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CHAP. XXXI

LAND ACTS OF 1860 AND 1862

287

for improvements on his rented subdivision, but he is to be entitled to purchase the fee-simple at any time during his term, upon payment of a sum equal to the purchase-money of his purchased subdivision. If there are applicants for both subdivisions of a section, they compete together at the auction, and the highest bidder is entitled to claim his choice of one, and to purchase or rent the other without competition. But no selector is to obtain more than 640 acres of land, leased or purchased, within a year, except in the case of lands which have been open for sale twelve months. An important section provides that country lands are to be proclaimed open for selection in districts, not in isolated allotments. Moreover, when one-fourth of the lands opened by a proclamation have been selected under this process, the purchasers may use the unsold allotments as 'farmers' commons" for pasturage purposes.1

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"Special" lands, i.e. lands within certain named distances of towns, villages, sea-coasts, railways, and rivers, are to be sold by quarterly auction sales, at an upset price which is never to be less than £1 an acre for the fee-simple, and may be raised by the Governor in Council previous to a sale. The value of existing improvements is to be added to the upset price, and purchasers are not, without permission of the Board of Land and Works, to interfere with existing races, dams, or reservoirs.2 Mining leases may be granted for thirty years, and licences, for one year, for any purpose except the working of gold, and "Town Commons," for the use of the inhabitants of towns, may be proclaimed.*

The scheme of 1860 was substantially altered by the "Land Act 1862,"5 which provides that ten million acres of Crown land shall be at once set aside for proclamation in agricultural areas, two millions to be kept constantly open for selection. The competitive clauses of the Act of 1860 are replaced by provisions which give the exclusive right of purchase to the first selector, and the minimum size of an allotment is reduced to 40 acres. In other respects the methods of application and allotment are continued, except that the term 1 24 Vic. No. 117, §§ 14-47.

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The gold fields were then
5 25 Vic. No. 145.

2 24 Vic. No. 117, §§ 48-59. regulated by the 21 Vic. No. 32. 625 Vic. No. 145, § 12. 8 § 13.

for which a lease of one subdivision may be granted on the purchase of the other is fixed at eight years, and the rent at half-a-crown an acre.1 The holders of licences under the former Act are to have a pre-emptive claim to purchase the subdivision occupied by them under the licence.2 An important section 3 provides that every selector is within one year to cultivate one acre out of every ten of his allotment, or to erect a dwelling, or a substantial fence upon the allotment. All lands not comprised in the agricultural reserve are to be open for sale by public auction at the minimum upset price of £1 an acre.*

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After authorising the granting of short leases for various. industrial purposes, and making elaborate provisions for the proclamations of commons, the Act of 1862 proceeds to deal with the subject of squatting. The existing system of licence fees and assessment on stock is abolished, in favour of a system of rent, assessed on the capabilities of runs at the rate of eightpence a head for sheep and two shillings a head for cattle. No licence is, in the future, to protect any run from sale or proclamation as a common, and henceforth new runs are to be disposed of by auction, none being created of greater carrying capacity than 5000 sheep or 1250 cattle. The licensee of a run is not to cultivate any more land than will be sufficient for the supply of his own family and establishment, but he may transfer his interest in a run or part of it, and on ejectment he may recover modified compensation for improvements effected by him with the consent of the Board of Land and Works, or be allowed to purchase the land on which they are made (not exceeding 320 acres) at the statutory minimum of £1 an acre.8 The Act also provides that one-fourth of the total Land revenue shall be devoted to the assistance of emigration from the United Kingdom.9

The Act of 1862 was only intended to operate until the close of the year 1870,10 but before its expiry its provisions were substantially modified by the "Amending Land Act 1865." 11 The latter statute abolishes the geographical reserve of the Act of 1862, authorises 12 the proclamation of new counties, and merely empowers the Government to proclaim agricultural areas when surveyed, and to throw them open for selection.13

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CHAP. XXXI

LAND ACT OF 1869

289

For the future, however, selectors are only to be entitled to seven-year leases of their allotments, at rents of two shillings an acre, until they have resided upon them for three years, and have made improvements of the value of £1 an acre. They are then to be entitled to purchase the fee-simple at the fixed price of £1 an acre.1 No selector is to obtain more than 640 acres of agricultural land. If he pleases, at the end of his three years, the selector may require the Government to put up his land to auction at the reserve of £1 an acre plus the value of his improvements, and to have the value of his improvements repaid out of the purchase money.3 The selector may not part with his interest until three years from the commencement of his term.*

All lands not included in agricultural areas (as well as those reserved for townships in agricultural areas) are by the Act of 1865 authorised to be sold by auction.5 Increased provisions are made for commons, and for leases for industrial purposes. The rules on the subject of squatting are also slightly amended."

