/24, 69 of 1925, 52 of 1926, 52 of 1930; Act 1781 of 1926, South Eastern Drainage Act.

(8) Statistical Register of the South Australian Legislature, published as SAPP from time to time.

(9) Act 960 of 1908, Advances to Settlers on Crown Lands Act.

(10) Le Lacheur, H.: War service land settlement in South Australia. An account of the schemes, policies and administrative arrangements after two world wars. Unpublished M.A. thesis in the Barr Smith Library, University of Adelaide.

(11) SAPP 5 of 1931, Public Service Commissioner's Annual Report; Acts 2000 and 2062 of 1931, South-Eastern Drainage Acts.

(12) Act 20 of 1943, Crown Lands Development Act: Department of Lands, South Australia, Progress in Land Development (Non Irrigation) 1961 and earlier issues.

(13) Le Lacheur, H.: Op.cit.

(14) The Public Service List 1970 shows the South-Eastern Drainage Board as part of the Land Settlement Division. This may have been so for internal administrative purposes but the Board continued to report direct to the Minister, as required by its Act.

(15) SAGG 29 April 1976 and 8 September 1983.

(16) For most of this period the internal structure of the Department is not shown in Public Service Lists.

(17) SAPP 5 of 1930, Public Service Commissioner's Annual Report.

(18) SAPP 5 of 1928, Public Service Commissioner's Annual Report.

(19) Australian Encyclopaedia, 19578, volume 8, article on Taxation; SAPP 9 of 1945 and 9 of 1946, Estimates of Expenditure for years ending 30 June 1946 and 30 June 1947. The department responsible for taxation was never very large and, apart from the years 1928 - 1935, its internal structure is not shown in Public Service Lists.

(20) SAPP 17 of 1969, Public Service Board Annual Report.

(21) Act 113 of 1971.

(22) SAPP 10 of 1946-1947, Department of Lands Annual Report.