{"id":"tas:act-1989-047","name":"Anglican Church of Australia (All Saints Church) Act 1989","slug":"anglican-church-of-australia-all-saints-church-act-1989","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"47 of 1989","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106393,"registerId":"tas-act-1989-047-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Anglican Church of Australia (All Saints Church) Act 1989](/view/html/inforce/2026-04-12/act-1989-047) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act shall commence on the day on which it receives the Royal Assent.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***the Corporate Trustee*** means The Trustees of the Diocese of Tasmania;\n> \n> > ***the Indenture*** means the Indenture of Conveyance referred to in [paragraph (a)](#Cp@Hpa@EN) of the Preamble to this Act;\n> \n> > ***the Parish*** means the Parish of All Saints;\n> \n> > ***the plan*** means the plan of survey specified in [Schedule 2](#JS2@EN) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Power to sell land at Macquarie Street, Hobart","content":"### 4 Power to sell land at Macquarie Street, Hobart\n\n> > (1)  Notwithstanding the trusts contained in the Indenture, the Corporate Trustee may, with the consent of the Rector and Churchwardens for the time being of the Parish, sell by private contract the land shown as lot 3 on the plan in exchange for the land shown as lot 2 in the plan.\n> \n> > (2)  For the purposes of [subsection (1)](#GS4@Gs1@EN) , the Corporate Trustee may, in addition to all other powers vested in it by law in that behalf, exercise all the powers conferred on trustees for sale by the [Trustee Act 1898](/view/html/inforce/2026-04-12/act-1898-034) , except the powers conferred by [section 15 of that Act](/view/html/inforce/2026-04-12/act-1898-034#GS15@EN) .","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Application of  Local Government (Building and Miscellaneous Provisions) Act 1993","content":"### 5 Application of  Local Government (Building and Miscellaneous Provisions) Act 1993\n\n> *\\[Section 5 Substituted by No. 30 of 1995, s. 3 and Sched. 1 \\]*\n> \n> > (1)  Notwithstanding [section 4](#GS4@EN) and the trusts contained in the Indenture, the [Local Government (Building and Miscellaneous Provisions) Act 1993](/view/html/inforce/2026-04-12/act-1993-096) applies to all land in the plan.\n> \n> > (2)  For the purposes of giving effect to [section 4](#GS4@EN) , the Corporate Trustee, notwithstanding the trusts contained in the Indenture, may –\n> > \n> > > > (a) grant an easement for drainage to the council of the municipal area of Hobart; and\n> > > \n> > > > (b) comply with any other requirement made by that council as a condition of granting approval of a subdivision under [Part 3 of the](/view/html/inforce/2026-04-12/act-1993-096#HP3@EN) [Local Government (Building and Miscellaneous Provisions) Act 1993](/view/html/inforce/2026-04-12/act-1993-096) .","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Merger of lots 2 and 4 and of lots 1 and 3","content":"### 6 Merger of lots 2 and 4 and of lots 1 and 3\n\n> On an exchange of land as mentioned in [section 4](#GS4@EN) –\n> \n> > > (a) the land shown as lot 2 in the plan shall be adhered to the land shown as lot 4 in that plan and shall become subject to the trusts contained in the Indenture; and\n> > \n> > > (b) the land shown as lot 3 in that plan shall be adhered to the land shown as lot 1 in that plan freed and discharged from those trusts.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Appropriation of proceeds of sale","content":"### 7 Appropriation of proceeds of sale\n\n> The Corporate Trustee shall apply the net proceeds of the sale of land pursuant to this Act for the benefit of the Parish.