Scots' Church Properties (Amendment) Act 2003 (Vic)

Scots' Church Properties (Amendment) Act 2003

ts	Act No. 87/2003
n
e
m	TABLE OF PROVISIONS

u Section Page

c	1.	Purpose	2
o	2.	Commencement	2
D	3.	Principal Act	3
ry	4.	New section 4A inserted	3

4A. Variations to the Scots' Church trust deed 3

ta	5.	Fees for inspection and copies of Trust Deed	4
6.	New sections 8 and 9 inserted	5
n	8.	Right of carriageway extinguished	5
e	9.	Duties of Registrar	6

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ia

rl	ENDNOTES	7
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c
o	Victoria
D
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n	No. 87 of 2003
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ia	Scots' Church Properties (Amendment)
rl	†
a	Act 2003
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[Assented to 11 November 2003]

d
n

a	Preamble
n
o	Under the Scots' Church Properties Act 1891
ti	certain lands are expressed to be held by Trustees
la	for the congregation of the Presbyterian Church of
Victoria known as "The Scots' Church" Melbourne
is	upon the trusts and subject to the restrictions
g	contained in provisions of The Scots' Church Trust
e	Deed.
L
Particular restrictions in the Trust Deed apply to
n	the lands described as the "church site" and the
a
ri	"manse site".
to	The lands described in the Trust Deed as the
"manse site" were transferred to the Presbyterian
ic	Church of Victoria Trusts Corporation on
V	17 December 1913.
Scots' Church Properties (Amendment) Act 2003

s. 1

Act No. 87/2003

Parts of the lands described in the Trust Deed as the "church site" are no longer required to be included in the church site.

ts	An additional area of land described in the Trust
n	Deed is required to be included in the church site.
e
m	It is expedient to vary the operation of the Trust
u	Deed to provide for a new description of the
c	church site excluding the lands that are no longer
o	required to be included in that site and including the additional area required to be included in that
D	site.
ry	The Trust Deed created a right of carriageway over
ta	certain land that is no longer required.
n	It is expedient to vary the Trust Deed to extinguish
e	that right of carriageway.
m	The Trust Deed restricts the power of the Trustees
ia	to lease or renew a lease of certain lands to a
rl	period of 50 years.
a	It is expedient to remove the restriction in the Trust
P	Deed to allow the Trustees to lease land for more
d	than 50 years.
n
a
n	The Parliament of Victoria therefore enacts as follows:
o
ti
la	1. Purpose
is	The main purpose of this Act is to amend the
g	Scots' Church Properties Act 1891 to alter the
e	operation of the Scots' Church trust deed in
L	relation to certain lands.
n	2. Commencement
a
ri	(1) This Act (except section 4) comes into operation
to	on the day on which it receives the Royal Assent.
ic	(2) Section 4 comes into operation on the day after
V	the day on which this Act receives the Royal Assent.

Scots' Church Properties (Amendment) Act 2003

s. 3

Act No. 87/2003

3. Principal Act

In this Act the Scots' Church Properties Act See:
Act No.

ts	1891 is called the Principal Act.	1214/1891 and
n	amending
e	Act No.
18/1989.
m	LawToday:
u	dpc.vic.
c	gov.au
o

D	4. New section 4A inserted
ry	After section 4 of the Principal Act insert—
ta	'4A. Variations to the Scots' Church trust deed
n
e	(1) On and from the commencement of section 4

of the Scots' Church Properties

m

ia	(Amendment) Act 2003 the Scots' Church
rl	variations—
trust deed has effect subject to the following
a
P	(a) any reference in the trust deed to the
d	lands and hereditaments described in
n	the Schedule to the trust deed is
a	deemed to be a reference to the lands
n	described in the following folios of the
o
ti
Register—

