VPRS 13458 Register of Applications, Geelong, Section 42 Land Act 1884 and 1890, Sections 44 and 59 Land Act 1898 and Sections 47 and 54 Land Act 1901 (Occupation Branch - Duplicates)
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VPR 13458 Register of Applications, Geelong, Section 42 Land Act 1884 and 1890, Sections 44 and 59 Land Act 1898 and Sections 47 and 54 Land Act 1901(Occupation Branch) was created by the Occupation Branch in Melbourne. It duplicates two volumes of the Register of Applications, Geelong, Section 42 Land Act 1884 and 1890, Sections 44 and 59 Land Act 1898 and Sections 47 and 54 Land Act 1901(Occupation Branch) (VPRS 13457) created by the 'Geelong District Office' at the Occupation Branch.VPRS 13458 / P1 was previously registered as Unit 118 of VPRS 458 / P Application Registers Land Act Unknown.VPRS 13458 / P2 was previously registered as Unit 97 of VPRS 458 / P Applications Registers, Land Act Unknown.Section 42 of the Land Act 1884 (as confirmed in the consolidated Land Act 1890) provided for the issue to grazing area lessees (under Section 32 of the same Act) of licences to occupy for agricultural allotments not exceeding 320 acres in extent. . Persons who had selected that amount of land under previous Land Acts were not eligible for this provision. Those who had selected less than the 320 acres could select the amount of land necessary to make it up to 320 acres.Rent was set at one shilling per acre per annum with the licensee to reside on the allotment and make improvements to it. During the period of this license the land could be resumed by the Crown for a number of specified purposes with the repayment of any rentals or if the terms of the license were not complied with If these conditions and conditions relating to the control of vermin and fencing were complied with, at the end of this time a lease for up to 14 years was able to be applied for at the rental of one shilling per acre per annum or a Crown grant could be obtained by the payment of the full purchase price of fourteen shillings per acre. Lessees could obtain a Crown grant at any time during this fourteen year period by the payment of the difference between the rent already paid under the lease and the set price of fourteen shillings per acre.This Section was amended in Section 44 of the Land Act 1898 to divide lands into three classes for the purpose of the licensing of these agricultural allotments. No more than 200 acres of first-class lands were to be licensed at the rent of one shilling per acre per annum; no more than three hundred and twenty acres of second-class land at the annual rental of ninepence per acre. Both types of land were to be licensed for no more than six years. In the 1898 Act, Sections 58 and 59 provided for the extension of the licensing and leasing provisions for agricultural allotments to grazing allotments. In addition, Section 59 allowed the licensing of third-class land for a period of six years for sixpence per acre per annum. Under the consolidated Land Act of 1901, agricultural allotments were dealt with under Sections 47 (licensing) and 49 (leasing) and grazing allotments by Sections 54 (licensing) and Section 56 (leasing).Instructions were given, with the issue of new stationery to District Survey Offices in 1899 that the numbers allocated for applications in these books were to commence at the whole thousand after that of the register currently in use. Thus if the current register for Section 42 applications had numbers between 1 and 1000, the new volume was to commence at number 2001. This ensured that all of these applications from the 1884 Land Act under Section 42 and its subsequent sections were registered in the one series. From the registers, and from other sources it is apparent that from c1910, the Occupation Branch were keeping their records on index cards rather than in the volumes used prior to then.When an application to select Crown land was received by the Department it would be registered in a register of applications. The contents of registers of applications were arranged alphabetically and application numbers were allocated consecutively in blocks for each letter of the alphabet.Separate registers of applications were usually created for each section of the Land Act under which individuals could apply to select land. For example, all applications received under section xx of the Land Act 1884 were recorded in the same register. Sections of an Act that were less common were often recorded in the one register.In an attempt to try and rationalise the way the Department managed Crown land, the Occupation Branch was established in 1874 under the influence of H Byron Moore, Assistant Surveyor General. The Occupation Branch was to deal with all matters relating to the occupation of Crown land.The State was divided into fifteen Land Districts, these being Ararat, Ballarat, Beechworth, Benalla, Castlemaine and Dunolly, Echuca, Geelong Warrnambool and Camperdown, Hamilton, Horsham, Melbourne, Sale and Bairnsdale, Sandhurst (Bendigo), Seymour and St Arnaud. Each District was represented at the Occupation Branch in Melbourne by a 'District Land Office'.Each District Land Office consisted of a double table or desk at which both a clerk and draughtsman sat. Everything in the way of files, maps and plans were at convenient reach. The same officers dealt with the sale of Crown land from its 'inception to its disposition'. The District Offices' staff consisted essentially of a clerical officer and a draughtsman who dealt solely with that Land District. It was their business to know the District and to deal with all land business related to it. By 1877 each District Land Office, consisted of a District Officer, a rental clerk, a draughtsman and several general clerks.After the establishment of the Occupation Branch in 1874 and the division of the State into Land Districts, applications were registered by District. Each 'District Land Office' created and maintained their own series of registers of applications. Any new applications received by the Department after 1874 were registered in separate District registers with applications numbers that were allocated from the number one onwards. The same application number could be allocated for selections in different Districts. For example the application number 1021/32 could exist in both the Ballarat and Bendigo Land Districts. It is the District name plus the accompanying file number that is the unique identifier.Applicants completed an application form at District Survey Offices. Most Land Districts had a District Survey Office. The District Surveyor would enter the applicants' details in a register of applications kept at the District Survey Office. The register of applications allocated a number to each applicant. The application number was written on the application to select and subsequently became their land selection file number if their application was approved.The District Surveyor would enter into the register of applications the application number, the date the application was received, the applicants' name, occupation and parish, the allotment number and size (acres, roods and perches) applied for. The application was then forwarded to the appropriate District Land Office at the Occupation Branch in Melbourne. It was then entered in a duplicate register of applications there against the same application number. The District Surveyor also forwarded a tracing of the allotment applied for.The position of the allotment applied for was immediately charted on a working plan in pencil. The tracing was then sent to the Department of Mines and Water Supply (VA 2720) for a report on any mining objections. If there were no mining objections the application would be heard before a Local Land Board. Local Land Boards were made up of representatives from the local community and the Department of Crown Lands and Survey (VA 538). The Boards would hear from all applicants for an allotment and would decide who was to be granted the licence or lease. The schedule documenting the decisions of the Local Land Board was forwarded to the appropriate District Land Office at the Occupation Branch and the decision was entered into the register of applications.The Board of Land and Works (VA 744), the statutory authority for the management of Crown land would give final approval for land selection, acting on the recommendation of the Local Land Board. The decision of the Board of Lands and Works (VA 744) was then recorded in the register of applications. The registers also record the date of the licence or lease issue and any subsequent action in relation to that file. The selectors granted each allotment would then be recorded on the working plan by the District Land Office draughtsman at the Occupation Branch. The tracing of the allotment was then sent to the Crown Land Bailiff responsible for that Land District.Registers of applications control selection and occupation files. If an application to select Crown land was successful, the application number would become the file number. For example if an application to select under section 42 of the Land Act 1884 was registered as application number 324 then the selection or occupation file number would be 324/42.The application number remained the selection file number for a particular piece of land if all terms and conditions were met and the selection resulted in a Crown Grant. However, often the original selector did not end up owning the land. Many selectors forfeited or abandoned their licence or lease. If this were the case then the land was re-opened up for selection. Any new applicants were registered in a register of applications under a new application number. The original applicants file would be attached to the new selectors file. The new file number was annotated in the register against the original selectors' entry.Even if the same selector applied for a licence on land he had previously forfeited a new application number would be allocated and the file would have a new selection file number.
