There were parts of these regulations which did not give general satisfaction, but councillors seemed to consider them a decided advance. The Governor submitted them to the Secretary for The Colonies, who, generally, approved of them. In agricultural areas he thought it inexpedient to refuse to sell less than 100 acres. But addressing himself to the broad question of land settlement Earl Kimberley showed himself to possess many of the characteristics of his predecessors. For instance, evidently not appreciating the conditions in the colony, he deprecated any effort being made by the Government to entice people to take up land far beyond the settled districts, as the Government would be liable to a heavy expense in maintaining schools, police, courts of justice, &c., in distant places. In brief, he seemed to consider that settlement should be kept within certain limits, and that the courageous efforts being made to bring remote parts of the country into use should be discouraged. He refused to allow the Governor in Council to alter or amend any of the regulations because such a course would involve the surrender by the Crown of its control over waste lands.
A bill was passed in 1874 inaugurating what is known as the "Torrens system," and became law in July, 1875. Lands granted after the latter month were made amenable to its provisions, while all lands previously alienated were entitled to its advantages on the application of persons who were able to show a good title. By means of this Act the conveyancing of land was reduced to the simplest and cheapest form; investigation of titles by a purchaser or mortgagee became unnecessary as the certificate itself disclosed any subsisting encumbrance; fraudulent conveyances were prevented, because the act of registration passed the property; forms of transfer and mortgage were concise; and heaps of cumbrous documents were obviated by having everything "concentrated into one plain and portable compass." With the introduction of this system a successful attempt was made to revise the whole land laws, and new regulations were arranged in 1876-7, approved of by Earl Carnarvon, and published in 1878.
In 1875 the Surveyor-General submitted a memorandum to a Committee of the Legislative Council relative to a modification of the land laws as affecting the small farmer. The committee recommended that any person holding a special occupation license be entitled during the continuance of such license, or after he had obtained the fee-simple, to depasture on adjoining Crown lands four head of stock for every 100 acres held, and to depasture in like manner one head of stock for every seven acres of land cultivated; the stock in no case to exceed twenty head.
This recommendation was considered by the Government when drawing up the regulations submitted to the Secretary for the Colonies. Influenced, no doubt, by the progress of events in other colonies, the Imperial Government were now much more willing to accede to amendments and revisions of the land laws. A more liberal policy was necessary where representative institutions were conceded, and the whole spirit of repression was gradually dying out. Besides, the increasing wealth and importance of British dependencies called for a more liberal treatment from the authorities in Downing Street, and brought forth a fuller intelligence in the dependencies themselves. The broadening conditions of colonial energy were teaching lessons even to English statesmen.
The new regulations, under which the Surveyor-General received the title of Commissioner of Crown Lands, divided the colony into four districts—the Central, the Northern, the Central Eastern, and the South-Eastern—in which the lands were classified as town, suburban, rural, and mineral. All rural lands in the central district were open for sale in sections of not less than forty acres, at 10s. per acre; and in the other districts the minimum section was fixed at 400 acres, to be sold at 5s. per acre; pastoral lands were reduced from three to two Classes—first and second. First-class lands comprehended all pastoral Crown lands bounded as follows:—"On the south and west by the sea coast, on the north by the Murchison River, and on the east by lines from the summit of Bompas Range on the great north bend of the said river through the summit of Wongan Hill and Mount Stirling to the mouth of the Fitzgerald River on the south coast."
The second class comprehended all other pastoral lands in the colony. Those waste lands in this class which were unoccupied were open for leasing for a term not exceeding fourteen years in blocks of not less than 20,000 acres, at a rental of 5s. for the first seven years, and 10s. for the remainder of the lease, for each thousand acres, or part of a thousand acres, contained therein. Within twelve months of the date of issue of these regulations, in the case of existing leases or licenses, the lessee was able to select from his run all such land as he might deem advisable to hold under an unconditional pre-emptive right to purchase, on the following terms:—(1) The unconditional pre-emptive right to be for the term of the lease; (2) the selections to be in blocks of not less than 1,000 acres; (3) the rent to be £5 for each 1,000 acres, paid in advance, annually; and (4) all such rights to be redeemed in fee in the northern district, if within the first seven years of lease, by payment of 5s., and during the balance of the term of 10s. for each acre redeemed; in the central, east, and south-east districts, if within the first seven years, by payment of 2s. 6d., and during the remainder of the term, of 5s. for each acre redeemed. First-class lands were open to license annually, in blocks of not less than 3,000 acres, but where other boundaries interfered a lesser quantity could be taken up, but no license was issued for less than 20s. Blocks of 10,000 acres could be leased on the same terms for fourteen years.
The fees for timber lands were, for any area not exceeding 640 acres, £20; and not exceeding 1,280 acres, £40; but such license did not permit the cutting, hewing, and removing of logs and piles. To fell, hew, or remove timber in baulk or for piles, the fees were, for each man per month £3, or in the case of a pair being engaged £5; and for each sawyer, cutter, or splitter of fencing, firewood, or shingles, 5s. per month; and to cut sandalwood (not less than six inches in diameter at the butt), wattle or other bark, per man 2s. 6d. Special licenses could be granted for cutting timber for a period of fourteen years.
Regulations were issued dealing with poison lands, by which a Crown grant could be obtained by performing certain improvements. Special grants were assigned to members of the Volunteer Force who had served continuously for two years, and immigrants were also awarded privileges. The regulations for volunteers were first issued in 1873. In mineral lands, on payment of a registration fee of 2s. 6d., any person could obtain a two years' license to prospect on any Crown lands, except on town or suburban lands, tillage leases, special occupation leases, gardens, and buildings. By paying £1 any person could obtain the right to mine for twelve months on a block of 200 acres, the position of which he must clearly define, but he could not remove more than five tons of ore for purposes of testing. Leases of portions of land not exceeding 200 acres, nor less than 20 acres,
