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VPRS 13433 Register of Applications, Sale, Section 42 Land Acts 1884 and 1890, Sections 44 and 59 Land Act 1898 and Sections 47 and 54 Land Act 1901 (Occupation Branch)

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This series was created by the 'Sale District Office' at the Occupation Branch of the Department of Crown Lands and Survey (VA 538). It is duplicated by Register of Applications, Sale Section 42 Land Acts 1884 and 1890, Sections 44 and 59 Land Act 1898 and Sections 47 and 54 Land Act 1901 (Sale District Survey Office) (VPRS 13434) which is the register created by the District Survey Office in Sale.VPRS 13433 / P1 was previously registered as Units 139, 229, 231 and 177 of VPRS 458 / P Application Registers, Land Act Unknown and Unit 4 of VPRS 446 / P Application Registers Land Act 1884.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 register. 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 42 of the Land Act 1884 were recorded in the same register. Sections of an Act that were less common, however, were often recorded together 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 issued 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.

本档案系列由王室土地与测量署(Department of Crown Lands and Survey)职业分支的塞尔区办公室(Sale District Office)创建,档案标识为VA 538。该系列存在副本,对应副本为《1884年与1890年土地法》第42条(塞尔区)、《1898年土地法》第44、59条以及《1901年土地法》第47、54条(塞尔区测量办公室)项下的申请登记簿(Register of Applications,VPRS 13434),该登记簿由塞尔区测量办公室编制。 VPRS 13433 / P1 原隶属于VPRS 458 / P申请登记簿(未知土地法)的第139、229、231及177单元,以及VPRS 446 / P《1884年土地法》申请登记簿的第4单元。 《1884年土地法》第42条(经《1890年合并土地法》确认)规定,可向依据该法第32条划定的放牧区承租人,发放面积不超过320英亩的农业用地占用许可证。依据此前土地法已选定同等面积土地的申请人,不适用本条款;此前选定面积不足320英亩的申请人,则可补足至320英亩。 租金定为每英亩每年1先令,持证人需在该地块居住并进行土地改良。许可证有效期内,若因特定事由收回土地,王室需退还已缴剩余租金;若持证人未遵守许可证条款,王室亦可直接收回土地。若持证人在许可证期满时遵守了上述条款,以及虫害防控与围栏设置相关要求,则可申请最长14年的土地租赁,租金仍为每英亩每年1先令;也可选择按每英亩14先令的全额价款申请王室土地授予(Crown grant)。在14年租赁期内,承租人可随时补缴已缴租金与14先令每英亩的固定价款之间的差额,以此申请王室土地授予。 《1898年土地法》第44条对本条进行了修订,将农业用地划分为三类,以适配相关许可证发放规则。一级农用地的许可证发放面积不得超过200英亩,租金为每英亩每年1先令;二级农用地的许可证发放面积不得超过320英亩,租金为每英亩每年9便士。上述两类农用地的许可证有效期均不得超过6年。《1898年土地法》第58、59条规定,将农业用地的许可证与租赁条款拓展至放牧用地。此外,第59条允许对三级农用地发放有效期为6年的许可证,租金为每英亩每年6便士。根据《1901年合并土地法》,农业用地的管理依据第47条(许可证发放)与第49条(租赁),放牧用地则依据第54条(许可证发放)与第56条(租赁)。 