VPRS 13943 Register of Applications, Farm Allotments Conditional Purchase Leases, Sections 103 and 170 Land Act 1898 and Sections 130 and 383 Land Act 1901
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Part III of the Land Act 1898 was, apart from the Settlement on Land Act 1893, the first legislation for Closer Settlement. It gave the Board of Land and Works the power to acquire land from private persons for the purpose of closer settlement. The land was to be utilised and disposed of firstly as a township in the district and then as farm allotments not exceeding one thousand pounds in value.These allotments were to be advertised as being available in the Government Gazette to be taken up under conditional purchase lease with one lease being allowed per person. During the first six years of the lease considerable improvements were to be made to the land. Their value was determined by the value of the land or at the rate of ten per cent of the purchase money payable. The lessee or a member of his family was to reside on the land for eight months of each year with no power to transfer or mortgage the land within the first six years. After that six years, the lease might be transferred or an application made for a Crown grant of the land.Applications were registered in this series with the number allocated in the register becoming the file number. Details appearing are the name of the applicant and their current address, the location and extent of the land, an acknowledgment of the payment of the first two instalments of the purchase money and whether the application was successful or not.The lease was issued for a term of 31 years with the purchase price to be paid in 63 equal instalments, the first two due with the application. If an application was unsuccessful, that money was returned to the applicant. The total amount of the purchase money was determined by the Board of Land and Works with interest to also be paid on unpaid purchase money. Rent Rolls documenting the payment of the instalments are held by PROV as VPRS 13948.Applicants were able to apply for these conditional purchase leases under Section 170 of the Act or under Section 103. This latter Section related to swamp lands such as the Koo-Wee-Rup and Moe Swamps where allotments could be applied for, once a valuation had been determined, under the terms of Section 85 Land Act 1890 or as a perpetual lease or as a conditional purchase lease as set out in Part III but with modifications. These Sections continued as Sections 130 - 131 and Section 383 of the Land Act 1901.Under the authority of Part III Land Act 1898 estates were purchased and made available for farm allotments at Wando Vale (near Casterton), Walmer (near Horsham), Whitfield (south of Wangaratta) and Eurack (NE of Winchelsea).Unit 1 was previously registered as Unit 207 of VPRS 458 / P Applications Registers, Land Act UnknownUnit 2 was previously registered as Unit 1 of VPRS 145 / P Application Register, Land Act 1880Unit 3 was previously registered as Unit 15 of VPRS 455 / P Applications Registers, Land Act 1898Unit 4 was previously registered as Unit 210 of VPRS 458 / P Applications Registers, Land Act UnknownUnit 5 was previously registered as Unit 3 of VPRS 13577 / P1Unit 6 was previously registered as Unit 48 of VPRS 458 / P Applications Registers, Land Act Unknown and Unit 7 was previously registered as Unit 8 of VPRS 10078 / P.
1898年《土地法》(Land Act 1898)第三部分,除1893年《土地定居法》(Settlement on Land Act 1893)外,是首部针对集约定居(Closer Settlement)的立法。它赋予土地工程委员会(Board of Land and Works)权力,可从私人手中收购土地用于集约定居项目。该土地需优先按区内镇区规划利用与处置,随后划分为价值不超过1000英镑的农地地块。此类地块将在《政府公报(Government Gazette)》上刊登公告,以附条件购买租赁(conditional purchase lease)的方式出让,每人仅限申请一份租赁。
租赁生效的前六年内,承租人需对土地进行大幅改良,改良价值以土地价值为准,或按应缴购地款的10%计算。承租人或其家庭成员每年需在土地上居住八个月,且前六年内不得转让或抵押土地。六年期满后,租赁可转让,或可申请获得该土地的王室授产(Crown grant)。
本档案系列收录的申请均已登记,登记时分配的编号即为档案文号。档案详情包括申请人姓名及当前住址、土地位置与面积、购地款前两期付款的确认凭证,以及申请是否获批。
租赁期限为31年,购地款需分63期等额缴纳,首期两期需随申请一并缴付。若申请未获批,已缴款项将退还申请人。购地总金额由土地工程委员会确定,未缴购地款需计付利息。记录分期缴款情况的租金登记簿由维多利亚州公共档案馆(PROV)以VPRS 13948号档案系列保存。
申请人可依据该法第170条或第103条申请此类附条件购买租赁。其中第103条涉及沼泽地,如库维鲁普沼泽(Koo-Wee-Rup)与莫伊沼泽(Moe Swamps):在完成估值后,可依据1890年《土地法(Land Act 1890)》第85条的条款申请地块,或按永久租赁、附条件购买租赁的方式申请(需遵循1898年《土地法》第三部分的规定,但可作适当调整)。上述条款在1901年《土地法》中分别变更为第130-131条及第383条。
根据1898年《土地法》第三部分的授权,相关土地被收购并划分为农地地块,投放于以下地区:万多谷(Wando Vale,毗邻卡斯特顿Casterton)、沃尔默(Walmer,毗邻霍舍姆Horsham)、惠特菲尔德(Whitfield,旺加拉塔Wangaratta以南)以及尤拉克(Eurack,温奇尔西Winchelsea东北方向)。
以下为各档案单元的历史登记信息:
单元1原登记为VPRS 458 / P号申请登记册第207单元,对应土地法版本不详;
单元2原登记为VPRS 145 / P号申请登记册第1单元,对应1880年《土地法》;
单元3原登记为VPRS 455 / P号申请登记册第15单元,对应1898年《土地法》;
单元4原登记为VPRS 458 / P号申请登记册第210单元,对应土地法版本不详;
单元5原登记为VPRS 13577 / P1号档案第3单元;
单元6原登记为VPRS 458 / P号申请登记册第48单元,对应土地法版本不详;单元7原登记为VPRS 10078 / P号档案第8单元。
提供机构:
Public Record Office Victoria



