Church of England (Greensborough Land) Act 1961 (Vic)

Version No. 001

Church of England (Greensborough Land) Act 1961

Act No. 6843/1961

Version as at 26 February 2003

TABLE OF PROVISIONS

Section  Page

1.Short title

2.Definitions

3.Powers of Trustee

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SCHEDULE

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

Church of England (Greensborough Land) Act 1961

Act No. 6843/1961

Version as at 26 February 2003

An Act to make Provision with respect to Trusts upon which certain Land at Greensborough is held by the Church of England Trusts Corporation for the Diocese of Melbourne and with respect to the Sale or other Disposition of such Land and the Application of the Proceeds thereof and for other purposes.

Preamble

WHEREAS by an Indenture of Conveyance dated the twenty-second day of May One thousand Eight hundred and fifty-five a memorial of which is registered in the Office of the Registrar General No. 901 Book 26 the lands mentioned in the said Indenture (being the land at Greensborough described in the Schedule to this Act) were conveyed to The Right Reverend Charles Lord Bishop of Melbourne and his successors Upon Trust for ever thereafter to hold the same for and to be used as a Site for a School for poor persons of and in the Parish of Keelbundora in the County of Bourke according to the principles of the Established Church of England and for the residence of the Schoolmaster of such School and for no other use intent or purpose whatsoever such School to be managed controlled and governed in manner set forth in the said Indenture and subject to the Regulations of the Denominational School Board of the Colony of Victoria.

AND WHEREAS the said lands are now vested in The Church of England Trusts Corporation for the Diocese of Melbourne by virtue of an Indenture of Conveyance dated the twenty-eighth day of July One thousand Nine hundred and twenty-five a memorial of which is registered in the office of the Registrar General Number 416 Book 515:

AND WHEREAS the said land was after the creation of the Trusts aforesaid and in accordance therewith used as a site for a school but since the establishment at Greensborough of a State School it has been found impracticable and it is now impracticable for the Church of England to use the said land as a site for a School in accordance with the said Trusts:

AND WHEREAS for many years the land has formed part of the Church of England Parish of All Saints Greensborough and the Church of All Saints is erected thereon:

AND WHEREAS it is expedient to declare that the said lands shall be deemed to be held by the said The Church of England Trusts Corporation for the Diocese of Melbourne 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 Queen'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

This Act may be cited as the Church of England (Greensborough Land) Act 1961.

2.Definitions

In this Act unless inconsistent with the context or subject-matter—

"Archbishop of Melbourne" includes the person duly authorized to administer the affairs of the Diocese of Melbourne during any vacancy of the See;

"Trustee" means The Church of England Trusts Corporation for the Diocese of Melbourne.

3.Powers of Trustee

(1)Notwithstanding anything in any Act or enactment or in any conveyance assurance or trust whatsoever—

(a)the trustee shall, subject to the exercise of the powers conferred on the trustee by the next succeeding paragraph, be deemed to hold the lands described in the Schedule to this Act upon trust to permit the whole or any part of the said lands to be used for such purposes of the Church of England or for such use of any institution conducted or controlled by the said Church or connected therewith as the Archbishop of Melbourne acting under the advice of the Council of the Diocese of Melbourne directs; and

(b)the Trustee with the consent of the Archbishop of Melbourne acting under the advice of the Council of the Diocese of Melbourne may mortgage sell lease (whether on building lease or otherwise) or exchange the said lands or any part thereof and may create easements over or reserve roads on the said lands or any part thereof.

(2)The Trustee shall apply any proceeds arising from any mortgage sale lease or other dealing with the said lands as provided in paragraph (b) of sub-section (1) of this section for such purposes of the Church of England or for such use of any institution conducted or controlled by the said Church or connected therewith as the Archbishop of Melbourne acting under the advice of the Council of the Diocese of Melbourne directs.

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SCHEDULE

Land being the land held by The Church of England Trusts Corporation for the Diocese of Melbourne Upon Trust as a site for a School and for the residence of the Schoolmaster 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.

ALL that piece or parcel of land containing by admeasurement Two acres two roods and ten perches or thereabouts be the same more or less in the Parish of Keelbundora in the County of Bourke in the said Colony of Victoria being part of Section No. 18 in the said parish and being Lot fifty-six on the plan of Subdivision of the said Section commencing at the angle formed by the Intersection of the Eastside of Church-street one chain wide reserved out of the said Section with the North side of the Government Road leading from Melbourne to the Kangaroo Ground such angle being distant seventy-nine chains East from a point (on the Western boundary line of the said Section Number eighteen) fifty links north from the South-Western Corner of the said Section and bounded on the South and South-East by the said Government Road being lines bearing East two chains then North forty-two degrees East five hundred and twenty links on the North-East by other part of the said Section being a line at right-angles to the last line bearing East forty-five degrees South four chains on the North by other part of the said Section being a Line at an obtuse angle to the last line running West two hundred and seventy links On the West by Church-street being a line at right-angles to the last line bearing South six hundred and fifty links to the commencing point as the same is more particularly shown in the Plan drawn in the margin of these presents and is therein coloured pink TOGETHER with all ways rights of way easements members and appurtenances to the same piece or parcel of Land belonging or appertaining.

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ENDNOTES

1.     General Information

The Church of England (Greensborough Land) Act 1961 was assented to on 19 December 1961 and came into operation on 19 December 1961.

2.     Table of Amendments

There are no amendments made to the Church of England (Greensborough Land) Act 1961 by Acts and subordinate instruments.

3.     Explanatory Details

No entries at date of publication.