The Pamphlet Collection of Sir Robert Stout: Volume 56
Land Act 1884
Land Act 1884.
This Act came into operation on the 20th December, 1884, and applies to all the public estate of the colony outside of the operation of "The Mallee Pastoral Leases Act 1883."
|2.||Agricultural and grazing lands.|
|4.||Lands which may be sold by auction.|
|6.||State forest reserves.|
These classes, and the scheme of subdivision in the two first, arc shown on separate county maps by distinctive colours and symbols.
These maps may be obtained at Lands Office, Melbourne, or any of the District Survey Offices throughout the colony, at the price of 2s. 6d. per copy.
These lands are divided into allotments varying in area from 5,000 acres to 40,000, with a capability of from 1,000 to 4,000 sheep or 150 to 500 head of cattle, the annual rent thereon being calculated on the basis of one shilling per head of sheep or five shillings per head of cattle.
The term of any lease under which such land may be occupied shall expire not later than fourteen years after the commencement of the Act.
When the rents of a pastoral allotment have been fixed, notice is given in the Government Gazette of a date on and after which applications to lease will be received and dealt with. If on that day or any subsequent day only one application be lodged in respect of a particular allotment, the applicant becomes entitled to a lease at the gazetted rental. If two or more applications be lodged, the right to obtain a lease is, after thirty days' Gazette notice, offered to public competition at auction, at which the person who bids the highest sum by way of premium becomes entitled to the lease.
|1.||The annual rent is payable in advance in half-yearly moieties.|
|2.||The lessee shall not assign, sublet, or subdivide without the consent of the Board of Land and Works.page 5|
|3.||The lessee will at once, and to the satisfaction of the Board, commence and continue to destroy, and shall, within three years after granting of lease, destroy the vermin on the leasehold.|
|4.||The lessee shall keep in good condition and repair all substantial and permanent improvements whether constructed by such lessee or not.|
|5.||The lessee shall not, during currency of lease, ring or destroy or (except for the purpose of fencing or building on the land demised) cut down any timber upon such land unless with the sanction of the Board.|
|6.||Her Majesty, &c., may resume possession at any time of any of the land demised required for public purposes or for purposes of public convenience.|
|7.||Governor in Council has power to grant licences to enter on the land demised in lease, and cut, dig, take away any live or dead timber, coal, or other mineral.|
|8.||Her Majesty may resume as sites for townships or villages, or for mining purposes, and re-enter any lands forming part of leasehold, on paying full value of substantial and permanent improvements effected by lessee on the resumed land.|
|9.||Her Majesty may resume, after three years' notice in writing, any portion of leasehold upon payment to lessee for his interest in the lease, together with value of substantial and permanent improvements effected on the portion resumed.|
|10.||The lands demised under any pastoral allotment lease are held subject to a condition that the holder of a miner's right or of a mining lease shall have the right and be allowed to enter upon such pastoral allotment, and to search for gold and mine thereon, and erect and occupy mining plant or machinery, without making compensation to the lessee for surface or other damage.|
Upon expiry of the term of the lease, the lessee, his executors, &c., shall be paid by an incoming tenant the value of all fences, wells, reservoirs, tanks, and dams erected or constructed by the lessee and calculated to increase the grazing capability of the land; but the sum to be paid in respect of such improvements shall not exceed that actually expended by the lessee thereon, and in no case exceed the sum of 2s. 6d. per acre of such land.
The lessee of a pastoral allotment at any time during the currency of the lease may select a portion of such allotment, not exceeding 320 acres in extent, as a homestead, in one block, and on payment of 20s. per acre may obtain a grant of the same.
With this exception, no pastoral land shall be alienated in fee-simple under the porvisions of this Act.
Agricultural and Grazing Lands.
Grazing areas may vary in size, but shall not in any case exceed 1,000 acres, and not more than one grazing area shall be granted to or held by any one and the same person.
The term of all leases of grazing areas shall expire not later than fourteen years after the commencement of the Act.
The annual rent to be reserved in every lease of a grazing area shall be not less than 2d. and not more than 4d. per acre, and shall be payable in advance by half-yearly moieties.
