Northcote Trust Fund Act 1975 (Vic)
Version No. 001
Northcote Trust Fund Act 1975
Act No. 8678/1975
Version incorporating amendments as at 9 August 2000
table of provisions
Section Page
1.Short title
2.Road to be closed
3.Certain lands to become Crown lands
4.Power to Australian trustees to dispose of certain lands
5.Australian trustees
6.English trustees
7.Obligations of Registrar of Titles
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SCHEDULES
SCHEDULE 1—Land
SCHEDULE 2—Land
SCHEDULE 3—Land
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Version No. 001
Northcote Trust Fund Act 1975
Act No. 8678/1975
Version incorporating amendments as at 9 August 2000
An Act with respect to the Powers of the Australian Trustees of the Northcote Children's Emigration Fund in relation to certain Lands at Bacchus Marsh, and for other purposes.
Preamble
WHEREAS the Right Honourable Alice Stephen Baroness Northcote hereinafter called the "testatrix" died on the first day of June One thousand nine hundred and thirty-four having by her will dated the thirteenth day of May One thousand nine hundred and thirty-two inter alia provided for the balance of her residuary estate to constitute a fund under the name of the "Northcote Children's Emigration Fund for Australia" (hereinafter called the "Fund") for the purpose of enabling and assisting poor children of either sex and in particular (but not exclusively) orphans to emigrate from any part of Great Britain to any part of the Commonwealth of Australia and there to establish and equip themselves in life:
AND WHEREAS pursuant to a deed of trust made the twenty-seventh day of September One thousand nine hundred and thirty-nine the Honorable Sir William Charles Angliss vested certain land at Bacchus Marsh in the State of Victoria in the Fairbridge Farm Schools (Incorporated) a company not for profit and limited by guarantee incorporated under the English Companies Acts upon trust to administer sell mortgage lease or otherwise dispose of or deal with the same in such manner as the English trustees appointed pursuant to the Schedule to the Will of the said testatrix shall from time to time direct except insofar as the English trustees shall from time to time delegate the power to give such direction to the Australian trustees appointed pursuant to the said Schedule and in the event of such delegations as the Australian trustees shall direct:
AND WHEREAS the said trust constituted by Sir William Charles Angliss was declared to be governed by and enforceable under the law of the State of Victoria:
AND WHEREAS with the aid of moneys advanced by the Government of Great Britain and by the Government of the Commonwealth of Australia there has been established on the said land a farm and a village for the accommodation of emigrant children (hereinafter called the "Northcote School"):
AND WHEREAS the testatrix by her will appointed certain persons to be English trustees and certain persons to be Australian trustees for the purposes of the Fund and made certain provisions with respect to the appointment of new English and Australian trustees from time to time:
AND WHEREAS by the Northcote School Act 1960 certain persons were declared to be the Australian trustees:
AND WHEREAS the Australian trustees were by the said Act authorized to enter into and carry out arrangements for the education and upbringing of children whether from Great Britain or elsewhere at the Northcote School with any government person or organization in Australia:
AND WHEREAS the Australian trustees pursuant to the powers conferred by the said Act entered into arrangements with the Victorian Government:
AND WHEREAS the English trustees have determined to cease making payments to the Australian trustees for the purposes of the Northcote School:
AND WHEREAS the Australian trustees being no longer able to contribute to the management of the Northcote School desire to surrender to the Crown part of the lands upon which the Northcote School is established so that the facilities can continue to be used for the benefit of children:
AND WHEREAS the Victorian Government desires to continue the Northcote School for the benefit of children:
AND WHEREAS the Australian trustees desire to dispose of the remainder of the land at Bacchus Marsh vested in the Fairbridge Farm Schools (Incorporated) and to hold the proceeds of such sale on certain trusts for the benefit of young people:
AND WHEREAS the English trustees and the directors of the Fairbridge Farm Schools (Incorporated) concur in the proposals of the Australian trustees:
AND WHEREAS the land delineated and marked "X" on the plan in Schedule One and the land delineated and marked "V" on the plan in Schedule Two are parts of the lands that were proclaimed to be roads pursuant to the powers conferred by section 73 of the Land Act 1884 by Order in Council published in the Government Gazette dated the 13th May 1887 at page 1271:
AND WHEREAS in or about the year One thousand nine hundred and four the Shires of Ballan and Bacchus Marsh proposed that the land delineated and marked "W" on the plan in the Second Schedule be dedicated as a road in substitution for the lands "X" and "V" on the plans in Schedule One and Schedule Two respectively:
AND WHEREAS the said lands delineated and marked "V" and "X" respectively are currently comprised in Certificate of Title Volume 6358 Folio 549 and Certificate of Title Volume 8899 Folio 039 respectively:
AND WHEREAS it is expedient to revoke the Order in Council relating to the said lands marked "X" and "V" and to declare the land delineated and marked "W" on the plan in Schedule Two to be a road:
AND WHEREAS it is expedient to make provision to give effect to these proposals:
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 Northcote Trust Fund Act 1975.