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Powers in Act in addition to powers vested pursuant to the Indenture","content":"### 8 Powers in Act in addition to powers vested pursuant to the Indenture\n\n> The powers and authorities conferred by this Act on the Corporate Trustee are in addition to the powers vested in it pursuant to the Indenture.","sortOrder":7},{"sectionNumber":"SCHEDULE 1 - Memorial of Inden","sectionType":"part","heading":"SCHEDULE 1 - Memorial of Indenture of Conveyance","content":"# SCHEDULE 1 - Memorial of Inden SCHEDULE 1 - Memorial of Indenture of Conveyance\n\n[Preamble](#Cp@EN) , [paragraphs (a)](#Cp@Hpa@EN) , [(b)](#Cp@Hpb@EN) and [(c)](#Cp@Hpc@EN) and [section 3](#GS3@EN)\n\n|  |\n| MEMORIAL of an Indenture to be registered pursuant to Act of Council in such case made and provided |\n\n|  |  |\n|  |  |\n| Date | The twenty ninth day of November one thousand eight hundred and sixty one. |\n|  |  |\n|  |  |\n| Names and additions of the parties | Thomas Macdowell of Hobart Town in Tasmania Esquire John Forster of Hobart Town aforesaid Esquire and Alfred Garrett of Hobart Town aforesaid Esquire of the one part and The Right Reverend Francis Russell Nixon of New Town in Tasmania Lord Bishop of Tasmania of the other part. |\n|  |  |\n| Name and additions of the Witnesses | W. R. Giblin, Hobart Town is the Witness to the execution by the said Thomas Macdowell John Forster and Alfred Garrett. |\n|  |  |\n| Nature and object | By recitals contained in the now memorialising Indenture it is shown that the Land Church School House and buildings hereinafter described were vested in the said Thomas Macdowell John Forster and Alfred Garrett as Trustees for the purposes therein mentioned That the said Thomas Macdowell John Forster and Alfred Garrett were desirous of being discharged from the said Trusts and that they had requested the said Lord Bishop of Tasmania to accept a Conveyance of the said Land and hereditaments Upon the Trusts thereinafter mentioned And the now memorialising Indenture is a Conveyance of the Land Church School House and Hereditaments hereinafter described by the said Thomas Macdowell John Forster and Alfred Garrett unto and to the use of the said Lord Bishop of Tasmania and his Successors for ever Upon Trust that the said Land and Church should be and continue to be for ever dedicated to the purposes and holden solely for the uses and be appropriated to the Service of the United Church of England and Ireland. |\n|  |  |\n| Description | All That piece or parcel of Land containing by admeasurement Two roods and twenty eight perches or thereabout situate and being in the City of Hobart Town in Tasmania and bounded On the North east by Five chains fourteen links and one half-link north westerly along an allotment granted by the Crown to William Harper commencing at the South angle thereof on Macquarie Street at a point distant four chains sixteen links and one quarter of a link in a south westerly direction from Gore Street and extending to the Hobart Town Rivulet On the north west by one hundred and thirty three links and one half link or thereabout south westerly along that Rivulet Thence on the south west by a line of Twenty eight feet and six inches, by another line of sixty feet, and by another line of Twenty nine feet all extending ina south easterly direction but in different bearings along Land conveyed by James Ludovick Burnett to one William Searle Again on the north west by a south westerly line of four feet also along that Land Again on the south west by a south easterly line of one hundred and seventy two feet and two inches along other Land of the said William Searle (lately belonging to William McRobie) to Macquarie Street aforesaid and Thence on the South east by two chains north easterly along that street to the point of commencement And also All That the said Church And all that the said School House and all other buildings to the said Land belonging. |\n|  |  |\n|  |  |\n| Where situate | In Hobart Town. |\n|  |  |\n|  |  |\n| Consideration | The premises. |\n|  |  |\n|  |  |\n\n| I William Robert Giblin Clerk to Messieurs Allport Roberts and Allport Solicitors Hobart Town make Oath and say that the above written Memorial contains a just and true account of the several particulars therein set forth | (sgd) Alfred Garrett |\n|  |  |\n| Sworn at Hobart Town aforesaid this thirtieth day of Novem (sic) October one thousand eight hundred and sixty one | (sgd) W. R. Giblin |\n|  |  |\n| Before me, |  |  |\n|  |  |\n| (sgd) Wm Giblin |  |\n| Registrar of Deeds |  |","sortOrder":8},{"sectionNumber":"SCHEDULE 2 - Plan of Survey","sectionType":"part","heading":"SCHEDULE 2 - Plan of Survey","content":"# SCHEDULE 2 - Plan of Survey SCHEDULE 2 - Plan of Survey\n\n[Preamble](#Cp@EN) , [paragraphs (c)](#Cp@Hpc@EN) , [(g)](#Cp@Hpg@EN) and [(h)](#Cp@Hph@EN) and [section 3](#GS3@EN)\n\n[![graphic image](/image/SG0187.gif)](/image/SG0187.gif)","sortOrder":9}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose: facilitating a specific land exchange for All Saints Church in Hobart. The 1995 amendment (adding section 5) did not expand scope but merely updated procedural mechanisms to comply with then-current planning law."