Applications are to be lodged at the Land Office of the district in which the land is situated. A Local Land Board, in cases where more than one implication is made for the same land, investigates the applications and reports to the Minister.
Any person of the age of 18 years, not being a selector under any previous Land Act or Acts, is entitled to take up as a grazing area, and may, after issue of the lease, select thereout an agricultural allotment to an extent not exceeding 320 acres, which shall thereupon be excised from the lease. This privilege of so selecting an agricultural allotment out of a grazing area, however, is not permitted to a married woman who has not obtained a judicial separation.
Any selector under previous Land Act or Acts may take up a grazing area the acreage of which added to that previously selected by him shall not exceed 1,000 acres, and if he have not already selected the maximum of 320 acres allowed under previous Land Acts may, out of the grazing area leased by him, make up the deficiency in the selection hitherto obtained by him at any time, and hold the same under conditions of selection so long as the entire area so selected shall not exceed 320 acres.
|1.||That the lessee shall not assign, sublet, or subdivide without express consent.|
|2.||That the lessee shall destroy vermin.page 6|
|3.||That all improvements shall be maintained in good condition and repair.|
|4.||That les see shall not ring or destroy, or, except for purposes of fencing or building on the leasehold, cut down any timber thereon without express consent of Board.|
|5.||That the lessee shall, at least within three years after date of lease, enclose the land demised with a fence and keep same in repair.|
|6.||Her Majesty, her heirs, &c., may resume possession of any portion on payment to lessee for his interest in lease, together with value of substantial and permanent improvements effected by him on the land resumed.|
|7.||Lessees shall have no better tenure in regard to the right of miners to enter such leased land in search of gold than was possessed by pastoral tenants under "The Land Act 1869."|
|8.||Her Majesty, &c., shall have a right to resume, after giving three years' notice in writing, possession of any land demised upon payment to lessee of his interest in the lease, together with the value of all substantial and permanent improvements erected by the lessee on lands so resumed.|
|9.||The lands demised under any grazing area lease are held, subject to a condition that the holder of a miner's right or of a mining lease shall have the right and be allowed to enter upon such grazing area, and to search for gold and mine thereon and erect and occupy mining plant or machinery, without making compensation to the lessee for surface or other damage.|
Upon the expiry of the term of a lease the lessee, his executors, &c., shall be paid by an incoming tenant the value of fences, wells, reservoirs, tanks, and dams erected or constructed on the leasehold, provided the amount so paid does not exceed the sum actually expended thereon, but in no case shall exceed the sum of 10s. per acre over the land comprised in such leasehold.
A licence to occupy an agricultural allotment is subject to the following limitations and conditions:—
The area to be held under licence may in no case exceed 320 acres. No licence shall be issued to any person who has selected under any previous Land-Act or Acts the maximum of 320 acres, or who has taken up a preemptive right to that extent, or is under 18 years of age, or who is a married woman, not having obtained a decree of judicial separation.
|1.||That the annual rent of Is. per acre shall be paid in advance in half-yearly moieties.|
|2.||That the licensee shall not assign, transfer, or sub-let the agricultural allotment or any part thereof.|
|3.||That the licensee shall at once commence to destroy, and shall, within two years, have destroyed to the satisfaction of the Board, the vermin upon the licensed land, and that he shall keep the land free of vermin during the currency of the licence.|
|4.||That the licensee shall, if not sooner called upon, under the provisions of "The Fences Statute 1874," within six years enclose the land with a fence and keep the same in repair.|
|5.||That the licensee shall, within twelve months after issue of licence, and thence-forward during continuance of licence, occupy the allotment; that within six years the licensee shall erect on his holding substantial and permanent improvements to the value of 20s. per acre included in the allotment.|
If the above conditions are fulfilled by the licensee, he shall be entitled to obtain a grant of the land so licensed to him on payment of 14s. per acre, or may obtain a lease for a term of 14 years at a yearly rental of Is., payable in half-yearly moieties, and on the complete payment of 14s., reserved under lease, shall be entitled to a grant.