2.Road to be closed
(1)The Order in Council published in the Government Gazette on the 13th May 1887 at page 1271 is hereby revoked insofar as it relates to the land delineated and marked "X" in Schedule One and the land delineated and marked "V" in Schedule Two. The said lands shall cease to form parts of a road and all rights easements and privileges existing for the public or claimed by any person in or in any connexion with the lands as parts of a public road shall cease and determine.
(2)The land delineated and marked "W" on the plan in Schedule Two shall be dedicated to the public as a road.
3.Certain lands to become Crown lands
(1)The land delineated and marked "Y" on the plan in Schedule Three and containing 25×04 hectares or thereabouts shall be and be deemed to be unalienated land of the Crown freed and discharged from all trusts encumbrances limitations and restrictions and from every estate and interest therein.
(2)The Crown shall be entitled to the benefit of an easement of drainage and sewerage on over and under the land delineated and marked "Z" on the plan in Schedule Three and such easement shall be deemed at all times to be appurtenant to the land delineated and marked "Y" on the plan in Schedule Three.
4.Power to Australian trustees to dispose of certain lands
(1)The lands described in folios of the Register Volume 6358 Folio 549 and Crown Grant Volume 6382 Folio 281 other than the land referred to in sub-section (1) of section 3 shall by the operation of this Act become and be vested in the Australian trustees subject only to the easement created by this Act and the easement in favour of State Electricity Commission of Victoria recorded on the folio of the Register Volume 6358 Folio 549 and the Australian trustees are hereby authorized and empowered to sell the same subject only to the said easements and to execute all such transfers and other instruments as are necessary to transfer such lands to the purchaser.
(2)The Australian trustees shall hold the proceeds of the sale of the land referred to in sub-section (1) on trust for such purposes as in the opinion of the trustees will assist young people to further their education whether within or outside Australia.
(3)The Australian trustees may, if they think fit, enter into arrangements for combined schemes or projects with the English trustees or any other trustees or persons having funds available for similar purposes to those referred to in sub-section (2) as will in the opinion of the trustees assist young people to further their education whether within or outside Australia.
5.Australian trustees
(1)The provisions made by the Will of the testatrix with respect to the appointment retirement and discharge of Australian trustees shall no longer apply in or in relation to the appointment retirement or discharge of Australian trustees as trustees for the property or the proceeds of the sale of the property referred to in this Act.
(2)The provisions of Part III of the Trustee Act 1958 shall apply with respect to the appointment retirement and discharge of the Australian trustees in and in relation to the appointment retirement or discharge of Australian trustees as trustees for the property or the proceeds of the sale of the property referred to in this Act with the following modifications—
(a)there shall be not less than four nor more than seven Australian trustees;
(b)the power of appointing new trustees shall be vested in the surviving or continuing Australian trustees or the personal representative of the last surviving or continuing Australian trustee.
6.English trustees
As on from and after the commencement of this Act the English trustees shall be freed and discharged from all trust duties and obligations with respect to the property dealt with by this Act or authorized to be dealt with by the Australian trustees under this Act.
7.Obligations of Registrar of Titles
The Registrar of Titles must, upon application by the Australian Trustees and upon submission of the relevant certificates of title and without fee, make any recordings in the Register kept under the Transfer of Land Act 1958 that are necessary or expedient because of this Act.
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SCHEDULES
SCHEDULE ONE
Land
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SCHEDULE TWO
Land
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SCHEDULE THREE
Land
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ENDNOTES
1. General Information
The Northcote Trust Fund Act 1975 was assented to on 22 April 1975 and came into operation on 22 April 1975.
2. Table of Amendments
This Version incorporates amendments made to the Northcote Trust Fund Act 1975 by Acts and subordinate instruments.
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Transfer of Land (Computer Register) Act 1989, No. 18/1989
Assent Date: 16.5.89 Commencement Date: 3.2.92: Government Gazette 18.12.91 p. 3488 Current State: All of Act in operation
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3. Explanatory Details
No entries at date of publication.
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