1899年,王室土地与测量署向各区测量办公室发放新制式文书时附带指示: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数开始编排。例如,若当前《1884年土地法》第42条申请登记簿的编号范围为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》第42条及其后续条款项下的所有申请,均统一登记于同一登记簿中。 从登记簿及其他档案来源可知,约1910年起,职业分支不再使用此前的卷宗式档案,转而采用索引卡片进行记录。 当王室土地与测量署收到土地选租申请后,会将其登记至申请登记簿。申请登记簿按申请人姓氏字母顺序编排,且针对字母表中的每个字母,申请编号按连续区块分配。通常情况下,土地法中每一项可用于土地选租的条款,都会对应设立独立的申请登记簿。例如,所有依据《1884年土地法》第42条提交的申请,均登记于同一登记簿中;而使用频率较低的条款,则通常会将其申请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H·拜伦·摩尔(H Byron Moore)的推动下,王室土地与测量署于1874年设立职业分支,专门负责处理所有与王室土地占用相关的事务。该州被划分为15个土地辖区,分别为:阿拉拉特、巴拉瑞特、比奇沃斯、贝纳拉、卡斯尔梅因与达诺利、伊丘卡、吉朗、瓦南布尔与坎珀当、哈密尔顿、霍舍姆、墨尔本、塞尔与拜恩斯代尔、桑德赫斯特(本迪戈)、西摩与圣阿诺德。每个辖区均在墨尔本的职业分支设立辖区土地办公室(District Land Office)作为驻点代表。 每个辖区土地办公室配备一张双人办公桌,供办事员与绘图员共同办公,所有档案、地图与图纸均置于随手可取之处。该办公室的工作人员全程负责王室土地出售的全流程,从申请受理直至最终处置。初期辖区土地办公室仅配备一名办事员与一名绘图员,专门负责对应辖区的土地事务,其核心职责为熟悉辖区情况并处理所有相关土地业务。至1877年,每个辖区土地办公室已配备辖区官员、租金办事员、绘图员及若干普通办事员。 1874年职业分支设立并完成辖区划分后,所有土地申请均按辖区进行登记。每个辖区土地办公室均创建并维护专属的申请登记簿系列。1874年后收到的新申请,均登记于对应辖区的独立登记簿中,申请编号从1开始依次编排。不同辖区可使用相同的申请编号,例如巴拉瑞特与本迪戈辖区均可存在申请编号1021/32。因此,辖区名称与配套的文件编号共同构成唯一标识符。 申请人需在辖区测量办公室填写申请表格。多数土地辖区均设有辖区测量办公室,辖区测量员会将申请人的详细信息登记于办公室留存的申请登记簿中,并为每位申请人分配申请编号。申请编号会标注在土地选租申请表上,若申请获批,该编号将成为申请人的土地选租档案编号。 辖区测量员需在申请登记簿中登记以下信息:申请编号、收件日期、申请人姓名、职业与教区、申请地块编号及面积(英亩、路得与杆)。随后,申请表将被送至墨尔本职业分支对应的辖区土地办公室,该办公室会将相同的申请编号登记于副本申请登记簿中。同时,辖区测量员还需寄送申请地块的描图。 申请地块的位置会立即以铅笔标注在工作平面图上。随后,地块描图将被送至矿产与供水署(Department of Mines and Water Supply,档案编号VA 2720),以获取是否存在矿业异议的评估报告。若无矿业异议,申请将提交至地方土地委员会(Local Land Board)进行听证。地方土地委员会由当地社区代表与王室土地与测量署(档案编号VA 538)的代表组成,委员会会听取所有地块申请人的陈述,并决定向哪位申请人发放许可证或租赁协议。 记录地方土地委员会决议的清单将被送至墨尔本职业分支对应的辖区土地办公室,决议内容将被登记至申请登记簿中。土地工程委员会(Board of Land and Works,档案编号VA 744)是王室土地管理的法定主管机构,将依据地方土地委员会的推荐作出最终批复,该最终决定也会被登记至申请登记簿中。 申请登记簿还会记录许可证或租赁协议的签发日期,以及该档案后续的所有相关操作。获得地块选租资格的申请人信息,会由墨尔本职业分支辖区土地办公室的绘图员标注在工作平面图上。随后,地块描图将被送至负责对应辖区的王室土地法警(Crown Land Bailiff)。 申请登记簿管控着所有土地选租与占用档案。若王室土地选租申请获批,申请编号将直接作为档案编号。例如,若依据《1884年土地法》第42条提交的申请编号为324,则该选租或占用档案的编号为324/42。 若申请人遵守所有条款并最终获得王室土地授予,原申请编号将始终作为该地块的选租档案编号。但实际情况中,原始申请人往往无法最终获得土地所有权,许多申请人会因违约或主动放弃而丧失许可证或租赁协议资格。此时,该地块将重新开放申请,新申请人需使用新的申请编号登记至申请登记簿中,原始申请人的档案将被附加至新申请人的档案内,同时新档案编号会被标注在登记簿中原始申请人的条目旁。即便同一申请人再次申请其此前已丧失资格的地块,仍需分配新的申请编号,档案也将采用全新的选租档案编号。
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