Version No. 001
Church of England (Port Fairy) Land Act 1938
Act No. 4590/1938
Version as at 26 February 2003
table of provisions
SectionPage
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SectionPage
1.Short title
2.Definitions
3.Alteration of trusts upon which land in Schedule is held and powers of disposition etc. thereof
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SCHEDULE
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
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Version No. 001
Church of England (Port Fairy) Land Act 1938
Act No. 4590/1938
Version as at 26 February 2003
An Act to make provision with respect to the Trusts upon which Certain Land at Port Fairy is held by The Ballarat Diocesan Trustees and with respect to the Sale or other Disposition of such Land and the Application of the Proceeds thereof, and for other purposes.
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Act No. 4590/1938
Church of England (Port Fairy) Land Act 1938
Preamble
WHEREAS by an indenture of conveyance dated the first day of August One thousand eight hundred and fifty (a memorial of which is registered in the Office of the Registrar-General Number 142 BookK) the land secondly mentioned and described in the said indenture, being the land described in the Schedule to this Act, was conveyed unto certain persons named in the said indenture as trustees of an intended church and minister's dwelling at Belfast (now Port Fairy), appointed under and by virtue of an Act of the Governor and Legislative Council of New South Wales passed in the eighth year of the reign of His Late Majesty King William the Fourth intituled "An Act to regulate the temporal affairs of Churches and Chapels of the United Church of England and Ireland, in New South Wales", their heirs and assigns for ever upon trust for the erection thereon of a minister's dwelling in connexion with a church or chapel to be erected on certain other land conveyed by the said indenture of conveyance and also upon trust for the purposes provided for in and by the said Act:
AND WHEREAS by an indenture of conveyance dated the twentieth day of November One thousand nine hundred and twenty-six (a memorial of which is registered in the Office of the Registrar-General Number 480 Book 521) the representatives of the last survivor of the said trustees conveyed the land described in the said Schedule unto The Ballarat Diocesan Trustees its successors and assigns for ever upon the trusts hereinbefore recited:
AND WHEREAS the land has been found unsuitable as a site for a minister's dwelling:
AND WHEREAS it is expedient to declare that the said land shall be deemed to be held by the said The Ballarat Diocesan Trustees upon and subject to the trusts hereinafter provided and with the powers of disposition thereof and dealing therewith hereinafter provided and to make such provision with respect to the application of the proceeds of any sale or other disposition thereof or dealing therewith as is hereinafter provided:
BE IT THEREFORE ENACTED by the King's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1.Short title
s. 1
This Act may be cited as the Church of England (Port Fairy) Land Act 1938.
2.Definitions
In this Act unless inconsistent with the context or subject matter—
"Bishop of Ballarat" includes the person duly authorized to administer the affairs of the Diocese of Ballarat during any vacancy of the See;
"Trustees" means The Ballarat Diocesan Trustees.
3.Alteration of trusts upon which land in Schedule is held and powers of disposition etc. thereof
s. 3
(1)Notwithstanding anything in any Act or enactment or in any conveyance assurance or trust whatsoever—
(a)from and after the commencement of this Act the trustees shall, subject to the exercise of the powers conferred on the trustees by the next succeeding paragraph, be deemed to hold the land described in the Schedule to this Act upon trust to permit the whole or any part of the said land to be used for such purposes of the Church of England or for such use of any minister or officer thereof or of any institution conducted or controlled by the said church or connected therewith as the Bishop of Ballarat acting under the advice of the Council of the Diocese of Ballarat directs; and
(b)the trustees with the consent of the Bishop of Ballarat acting under the advice of the Council of the Diocese of Ballarat may mortgage sell lease (whether on building lease or otherwise) or exchange the said land or any part thereof and may create easements over or reserve roads on the said land or any part thereof.
(2)The trustees shall apply any proceeds arising from any mortgage sale lease or other dealing with the said land as provided in paragraph (b) of sub-section (1) of this section towards the cost of erecting a minister's dwelling on other land in the town of Port Fairy and towards such other purposes in connexion therewith as the Bishop of Ballarat acting under the advice of the Council of the Diocese of Ballarat from time to time directs.
s. 3
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SCHEDULE
Sch.
Land, being the land held by The Ballarat Diocesan Trustees in trust as a site for a Minister's dwelling at Port Fairy, with respect to which the trusts are by this Act changed, and which may be mortgaged sold leased or exchanged as by this Act provided.
Two acres more or less being allotments 3, 4, 7 and 8, Block 21, Town of Port Fairy, Parish of Belfast, County of Villiers:
Commencing at a point bearing South two chains from the north-east corner of Villiers-street and Bank-street in the said Town, thence by Villiers-street aforesaid bearing South four chains, thence by allotments numbers 2 and 9 of the said block being a line bearing West five chains, thence on the West by College-street bearing North four chains, thence on the North by allotments numbers 5 and 6 of the said block being a line bearing East five chains to the point of commencement.
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ENDNOTES
Endnotes
1.General Information
The Church of England (Port Fairy) Land Act 1938 was assented to on 21November 1938 and came into operation on 21 November 1938.
2.Table of Amendments
Endnotes
There are no amendments made to the Church of England (Port Fairy) Land Act 1938 by Acts and subordinate instruments.
3.
Explanatory Details
Endnotes
No entries at date of publication.
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