Lands (Charitable Trusts) Act 1951 (Vic)

Version No. 001

Lands (Charitable Trusts) Act 1951

Act No. 5613/1951

Version as at 7 August 2000

TABLE OF PROVISIONS

Section  Page

1.Short title

2.Power of trustees of land to lease the land in certain cases

3.Power of trustees of land where trusts have failed to convey to trustees

4.Statement of terms of proposed consent to be laid before Parliament

5.Saving of other rights of trustees

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SCHEDULE

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

Lands (Charitable Trusts) Act 1951

Act No. 5613/1951

Version as at 7 August 2000

An Act relating to certain Lands held on Trust for Charitable Purposes.

Preamble

WHEREAS the lands referred to in the Schedule to this Act are respectively held by trustees on trust for certain charitable purposes:

AND WHEREAS it is expedient to make further provision as hereinafter provided in relation to such lands and the trusts on which they are held:

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

This Act may be cited as the Lands (Charitable Trusts) Act 1951.

2.Power of trustees of land to lease the land in certain cases

(1)Unless expressly prohibited by the trust instrument, the trustees of any land referred to in the Schedule to this Act may, with the consent in writing of the Attorney-General and subject to this Act, from time to time lease such land or any portion thereof for a term of not more than ninety-nine years to any municipality or to the Returned Sailors' Soldiers' and Airmen's Imperial League of Australia or any branch or sub-branch thereof or to any body approved for the purpose by the Attorney-General.

(2)The Attorney-General shall not so consent to any such lease unless he is satisfied that there will be satisfactory facilities available for the continued use of the land for the charitable purposes for which it is used.

(3)Every such lease—

(a)shall contain such provisions—

(i)requiring the lessee to effect improvements on the land; and

(ii)to ensure the continued use of the land for the charitable purposes for which it is used—

as the Attorney-General in the circumstances of the case considers expedient;

(b)may provide that the rent shall be such rent (whether the full economic rent or a nominal rent or otherwise) as with the approval of the Attorney-General is specified in the lease; and

(c)shall contain such other provisions as the Attorney-General in the circumstances of the case considers expedient.

3.Power of trustees of land where trusts have failed to convey to trustees

(1)Unless expressly prohibited by the trust instrument, the trustees of any land referred to in the Schedule to this Act may, with the consent in writing of the Attorney-General and subject to this Act, transfer or convey such land to the trustees of any patriotic fund within the meaning of the Patriotic Funds Act 1939 to be held for the purposes of such fund or to any municipality.

(2)The Attorney-General shall not so consent to any such transfer or conveyance unless he is satisfied that the charitable trusts on which the land is held have failed and cannot reasonably be implemented.

(3)Every such transfer or conveyance shall be made—

(a)subject to such conditions and trusts as the Attorney-General in the circumstances of the case considers expedient; and

(b)for such consideration (if any) as the Attorney-General approves.

(4)On the execution of any such transfer or conveyance in accordance with this section the trusts on which the land was held before such transfer or conveyance shall cease and determine.

4.Statement of terms of proposed consent to be laid before Parliament

The Attorney-General shall, before consenting under this Act to any lease or transfer, cause to be laid on the table of both Houses of Parliament a statement of the proposed terms of such consent and of the facts of the case, and shall not give his consent until such statement has so lain on the table of both Houses for at least twenty-eight days.

5.Saving of other rights of trustees

The provisions of this Act shall be read and construed as in aid of and not in derogation from any other powers of trustees existing apart from this Act.

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SCHEDULE

1.   The land held for and in conjunction with the building known as the Corryong Athenaeum Hall in the shire of Upper Murray.

2.   The land held for and in conjunction with the building known as the Hampton Memorial Hall in the city of Sandringham.

3.   The land held for and in conjunction with the building known as the Balwyn Athenaeum Hall in the city of Camberwell.

4.   The land held for and in conjunction with the building known as the Lake Boga Mechanics Institute in the shire of Swan Hill.

5.   The land held for and in conjunction with the building known as the Seaford Hall in the shire of Frankston and Hastings.

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ENDNOTES

1.     General Information

The Lands (Charitable Trusts) Act 1951 was assented to on 18 December 1951 and came into operation on 18 December 1951.

2.     Table of Amendments

There are no amendments made to the Lands (Charitable Trusts) Act 1951 by Acts and subordinate instruments.

3.     Explanatory Details

No entries at date of publication.