VPRS 14105 Register of Inwards Correspondence, Settlement on Lands Act 1893 and Land Act 1898, Numerical System
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This series registers correspondence sent to the Department of Crown Lands and Survey (VA 538) regarding Village Settlements, Homestead Associations and Closer Settlement as defined in the Settlement on Lands Act 1893 and Part III of the Land Act 1898. Details given are the number allocated the letter, the date of the entry and of the letter, the name and address of the correspondent, a summary of the subject of the letter and how it was disposed of. The usual disposition was to place the letter on the land file and it is the file number given in this column. These files might be able to be found in VPRS 5357 Land Selection and Correspondence Files, VPRS 5714 Closer [and Soldier] Settlement Files or in VPRS 1016 Miscellaneous Correspondence Files.Settlement on Lands Act 1893 was passed with a view to providing an outlet for the unemployed labour of Victoria through the establishment of rural settlement. Village Settlements (Section 5) and Homestead Associations (Section 20) were two of these types of settlement.For Village Settlements, the Governor in Council could proclaim land for this purpose which could be then divided into allotments of between one and twenty acres. Under Section 5 of the Act (Section 318 of the Land Act 1901), a permit to occupy a village community allotment could be granted for three years at a nominal rental. After that time a lease for up to twenty years could be applied for if certain conditions, as set by regulations, had been met. The price of an allotment was to be no less than one pound per acre and was to be paid in forty half yearly instalments. For a Crown grant to be obtained at the end of the period, the lessee had to pay this sum, repay any advances made and the post of the survey of the land. As well, the lessee or his family was to reside on the land with certain proportions to have been brought into cultivation within specified time periods.It was recognised relatively soon that not all the land allocated by the Board of Land and Works was suitable for village settlements and that 20 acres was an inadequate area for a settler to make a living. As a consequence, provision was made in Sections 344 to 346 of the Land Act 1901 for landholders to acquire more land to, with the original holding, the value of two hundred pounds.For settlements by Homestead Associations, associations or combinations of not less than six people who desired to settle on Crown land adjacent to each other could, on registration of the association and its members with and the payment of the registration fee to the Board of Land and Works have up to 2,000 acres reserved for allocation to the members of the association. Members had to be over the age of eighteen and not have any other land holdings.Each member was able to occupy no more than 50 acres. Occupancy was by license for three years at a nominal rent with no member able to receive more than one permit to occupy. After this time, a lease could be granted for a period of twenty years as long as specific conditions were met including the cultivation of set proportions of the allotment within specific time frames and residence by the lessee or a member of his family during the period of the lease (Section 20 of the 1893 Act and Section 332 of the consolidated Land Act 1901). Advances not exceeding fifteen pounds for building upon and improving the allotment by way of a loan might be made to permissive occupants. These advances were to be repaid in some twenty annual instalments with the first instalment being due with the issue of the lease. Those who received advances were to match the sum advanced in expenditure.Township sites were to be located within the same area with no more than 100 acres to be allowed. Each occupant of a homestead allotment could also be granted a lease of a one acre township allotment (Section 26 of the 1893 Act and Section 337 of the consolidated Land Act 1901).These associations were deemed to have been unsuccessful with the relevant portions of the Act being repealed in 1904 with the passing of the Closer Settlement Act 1904.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.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.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 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).