VPRS 13458 吉朗地区申请登记簿,依据1884年及1890年《土地法(Land Act)》第42条、1898年《土地法(Land Act)》第44、59条以及1901年《土地法(Land Act)》第47、54条(土地占用科(Occupation Branch)),由墨尔本土地占用科(Occupation Branch)编制。其为吉朗地区土地占用科(Occupation Branch)编制的《VPRS 13457 吉朗地区申请登记簿》(依据1884年及1890年《土地法(Land Act)》第42条、1898年《土地法(Land Act)》第44、59条以及1901年《土地法(Land Act)》第47、54条(土地占用科(Occupation Branch)))两卷的副本。
VPRS 13458/P1 原登记为VPRS 458/P《未知土地法(Land Act)申请登记簿》第118单元;VPRS 13458/P2 原登记为VPRS 458/P《未知土地法(Land Act)申请登记簿》第97单元。
1884年《土地法(Land Act)》第42条(经1890年合并版《土地法(Land Act)》确认)规定,为依据该法第32条划定的牧场承租人发放面积不超过320英亩的农业用地占用许可证。依据此前土地法(Land Act)已选定同等面积土地的申请人,不得适用本条规定;此前已选定面积不足320英亩的申请人,可补足至320英亩。许可证年费为每英亩1先令,持证人需在该地块居住并进行土地改良。在许可证有效期内,王室可因若干指定用途收回土地,退还已缴租金;若持证人未遵守许可证条款,王室亦可收回土地。若遵守本条款及虫害防控、围栏建设相关要求,许可证期满后,申请人可申请为期最长14年的租赁,年费仍为每英亩1先令,亦可选择缴纳每英亩14先令的全额价款,直接取得王室土地授予权。在14年租赁期内,承租人可随时补缴已缴租金与14先令/英亩固定价款的差额,直接取得王室土地授予权。
1898年《土地法(Land Act)》第44条对本条进行修订,将农业用地划分为三类,以适用对应的许可证发放规则:一级农用地的许可面积不得超过200英亩,年费为每英亩1先令;二级农用地的许可面积不得超过320英亩,年费为每英亩9便士。两类农用地的许可证有效期均不得超过6年。1898年《土地法(Land Act)》第58、59条将农业用地的许可与租赁条款扩展至牧场用地。此外,第59条允许对三级农用地发放许可证,有效期6年,年费为每英亩6便士。1901年合并版《土地法(Land Act)》中,农业用地的许可与租赁分别由第47条(许可)与第49条(租赁)规范,牧场用地的许可与租赁则分别由第54条(许可)与第56条(租赁)规范。
1899年,墨尔本土地占用科(Occupation Branch)向各区测量办公室(District Survey Office)发放新表单时发布指示:各登记簿内的申请编号需从当前在用登记簿编号的下一个整千位开始编排。例如,若当前在用的第42条申请登记簿编号范围为1至1000,则新登记簿的起始编号应为2001。此举旨在确保1884年《土地法(Land Act)》第42条及其后续条款涵盖的所有申请,均纳入同一编号序列。
从登记簿及其他史料可知,约1910年起,土地占用科(Occupation Branch)改用索引卡存储记录,替代此前使用的纸质登记簿册。
当王室土地申购申请提交至部门后,将在申请登记簿中登记。申请登记簿按申请人姓氏字母排序,且按字母顺序段连续分配申请编号。通常会依据《土地法(Land Act)》中对应的申请条款单独设立申请登记簿。例如,所有依据1884年《土地法(Land Act)》第xx条提交的申请,均登记于同一登记簿。使用频率较低的条款,其申请通常会合并登记于同一登记簿。
为优化王室土地管理流程,在助理测量总监(Assistant Surveyor General)H·拜伦·摩尔的推动下,土地占用科(Occupation Branch)于1874年成立,负责所有与王室土地占用相关的事务。维多利亚州被划分为15个土地行政区,分别为:阿拉拉特、巴拉瑞特、比奇沃思、贝纳拉、卡斯尔梅因与杜诺利、伊丘卡、吉朗-瓦南布尔与坎珀当、哈密尔顿、霍舍姆、墨尔本、塞尔与贝恩斯代尔、桑德赫斯特(本迪戈)、西摩以及圣阿尔诺。各区均在墨尔本土地占用科(Occupation Branch)设有对应的“区土地办公室”。
