VPRS 13380 Register of Applications, Benalla, Other Sections Land Acts 1884, 1890, 1891, 1898 and 1901 (Occupation Branch)

Full description

This series was created by the Benalla District Office' at the Occupation Branch of the Department of Crown Lands and Survey (VA 538). It is duplicated by Register of Applications, Other Sections Land Acts 1884, 1890, 1891, 1898 and 1901 (Benalla District Survey Office) (VPRS13381) which is the register created by the District Survey Office in Benalla.

Sections of an Act that were less common were often recorded together in the one register. This was the case with a number of sections of the Land Act 1884. These sections remained in consolidations of the Land Act (1890 and 1901), but with a change in the section number. Other lesser sections were added and also entered in the same register from subsequent acts such as the Land Act 1891, Land Act 1898 and the Wattles Act 1890.

Section 65 of the Land Act 1884 provided for the annual licensing of auriferous (gold bearing) lands. Areas licensed were to be of no more than 20 acres with only one license being allowed for each individual. There was to be no sale of these lands. This section was amended by Section 90 of the Land Act 1898 providing for the appraisal of these lands. If the value of the land was appraised to be more than the rent already paid on them, the subsequent rental was to be no more than two shillings and sixpence per annum with no annual license fee.

Section 67 of the Land Act 1884 allowed for the annual licensing of no more than 1000 acres for grazing on auriferous lands. This was allowed to continue for five years and with the right to mine the land remaining. Under Section 91 of the Land Act 1898, this term was extended to 21 years and the right to fence the land extended to licensees with the land able to be treated as rateable property.

The Land Act 1890 Amendment of 1891, in Section 22 (later Section 106 of the Land Act 1901), provided for worked out auriferous lands to be proclaimed and licensed for occupation. No individual could occupy more than five acres for a period not exceeding seven years. Rent was to be no less than one shilling per acre and the land was to be used for such purposes as residence, place of business or for use as an orchard, vineyard or garden. After seven years, a Crown grant could be applied for with payment of not less than one pound per acre with previously paid rentals being used to defray the purchase price.

Section 93 and Section 91 of the Land Act 1884 (subsequently Section 99, Land Act 1890 and Section 145, Land Act 1901) provided for the licensing or leasing of Crown lands for a multitude of purposes such as rural businesses, the removal of raw materials and other purposes none of which were to be agricultural or grazing. Licenses were renewable annually at a fee to be set. Leases under the 1884 Act for these purposes were to be of no more than three acres at an annual rental of five pounds. Holders of licenses under Section 99 of the Land Act 1890, who had buildings such as residences, a buttery an inn or store and the like, were also allowed, by Section 113, Land Act 1898 to apply for the exclusive right to purchase after possession for five years and the making of substantial improvements. Credit was given for rent already paid in determining the purchase price.

Section 119, Land Act 1884 provided for the issuing of grazing licenses for Crown lands not otherwise held. This provision continued as Section 123, Land Act 1890 and Section 187, Land Act 1901.

Section 147 of the Land Act 1901 allowed the licensing of bee-keeping establishments of not more than one acre for one year on any Crown land including that held under an agricultural license or lease or a grazing lease.

The Land Act 1890 in Section 85 allowed the leasing of up to one hundred and sixty acres of reclaimed and drained swamp lands for a period of up to twenty-one years with the covenant that all waterways and drainage channels on the land were to be maintained. In Section 103, Land Act 1898 this was extended to include the choices of a perpetual lease or to be leased under conditional purchase lease. Rents were to be determined by the value set upon the land by the Board of Land and Works. Conditions were the maintenance of drainage arrangements and the making of substantial and permanent improvements to the value of ten shillings per acre during the first three years of the currency of any lease or from the date of sale. There was no requirement for residence on the land.

The Wattles Act was passed to encourage the commercial exploitation of certain acacia species. Under Section 10, Wattles Act 1890 a lessee under Section 32 of the Land Act 1884 could cancel that lease and obtain a lease for the cultivation of wattle trees.

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.

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 1021/65 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 location 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.

VPRS 13380 / P1 was previously registered as units 21, 228 and 37 of VPRS 458 /P Application Registers, Land Act Unknown.