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State limits: the boundaries of Victoria and the resolution of boundary uncertainties
thesis
posted on 2016-12-05, 05:19 authored by Moore, Garry Kenneth'[T]o prevent every subject of discord, every occasion of quarrel, the limits of
territories ought to be marked with clearness and precision'. So wrote the
renowned Swiss legal theorist, Emer de Vattel, in 1797. However, a close
historical examination of the boundaries of the State of Victoria reveals that the
limits of Victorian territory were laid down with anything but clearness or
precision.
The external boundaries of Victoria are to be found on the
southern, western and northern margins of the State. In the south, they extend
around Victoria's ocean coastline from Cape Howe in the east to Discovery Bay
in the west. The State's western boundary runs from Discovery Bay in the south
to the Murray River in the north. Victoria's northern boundaries commence at
Cape Howe and proceed in a straight line north westward to the nearest source of
the Murray to that Cape. They then follow the Murray as it winds its way
downstream to South Australia.
This Thesis traces the making and marking of Victoria's
boundaries. Although firmly grounded in law, it draws on a range of other
disciplines, including history, geography, geomorphology and spatial science.
The Thesis examines the boundaries consecutively in the order in which they
were first laid down. Commencing with those in the south, it then moves to the
western boundary before finally dealing with the State's northern boundaries.
Victoria's boundaries find their ongms m a senes of Imperial
prescriptions embodied in British legislation and subordinate legislation, and in
Colonial Governors' Commission which issued in the exercise of the Royal
prerogative.
Rather than settling the proper locations of Victoria's boundaries as
intended, the Imperial prescriptions have generated both uncertainty and
controversy over many years. Notwithstanding a number of important decisions
of the Privy Council and the High Court, this Thesis demonstrates that significant
uncertainty still surrounds elements in the boundary prescriptions.
Uncertainty is not confined to Victoria's boundary prescriptions. It
also extends to the location at which much of the State's western boundary is
presently marked on the ground, a location which has been widely perceived to
have been finally fixed by the decision of the Judicial Committee of the Privy
Council in South Australia v Victoria (1914) 18 CLR 115. This uncertainty, too, is
explored in detail in the Thesis.
Having identified and examined the uncertainties which are still
apparent on Victoria's southern, western and northern boundaries, the Thesis
concludes by looking at whether the doctrine of prescription and acquiescence
may be applied to resolve some or all of them.
History
Campus location
AustraliaPrincipal supervisor
Jeffrey GoldsworthyYear of Award
2013Department, School or Centre
LawCourse
Doctor of PhilosophyDegree Type
DOCTORATEFaculty
Faculty of LawUsage metrics
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