本系列档案收录了致王室土地与测量部(Department of Crown Lands and Survey,编号VA 538)的往来信函,相关内容均围绕《1893年土地定居法》(Settlement on Lands Act 1893)及《1898年土地法》(Land Act 1898)第三部分所定义的乡村定居点、宅地协会与集约定居展开。信函所涉详情包括:分配的字母编号、条目及信函生成日期、通信者姓名与地址、信函主题摘要,以及信函处理方式。常规处理方式为将信函归入土地档案,本列表中所列档案编号即为此类档案的标识。此类档案可于VPRS 5357土地甄选与往来信函档案、VPRS 5714集约[及军人]定居档案,或VPRS 1016杂项往来信函档案中检索。
《1893年土地定居法》的立法初衷,是通过建立乡村定居点,为维多利亚州的失业劳动力提供就业渠道。乡村定居点(第5条)与宅地协会(第20条)为该法规定的两类定居模式。针对乡村定居点,总督会同行政局可宣布指定土地用于该类用途,随后可将土地划分为1至20英亩的地块。根据该法第5条(《1901年土地法》第318条),可向乡村社区地块的占用人发放为期三年的许可,租金极低。三年期满后,若符合法规规定的各项条件,可申请最长为期二十年的租约。地块售价不低于每英亩1英镑,且需分四十次半年期分期付款支付。若要在租约期满后获得王室土地授予,承租人需付清全部购地款、偿还所有预支款项,以及土地测量相关费用。此外,承租人或其家庭成员需在土地上居住,并需在规定时限内将指定比例的土地投入耕作。
不久后相关方意识到,土地与工程委员会(Board of Land and Works)划拨的土地并非全部适合乡村定居,且20英亩的地块面积不足以让定居者维持生计。为此,《1901年土地法》第344至346条新增条款,允许土地持有人额外购置土地,使其原有地块总价值达到200英镑。
针对宅地协会发起的定居计划,至少六名希望在相邻王室土地上定居的人士可组成协会或联合体。在向土地与工程委员会完成协会及成员登记并缴纳登记费后,可预留最多2000英亩土地用于分配给协会成员。协会成员需年满18周岁,且无其他土地持有情况。每名成员最多可占用50英亩土地。占用方式为为期三年的许可,租金极低,且每名成员仅可获得一份占用许可。三年期满后,若满足特定条件——包括在规定时限内耕作指定比例的地块,以及在租约期内由承租人或其家庭成员居住——可授予最长二十年的租约(参见1893年法案第20条及合并后的《1901年土地法》第332条)。允许向临时占用人提供不超过15英镑的贷款,用于地块上的建筑建设与改良,该贷款需分约二十次年供分期偿还,首期还款于租约发放时到期。获得贷款的人士需自行投入与贷款等额的资金。
城镇用地需设于同一区域内,面积不得超过100英亩。每名宅地地块的占用人还可申请获得1英亩城镇地块的租约(参见1893年法案第26条及合并后的《1901年土地法》第337条)。
此类协会被认定为未获成功,相关法案条款于1904年《1904年集约定居法》通过时被废止。
除《1893年土地定居法》外,《1898年土地法》第三部分是首部针对集约定居的立法。该法赋予土地与工程委员会从私人手中收购土地用于集约定居的权力。土地将先用于在所在区域建设城镇,随后划分为价值不超过1000英镑的农场地块。
此类地块需在《政府公报》上发布公告,以附条件购买租约的形式出让,每人仅可申请一份租约。租约首六年内需对土地进行大幅改良,改良价值以土地价值为准,或按应付购地款的10%计算。承租人或其家庭成员每年需在土地上居住八个月,且租约首六年内不得转让或抵押土地。六年期满后,租约可转让,或可申请获得该土地的王室授予。
租约期限为31年,购地款需分63次等额分期付款支付,前两期款项于申请时缴纳。若申请未获通过,该款项将退还申请人。购地总金额由土地与工程委员会确定,未付购地款需支付利息。
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约。后者涉及沼泽地,如库-威-拉普沼泽(Koo-Wee-Rup)和莫伊沼泽(Moe Swamps),此类地块可按第三部分规定以附条件购买租约的形式申请,但需作出调整。上述条款在《1901年土地法》中分别延续为第130-131条及第383条。
根据《1898年土地法》第三部分的授权,相关方收购了以下区域的土地并划分为农场地块:万多谷(Wando Vale,靠近卡斯特顿)、沃尔默(Walmer,靠近霍舍姆)、惠特菲尔德(Whitfield,旺加拉塔以南),以及尤拉克(Eurack,温奇尔西东北)。
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