VPRS 13042 Register of Applications, Sale, Section 53 Land Act 1862 and Section 42 Amending Land Act 1865

Section 53 of the Land Act 1862 allowed the licensing of persons to occupy Crown land for no longer than one year for a number of miscellaneous purposes. Other terms and conditions and the cost of such a licence was to be established in regulations and published in the Government Gazette. The most used of these was the gaining of a licence for a rural store where a site of no more than two acres could be occupied for an annual rental of 10 pounds. Other purposes allowable under this Section were those set out in Section 50 of the Act - quarrying, for punts and tolls, for landing places, for ship-building and repairing, for tanneries, factories and sawmills. Section 53 allowed for other purposes such as prospecting, drainage, timber-getting, kilns and slaughterhouses and various other activities.Section 42 of the Amending Land Act 1865 was designed to allow the use of lands on or adjacent to the goldfields to the advantage of the general population without interfering with the operations of miners. Occupation , at a modest rental, was to be temporary and for the purposes of residence and cultivation. Each renewable licence was to cover a maximum of twenty acres for no more than one year although persons could apply for multiple licences. Rental, to be paid to Receivers of Revenue or Paymasters, was fixed at the rate of two pounds ten shillings per annum for less than 10 acres and at four pounds per annum for an area of between 10 and 20 acres. License holders were required to make identifiable improvements - to enclose their allotments and cultivate a prescribed proportion of the area to demonstrate their bona fides.As this land had already been surveyed for mining purposes and to determine the extent of the auriferous (or gold-bearing) lands, applications could be ruled upon efficiently and expeditiously. An application under this section of the Act was able to be submitted to either the Department of Crown Lands and Survey in Melbourne or to the office or the local representative or agent of the Department. Some 36 land offices were established throughout the Colony to deal with applications received under this Act. The application would be registered in an Applications Register and allocated a number in order of receipt with ones approved by the local investigating commission being forwarded to Melbourne and registered in VPRS 13034 Register of Applications, All Districts, Section 42, Land Act 1865. Those applications for All Districts received at Melbourne were then indexed by name of applicant and the allocated number.The volume in this series has been used for recording applications made under both of these Sections with entries being made in a volume originally designed as a license register. Details routinely entered were the registry number of the application (local number), the name of the applicant, a description of the land to be occupied (entered as the parish) the purpose (with a specific purpose being entered), the date of grant of the license and its period and the rent to be charged. Remarks made in relation to Section 53 applications were to do with the grant of the licence, any caveats about its grant and any referral needed to the District Surveyor.Entries of applications under Section 42 of the Land Act 1865 contain the same information with the entry of the area being applied for instead of the amount payable. The remarks column is used to record any transfer or cancellation of licenses, any subsequent purchase of the land or any entries in the Government Gazette. Entries are arranged according to the meeting of the investigating commission which dealt with the application with commissions recorded as having been held at Sale, Rosedale, Palmerston and Woods Point.The functions of this commission were to investigate and report upon every application, to protect the public and local interests and promote the advantageous occupation of land. Commissions included in their membership the Surveyor-General, the Assistant Commissioner of Lands and Survey, the Secretary for Mines, chairmen and members of Mining Boards and Shire Council and were assisted by District Surveyors, other officers of the Department and Mining Surveyors who had made the surveys of the sites applied for. These commissions or enquiries were made in district centres and other principal centres of population on and in the vicinity of the goldfields. The decision with respect to the application arrived at by the commission was then entered in the Applications Register. For district registers, it became the practice to register and arrange applications with them directly relating to specific sittings of the commission at a specific place on a specific date.With the granting of the application, application then had to be made to the Governor-in-Council, as prescribed in the Act, to grant a licence of occupation to the successful applicant. In the same way, cancellations and / or revocations of licences and transfers of licences had to be approved by the Governor-in-Council. Some of these records may be seen in VPRS 863 Orders in Council Regarding the Issue and Cancellation of Licences , Land Acts 1865 and 1869.Once this leave had been granted by the Governor-in-Council, the licence was issued and an entry was then made in the Licence Register. These registers were arranged firstly by district or group of contiguous districts and then in alphabetical sections according to family name of the licensee. The Licence Register provided a record of the number of the licence issued (different to the application number), the location and size of the land, the payment of rents and, in the remarks column, the subsequent history of that holding of land and of the licence to occupy it.At some point after the granting of the application, a file was created upon which were placed the original application and other subsequent correspondence with respect to it. These files have also been allocated sequential numbers (see VPRS 624 Land Selection Files, Land Act 1865). The numbers on these files do not coincide with any other number allocated during the application or the licensing processes at either the district or central levels. It is hypothesized that there has been created at some point a register to these files and their numbers which is not (as at July 2002) in custody.In August 1868, additional regulations were made under Section 42 of the Amending Land Act of 1865. These regulations extended the distance from a goldfield within which selections might be made to thirty miles and authorised the issue of eight licences per person thus allowing each selector to obtain 160 acres. Applications were able to be made once again both locally and at the Central Office. Land had been surveyed in preparation and commissions were held immediately upon the Regulations coming into operation to decide upon these applications. Records in custody show that these applications were kept separately in the Applications Registers, although, once licences were granted, they were entered into the existing Licence Registers.From the Licence Registers, it is apparent that much of the land selected and occupied under Section 42 of the Amending Land Act 1865 was either purchased under Section 31 of the Land Act 1869 or converted to leases under section 19 of the Land Act 1869. Other selections were able to be purchased at public auction, whilst others remained under the occupation of licensees for a lengthy period of time with licences able to be transferred or bequeathed.VPRS 13042/P1 Unit 1 was previously registered as VPRS 1310/P Unit 3. The records were reserialised in 2002.