(i) Volume 3166 folio 093;

la

is	(ii) Volume 3166 folio 094;
g	(iii) Volume 5294 folio 656;
e	(iv) Volume 5294 folio 657; and
L
n	(b) any reference in the trust deed to the
a	church site or to any land described as
ri	the church site is deemed to be a
to	reference to—
ic
V

Scots' Church Properties (Amendment) Act 2003

s. 5

Act No. 87/2003

(i)  the land described in folio of the Register Volume 5294 folio 656 (excluding the lands coloured blue

ts	on the new plan); and
n
e	(ii) the land coloured red on the new
m	plan; and
u	(c) the powers conferred on the trustees or
c	trustee to demise lands and to grant
o	renewals of leases of lands apply as if
D	the words "not exceeding fifty years"
ry	and "not exceeding the period
ta	aforesaid" were omitted.
n	(2) On and from the commencement of section 4
e	of the Scots' Church Properties
m	(Amendment) Act 2003 any reference in
ia	section 4 of this Act to the Scots' Church
rl	trust deed is to be construed as a reference to
a	that deed as varied by this section.
P	(3) In this section "new plan" means the plan
d	numbered LEGL 03./107 and lodged in the
n	Central Plan Office maintained under the
a	Survey Co-ordination Act 1958.'.
n	5. Fees for inspection and copies of Trust Deed
o
ti	(1) In section 5 of the Principal Act for "sum of one
la	shilling" substitute "relevant fees".
is	(2) At the end of section 5 of the Principal Act
g	insert—
e
L	"(2) In this section "relevant fees" means the
n	fees for the time being payable under
a	section 16 of the Property Law Act 1958
ri	for inspecting deeds deposited under
to	section 15 of that Act and making copies of
ic	them.".
V

Scots' Church Properties (Amendment) Act 2003

s. 6

Act No. 87/2003

6. New sections 8 and 9 inserted

After section 7 of the Principal Act insert—

ts	'8. Right of carriageway extinguished
n
e	(1) On and from the commencement of section 6

of the Scots' Church Properties

m

u	(Amendment) Act 2003 the Scots' Church
c	trust deed has effect as if any reference to a
o	right of carriage way over the roads coloured
D	brown on the plan in the trust deed were
ry	omitted.
ta	(2) On and from the commencement of section 6

of the Scots' Church Properties

n	(Amendment) Act 2003 any reference in
e	section 4 of this Act to the Scots' Church
m	trust deed is to be construed as a reference to
ia
rl	that deed as varied by this section.
a	(3) On the commencement of section 6 of the
P	Scots' Church Properties (Amendment) Act 2003—
d
n	(a) the rights of carriageway over the roads
a	coloured brown on the plan in the trust
n	deed and over the roads on the lands
o	coloured brown and coloured red on the
ti	new plan are extinguished; and
la	(b) those roads cease to be roads; and
is	(c) all rights, easements and privileges
g
e	existing or claimed in the roads either
L	in the public or by any body or person
n	as incident to any express or implied
a	grant, or past dedication or supposed
ri	dedication or by user or operation of
to	law or otherwise, cease.
ic
V

Scots' Church Properties (Amendment) Act 2003

s. 6

Act No. 87/2003

(4) In this section "new plan" means the plan numbered LEGL 03./107 and lodged in the Central Plan Office maintained under the

ts	Survey Co-ordination Act 1958.
n
e	9. Duties of Registrar
m	The Registrar of Titles, on production of the
u	relevant certificates of title, must make any
c	recordings in the Register that are necessary
o	to give effect to section 8.'.
D

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Scots' Church Properties (Amendment) Act 2003

Endnotes

Act No. 87/2003

ENDNOTES

ts †

Minister's second reading speech—

n	Legislative Assembly: 18 September 2003
e
Legislative Council: 28 October 2003
m
u	The long title for the Bill for this Act was "to amend the Scots' Church
c	Properties Act 1891 to alter the operation of The Scots' Church Trust
o	Deed in relation to certain lands and for other purposes."
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