Church of England in Australia (Mount Shadwell Land) Act 1969 (Vic)

Version No. 001

Church of England in Australia (Mount Shadwell Land) Act 1969

Act No. 7855/1969

Version as at 8 October 1999

TABLE OF PROVISIONS

Section  Page

1.Short title

2.Definitions

3.Provision relating to trusts

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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 in Australia (Mount Shadwell Land) Act 1969

Act No. 7855/1969

Version as at 8 October 1999

An Act to make Provision with respect to Trusts upon which certain Land at Mount Shadwell in the Parish of Mortlake 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.

Preamble

WHEREAS by virtue of an Indenture of Conveyance dated the 18th day of September, 1915 a memorial of which is registered in the Office of the Registrar General No. 287 Book 474 certain land at Mount Shadwell described in the Schedule to this Act is vested in The Ballarat Diocesan Trustees upon trust at all times to permit the said land and any parsonage house erected thereon to be used by the Minister or Ministers of the United Church of England and Ireland having for the time being the spiritual charge of the Parish of Mortlake at Mount Shadwell as and for a parsonage house and glebe for such Minister or Ministers and for no other purpose whatsoever:

AND WHEREAS the United Church of England and Ireland is now described as the Church of England in Australia:

AND WHEREAS it has been found that the said land is not suitable for use as a parsonage house or glebe because of its nature extent and situation:

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 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 in Australia (Mount Shadwell Land) Act 1969.

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;

"trustee" means The Ballarat Diocesan Trustees.

3.Provision relating to trusts

(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 paragraph (b) be deemed to hold the lands described in the Schedule upon trust to permit the whole or any part of the said lands to be used for such purposes of the Church of England in Australia or for such use of any institution conducted or controlled by the said Church or connected therewith or for such use of any Minister of the said Church as the Bishop of Ballarat acting under the advice of the Council of the Diocese of Ballarat directs; and

(b)the trustee 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 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) for such purposes of the Church of England in Australia or for such use of any institution conducted or controlled by the said Church or connected therewith or for such use of any Minister of the said Church as the Bishop of Ballarat acting under the advice of the Council of the Diocese of Ballarat directs.

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SCHEDULE

Land being the land held by The Ballarat Diocesan Trustees for the Diocese of Ballarat upon trust as a site for a Parsonage House and Glebe for the Minister or Ministers of the Church of England in Australia at Mount Shadwell 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 situate in the County of Hampden Parish of Mortlake at Mount Shadwell being part of Portion Eight of Section Six and containing Twenty acres or thereabout commencing at the South-East angle of the said Portion bounded on the South by the Township Reserve bearing West Ten chains on the West by Portion Seven of the said Parish bearing North Twenty chains on the North by other part of the said Portion Eight bearing East Ten chains at right angles to the said Western boundary and on the East by Portion Nine bearing South Twenty chains to the commencing point.

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ENDNOTES

1.     General Information

The Church of England in Australia (Mount Shadwell Land) Act 1969 was assented to on 21 October 1969 and came into operation on 21 October 1969.

2.     Table of Amendments

There are no amendments made to the Church of England in Australia (Mount Shadwell Land) Act 1969 by Acts and subordinate instruments.

3.     Explanatory Details

No entries at date of publication.