每个区土地办公室设有双人工作台,供办事员与绘图员共同办公,各类档案、地图与图纸均置于随手可取之处。同一团队负责王室土地从受理到处置的全流程事务。区土地办公室的核心人员为办事员与绘图员,仅负责对应土地行政区的相关业务,需熟悉本区域情况并处理所有相关土地事务。至1877年,各区土地办公室已配备区土地官员、租金办事员、绘图员及若干普通办事员。
1874年土地占用科(Occupation Branch)成立并完成州土地行政区划分后,申请按行政区进行登记。各区土地办公室自行创建并维护专属的申请登记簿序列。1874年后部门收到的新申请,均登记于各区专属登记簿,申请编号从1开始连续编排。不同行政区可使用相同的申请编号,例如巴拉瑞特与本迪戈土地行政区均可存在申请编号1021/32。因此,唯一标识符应为行政区名称搭配附带的文件编号。
申请人需在区测量办公室(District Survey Office)填写申购申请表。多数土地行政区均设有区测量办公室(District Survey Office),区测量员会将申请人信息登记于该办公室留存的申请登记簿,并为每位申请人分配申请编号。申请编号会标注于申购申请表上,若申请获批,该编号即成为该土地申购的文件编号。
区测量员需在申请登记簿中记录以下信息:申请编号、申请接收日期、申请人姓名、职业与教区、申请地块编号及面积(英亩、路得、平方杆)。随后,申请表将被送至墨尔本土地占用科(Occupation Branch)对应的区土地办公室,由其按同一申请编号登记于副本申请登记簿中。同时,区测量员需一并提交申请地块的勘绘图。
申请地块的位置需立即以铅笔标注于工作规划图上。随后,勘绘图将被送至矿产与供水部(Department of Mines and Water Supply,VA 2720),征询是否存在矿业异议。若无矿业异议,申请将提交至地方土地委员会(Local Land Board)审议。地方土地委员会(Local Land Board)由当地社区代表与王室土地与测量部(Department of Crown Lands and Survey,VA 538)的代表组成,负责听取所有地块申请人的陈述,并裁定许可证或租赁权的授予对象。
记录地方土地委员会(Local Land Board)决议的清单将被送至墨尔本土地占用科(Occupation Branch)对应的区土地办公室,由其将决议内容登记于申请登记簿。作为王室土地管理的法定主管机构,土地工程委员会(Board of Land and Works,VA 744)将依据地方土地委员会(Local Land Board)的建议,对土地申购申请作出最终批复。土地工程委员会(Board of Land and Works,VA 744)的决议将被登记于申请登记簿。登记簿同时记录许可证或租赁权的发放日期,以及该文件后续的所有相关操作。获批申购地块的申请人信息,将由墨尔本土地占用科(Occupation Branch)的区土地办公室绘图员标注于工作规划图上。地块勘绘图随后将被送至负责对应土地行政区的王室土地执行官(Crown Land Bailiff)。
申请登记簿管控所有申购与占用文件。若王室土地申购申请获批,申请编号即成为文件编号。例如,若依据1884年《土地法(Land Act)》第42条提交的申购申请登记编号为324,则该申购或占用文件的编号为324/42。
若申请人遵守所有条款且最终取得王室土地授予权,则原申请编号将持续作为该地块的申购文件编号。但通常情况下,初始申购人最终未必能取得土地所有权,许多申购人会因违约或主动放弃而丧失许可证或租赁权。在此情形下,该地块将重新开放申购,新申请人将被分配新的申请编号并登记于申请登记簿。原申请人的文件将附于新申购人的文件中,登记簿中原申请人的条目旁需标注新的文件编号。
即便同一申购人再次申请其此前已被没收的地块,仍需分配新的申请编号,该文件亦将拥有新的申购文件编号。
提供机构:
Public Record Office Victoria



