Roman Catholic Holy Name Cathedral Site Act 1969 (Qld)

204 ANNO OCTODECIMO ELIZABETHAE SECUNDAE REGINAE An Act to Authorize the Sale of certain Church Lands and Improvements thereon by The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane, to apply the Proceeds towards certain purposes in connexion with the Roman Catholic Church and for other purposes [ASSENTED TO 17TH DECEMBER, 1969] Preamble . Whereas between the years 1916 and 1930 a project was planned within the Roman Catholic Church for the erection of a new cathedral in Brisbane to be known as the Holy Name Cathedral and for this purpose the said Church provided and acquired lands set out and described in the Schedule to this Act. which lands are vested in the ownership of The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane and are hereinafter in this Act referred to as " the said lands ":

Roman Catholic Holy Name Cathedral Site Act 1969 205 And whereas in connexion with the project an extensive appeal was made for funds for the purpose of erecting the cathedral on the said lands and it was implicit in the appeal that the said lands would be made available for the purpose: And whereas, as a result of the appeal, substantial sums of money were received from donations, bequests and other sources and the sums were expended on site and foundation work preliminary to the building of the cathedral and in the acquisition of certain of the said lands: And whereas the construction and completion of the cathedral as originally envisaged would now involve the expenditure of an amount of money not previously within contemplation, and changing conditions and practices make it undesirable to build on the said lands a large cathedral of the type originally planned, so that it is no longer expedient to pursue further the project referred to: And whereas, in the circumstances as aforesaid, it is expedient that the said Corporation should be authorized to sell the said lands and improvements thereon and to apply the proceeds, together with any disposition of property in favour of the project referred to, for the purposes hereinafter set forth. Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same , as follows:- 1. Short title . This Act may be cited as the Roman Catholic Holy Name Cathedral Site Act 1969. 2. Meaning of terms. In this Act , unless the contrary intention appears- property " includes money; " the Corporation " means The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane constituted under The Religious Educational and Charitable Institutions Acts 1861 to 1967; " the said lands " as well as having the meaning assigned to it in the Preamble to this Act, includes improvements thereon. 3. Power of sale . (1) The Corporation may sell the said lands for an estate in fee-simple freed and discharged from all trusts, if any, to which they are or may be subject. (2) The said lands may be sold in one or more lots and either by public auction or private contract, and subject to such terms and conditions as the Corporation deems fit. 4. Application of proceeds of sale. All moneys realized by the sale of the said lands as aforesaid shall be applied by the Corporation firstly in payment of the reasonable expenses of and attending the sale and, subject thereto, to or towards the extension and repair of Saint Stephen's Roman Catholic Cathedral in Elizabeth Street , Brisbane or to or towards such other uses and purposes and generally in such manner for promoting the spiritual and temporal welfare of the Roman Catholic Archdiocese of Brisbane as the Roman Catholic Archbishop of Brisbane for the time being in his discretion shall think fit in accordance with the rules and practice thereof.

206 Roman Catholic Holy Name Cathedral Site Act 1969 5. Application of property by Corporation . Where property is held by the Corporation at the commencement of this Act subject to a trust 'to apply the same for- a) the purpose of the erection on the said lands or part of the said lands of the Holy Name Cathedral referred to in the Preamble to this Act; (b) the purpose of the furnishing of the said Cathedral; (c) a purpose in any other way connected with the said Cathedral, it shall be a lawful performance of the trust if the property is applied in accordance with the provisions of section 4 of this Act relating to the application of moneys after payment of expenses referred to therein. 6. Application of other property . Where property is held by any person at the commencement of this Act subject to a trust to apply the same for any of the purposes referred to in section 5 of this Act, it shall be a lawful performance of the trust if the property is applied in accordance with the provisions of section 4 of this Act relating to the application of moneys after payment of expenses referred to therein, and the property may be transferred to or otherwise placed in the hands of the Corporation by that person accordingly. 7. Discharge of person holding property subject to trust . Where, pursuant to section 6 of this Act, a person transfers property to the Corporation or otherwise places property in its hands, the receipt in writing of the trustees of the Corporation shall be to the person a full and sufficient discharge for such property and he shall not be required to see to the application or be affected by the misapplication or non- application thereof. 8. Protection where property held subject to trust . Disposal of property in accordance with the provisions of this Act by the Corporation or by a person to whom section 6 of this Act refers shall not constitute a breach of trust by the Corporation or such person and no action or suit shall lie against the Corporation or that person in respect of such disposal. SCHEDULE Lands situated in the County of Stanley, Parish of North Brisbane, City of Brisbane, described as- (a) Subdivisions 3 to 9 and 22 and Resubdivision 1 of Subdivisions 10 to 12 and Resubdivision I of Subdivision 2 of Eastern Suburban Allotment 67 containing 3 roods 16.2 perches being the whole of the land in Certificate of Title No. 344200 Volume 1834 Folio 190; (b) Subdivision I of Resubdivision B of Subdivision I of Eastern Suburban Allotment 67 containing l3.7 perches being the whole of the land in Certificate of Title No. 317426 Volume 1713 Folio 166; (c) Subdivision I of Resubdivisions 1 and 2 of Subdivision 16 of Eastern Suburban Allotment 68 containing 20 perches being the whole of the land in Certificate of Title No. 288669 Volume 1590 Folio 159;

Roman Catholic Holy Name Cathedral Site Act 1969 207 (d) Resubdivision 1 of Subdivisions Al and 15 of Eastern Suburban Allotment 68 containing 20.33 perches being the whole of the land in Certificate of Title No. 288834 Volume 1591 Folio 74; (e) Subdivision C of Eastern Suburban Allotments 68 and 69 on Plan No. 42868 deposited in the office of the Registrar of Titles, Brisbane, containing 2 acres 2 roods 20.7 perches being the land described in Conveyance numbered 49 Book 78 deposited in the office of the Registrar of Deeds at Brisbane and being part of the land originally granted to William Augustine Duncan.