The Governor may also issue a "non-residence licence," to improve an agricultural allotment, for a period of six years, at a fee of 2s. per acre per annum, to any person entitled to become a licensee of an agricultural allotment under this Act who has applied for such licence and paid a half-year's fee in advance.
Under such a licence the land shall be enclosed within six years, and permanent and substantial improvements effected to the extent of 20s. per acre before the end of the third year of the currency of the licence, and before the end of the sixth year of the value of 20s. additional, on which the licensee may obtain a lease, the condition of which shall be the payment of 2s. per acre per annum for a term of 14 years—the entire sum payable in respect of the purchase-money of an allotment held under a "non-residential licence" being 40s. per acre.
Except as provided above, no lands included in the agricultural and grazing class shall be alienated in fee simple.
Such land may be held under licences issued for a period not exceeding one year, under which the licensees may reside on or cultivate any land coloured as auriferous on the county maps, and not situated within any city, town, or borough. Any such licence shall not cover more than 20 acres; and not more than one licence shall be granted to or held by any one and the same person.
No land coloured as auriferous on the county maps shall be alienated in fee-simple.
Annual licences for purely grazing purposes may be issued for the occupation of auriferous land that may not be required for mining purposes. Such licences are renewable annually for a period not exceeding five years. Such licence shall not be for a greater area than 1,000 acres, and no person shall so hold more than 1,000 acres of such auriferous land.
The annual rent per acre to be reserved in every such licence shall be fixed by valuers appointed by the Board of Land and Works.
Lands which may be Sold by Auction.
The country lands that may be sold by auction are shown by a distinguishing colour on the county maps, but before any such lands are offered for sale a schedule of the lands proposed to be sold shall be laid before both Houses of Parliament.
The Crown lands within any city, town, or borough proclaimed before the passing of this Act, and any land proclaimed by the Governor in Council as a township, shall be sold by auction.
Notice of every such sale by auction shall be given in the Government Gazette at least 30 days before the date at which such sale shall take place.
The conditions of any sale by auction are that the purchaser shall pay the survey charge at the time of sale and a deposit in cash of 25 per cent, of the whole price, and that the residue of the price shall be payable by twelve equal quarterly instalments, bearing interest at the rate of 6 per cent, per annum, computed with respect to each instalment for the period elapsed between the time of sale and the time of the payment of such instalment.
From and after 1st July, 1885, all moneys arising from the sale of Crown lands by auction shall be credited to a trust account, for the purpose of making provision for the construction of any railways that may hereafter be authorized by Act of Parliament.
There shall be inserted in every Crown grant of lands alienated in fee simple, and in every licence or lease of land demised with the right of acquiring the fee-simple thereof, a condition that such lands are granted or demised subject to the right of the holder of a miner's right or of a mining lease to erect and occupy mining plant or machinery in the same manner as if such land were Crown land, provided that compensation be paid for surface damage, and the payment thereof shall be a condition precedent to such right of entry.
These lands, as shown on the county lithograph plans, shall not be alienated in fee simple; but may be drained and reclaimed by prison or other labour, and when so reclaimed the Governor in Council may grant leases of such swamp lands so drained and reclaimed, in allotments not exceeding 160 acres, for a term of 21 years; particulars of every such lease to be laid before Parliament within one month of the execution thereof.
The lands comprised within State forests are shown on the county lithograph maps by a distinguishing symbol, and shall not be alienated for any freehold estate, but licences may be issued for grazing or residence thereon or to cut timber in any State forest, or any part thereof, subject to the payment of such licence fee and on such other conditions as may be approved by the Governor in Council.
These reserves, shown on the county lithographed plans by a distinguishing symbol, shall not be alienated in fee simple; but from time to time, as they may become denuded of timber and the same is notified in the Government Gazette, such lands so denuded may be added to the pastoral lands or agricultural and grazing lands, and dealt with under the provisions of this Act applicable to such lands.
Grazing licences or licences to cut timber on any timber reserve may be issued subject to the payment of such licence fee and under such conditions as the Governor in Council may approve.
No lands shown on the county lithograph maps as water reserves shall be alienated in fee simple.