Re: Queen Victoria’s 1842 South Australia Act & King William IV 1836 Letters Patent

King William IV Letters Patent Question:

Did the 1842 South Australia Act signed and executed by Queen Victoria extinguish in any shape or form the legal and moral standing of the earlier 1836 King William IV Letters Patent?

Link to Queen Victoria 1842 South Australia Act: http://www.foundingdocs.gov.au/resources/transcripts/sa6_doc_1842.pdf

Link to King William IV Letters Patent: http://www.foundingdocs.gov.au/resources/transcripts/sa2_doc_1836.pdf

In 1836, South Australia is founded as a British Colony Business Enterprise by the South Australian Association. Executive action to establish the Province under the 1834 (South Australia) Foundation Act was taken in February 1836, when King William IV signed the Letters Patent.

This Act and the Letters Patent achieved the founding of the Colony…but the failure of the Wakefield plan meant that a second South Australia Act was required and this was enacted in 1842.

The area of what is now South Australia and the Northern Territory was defined as ‘unoccupied’ or ‘waste lands’ which were ‘supposed to be fit for the purposes of colonisation’ thus overriding any rights of the’ Aboriginal inhabitants.

However…

Within King William IV Letters Patent which basically was his executive Royal decision to establish a South Australian British Colony is the following Clause:

“Provided Always that nothing in those our Letters Patent contained shall affect or be construed to affect the rights of any Aboriginal Natives of the said Province to the actual occupation or enjoyment in their own Persons or in the Persons of their Descendants of any Lands therein now actually occupied or enjoyed by such Natives.”

This Clause within King William IV Letters Patent has never been honoured by any South Australian Government since 1836 to 2009, both legally or morally.

In 1842, because the Business Enterprise proved to be an utter failure a new Act of Parliament, the South Australia Act, was passed and excuted by Queen Victoria.

So Again I must Ask the Question:

Did the 1842 South Australia Act signed and executed by Queen Victoria extinguish in any shape or form the legal and moral standing of the earlier 1836 King William IV Letters Patent?

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