VPRS 1382 Applications For Residence and Business Areas and Claims, Ballarat Central Mining Division

Full description

One of the privileges conferred by Section 5 of the Mines Act 1865 and subsequent Mines Acts was that the holder of a miner's right could reside on up to one acre on a goldfields area. Those occupying a residence area were "deemed in law to be possessed ... of such ... parcels ... and the property therein". This meant that the resident had all the responsibilities and rights of an owner. Rights of residence could be transferred or cancelled.

With the passing of the Land (Residence Areas) Act 1935 the right of occupation of residence areas was broadened to include all Crown lands, not only those in mining areas and with administration placed under the Land Act rather than the Mines Act.

This series, contains in Unit 1 of the P0 consignment the duplicate of the certification by the Mining Registrar of ther application for the residence area or business site in an auriferous (ie goldbearing) area. Details given are the number of the certificate, the date and time of the application, the name of the applicant, the location and extent of the land and, where appropriate, any street frontage and its length and the number of the miner's right held by the applicant.

Unit 2 of the same consignment contains forms relating to the registration of liens given over land held under a residence area right. Details given are the name of the debtor, the location of the residence area, details of the debt to which the lien related and the acknowledgment that if the debt was not repaid recovery was by the sale of improvements on the residence area. Details are also given of miners rights held and may include the release of the lien when the debt was repaid.

Unit 3 contains the Form of Transfer for residence area rights. Details given are the names of the parties, details of the location and extent of the residence area and its original certification and details of the registration of the transfer with the Mining Registrar.