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The whole subject was recoded by "The Land Act 1869," which provided for the acquisition of the fee-simple of Crown land in two ways, viz. by occupation and improvement, followed by grant, and by immediate purchase. With regard to the former process, the intending purchaser is to be entitled to apply to a Land officer for licence to occupy any land not exceeding 320 acres and not being within the limits of a city, town, or borough, for a period of three years, at a fee of two shillings an acre for each year. If the licensee resides on his allotment for at least two years and a half, and, within the three years, effects substantial improvements of the value of £1 an acre, he is to be then entitled either to a grant of his allotment upon payment of fourteen shillings an acre, or a lease for a further period of seven years at an annual rent of two shillings an acre, with a right to purchase the fee-simple at any time upon payment of the difference between the total amount of his rent paid since the commencement of the lease and the statutory price of £1 an acre." The interest of the licensee is not saleable, nor even descendible.10

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In the case of the immediate purchase, the lands are put up to auction at the orthodox minimum reserve. But there is a limit of 200,000 acres on the sales of Crown land during any one year, and a sum of £200,000 a year, arising from the sale or alienation of Crown lands under the Act, is to be appropriated towards the construction of railways or the extinguishment of railway debentures.1

In the Act of 1869 the powers of the Government with regard to the proclamation of commons are greatly simplified by the abolition of the various distinct classes of commons before existing, and the conferring of general authority on the subject.2 The provisions on the subject of squatting are mainly continued, except that no claim for compensation for improvements is to be recognised after the 31st December 1870.3 On the other hand, the pre-emptive right to the homestead is to be continued.4

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The scheme of the Act of 1869, with its various amendments, was in the year 18846 replaced by another scheme, which, with its amendments and the Mallee scheme of 1883,7 has been incorporated into the consolidated Land Act 1890. By this Act the unalienated lands of the Crown in the colony are arranged in eight classes, each having its own special regulations. The names of these classes and their respective areas are recorded in maps sealed with the seal of the Board of Land and Works, and deposited with the Clerk of the Parliaments. They may be enumerated as follows.

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a. Pastoral lands, which are to be divided into allotments, varying in capacity from 1000 to 4000 sheep, or from 150 to 500 head of cattle. These allotments may be leased for any period which will expire before the 30th December 1898, but the fee-simple may not be sold.10 The lease is granted to the first applicant," provided that he is not already tenant of an allotment." The annual rent to be reserved upon the lease

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2 §§ 57-62.

3 § 80.

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$ 79.

1 33 Vic. No. 360, §§ 34-43. 5 E.g. 39 Vic. No. 515 (which raised the rental of squatting runs to one shilling a head for sheep and five shillings a head for cattle), 42 Vic. No. 634 (which increased the term and decreased the rent of the allotment licenses), 43 Vic. No. 653, 44 Vic. No. 681. 6 By the 48 Vic. No. 812.

7 47 Vic. No. 766, 48 Vic. No. 795, 49 Vic. No. 875, 53 Vic. No. 1040.

8 Land Act 1890, § 6. There is, however, really a ninth class of lands described as being within the "Mallee Country" (§ 145).

9 § 19.

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SS 20, 21.

11 § 22.

12 § 21.

CHAP. XXXI

LAND ACT OF 1884

291

is to be at the rate of one shilling a head for sheep and five shillings a head for cattle, according to the carrying capacity of the run, with a maximum estimate of 10 acres to a sheep or 50 to each head of cattle.1

The interest of the lessee is not transferable without the consent of the Board of Land and Works, he must within three years destroy all the vermin2 upon his land, and keep it free from vermin and spreading weeds, and he must not destroy timber without Government permission.3 The Government reserves the right of resuming any part of his land for public purposes, and of granting working licences for industrial purposes to strangers. The Crown may also resume the land without special object upon giving three years' notice, and upon payment for improvements made before the notice." Moreover, on the expiry of his term, the tenant is entitled to be paid by the incoming lessee the value of his improvements (limited to half-a-crown an acre) so far as they have increased the value of the land for pastoral purposes, and at any time during the term he may select a homestead of not more than 320 acres upon payment of £1 an acre.7

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b. Agricultural and Grazing lands, which are divided into grazing areas" of varying size, not exceeding 1000 acres each.8 These grazing areas are dealt with in two distinct

ways:

1. They are granted, at annual rents of from twopence to fourpence an acre, under terms of lease very similar to those described under the heading of "Pastoral Lands," except that the lessee is bound to fence within three years, and on the expiry of his term he may recover from the incoming tenant for the value of his improvements up to ten shillings an acre.9

2. Parts of them, not exceeding 320 acres in any case, may be set aside as "agricultural allotments" on the application of the respective lessees, provided that such applicants have not selected, under previous Land Acts, allotments which, with the new selection, will give them more than 320 acres altogether.10 Such applicants receive occupation licences for periods of six years at one shilling an acre. 11 Their interest is not transferable, 12 but if they

1 Land Act 1890, § 26.

2 "Vermin" includes kangaroos, wallabies, dingoes, stray dogs, foxes, and rabbits, and any other animal or bird proclaimed by the Governor in Council 3 § 27.

(§ 4).

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4 Ibid.

9 §§ 32, 37, 38.

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§ 29.

5 Ibid. 6 § 28. § 30. 10 §§ 33, 34. 11 § 42. 12 It may, however, be pledged under certain conditions (§§ 56-63).

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