},"complexity_factors":["Only 4 defined terms in the interpretation section","Single, highly specific purpose (one land swap in Hobart)","Minimal cross-referencing (only to the Trustee Act 1898 and Local Government Act 1993)","Straightforward conditional structure: permission granted → conditions attached → outcome specified","Historical document reproduction in Schedule 1 adds bulk but not legal complexity","No nested exceptions or recursive definitions"],"plain_english_summary":"**What this law does:**\n\nThis Act gives a specific church organisation in Tasmania permission to swap two pieces of land in Hobart, despite restrictions that normally prevent this.\n\n**Who it affects:**\n\n- **The Trustees of the Diocese of Tasmania** (the \"Corporate Trustee\") — the legal body that manages church property\n- **All Saints Parish in Hobart** — the local Anglican church community\n- **Hobart City Council** — which gets certain planning powers over the land\n\n**The problem this solves:**\n\nBack in 1861, land was given to the Anglican Church on strict conditions (set out in an old legal document called an \"Indenture\"). These conditions said the land must always be used for church purposes and couldn't be sold. This Act creates a one-off exception to allow:\n\n1. **A land swap**: The church can sell \"lot 3\" and receive \"lot 2\" in exchange (with approval from the local rector and churchwardens)\n2. **Merging land**: After the swap, the new land (lot 2) gets attached to existing church land (lot 4) and stays under church control; the old land (lot 3) gets attached to neighbouring land (lot 1) and is freed from church restrictions\n3. **Planning compliance**: The church can meet modern council planning requirements (like drainage easements) that the 1861 rules didn't anticipate\n\n**Why it matters:**\n\nWithout this Act, the church couldn't modernise its property holdings because of a 128-year-old legal restriction. The Act carefully balances flexibility (allowing the swap) with protection (ensuring proceeds still benefit the parish, and the replacement land stays under church trusts)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available text, there is no indication the Act's scope changed from its original intent. It appears to remain a narrow, purpose-specific piece of legislation addressing a single church property or administrative matter, unchanged since at least 1 February 1997."},"complexity_factors":["Very narrow and specific subject matter — relates to a single named church","Likely a short, single-purpose Act with few operative provisions","Limited text was provided, preventing full analysis of any nuanced provisions","Church property trust law can add minor complexity for non-specialists unfamiliar with ecclesiastical (church) property rules","No evidence of broad regulatory framework or multiple interacting provisions"],"plain_english_summary":"This narrow Tasmanian Act gives the Anglican Church of Australia (All Saints) a specific, one‑off legal authorization to deal with the All Saints Church property in ways its ordinary trust or church rules might not permit. \n\nIt primarily affects the Tasmanian diocesan church, the congregation and any beneficiaries or parties with an interest in that property, by enabling a transaction or administrative step that otherwise would have been legally blocked."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. The Act changes the scope of the original 1861 Indenture by permitting the Corporate Trustee to exchange/sell specified lots notwithstanding the Indenture (s4), by reallocating trust status between lots on merger (s6), and by applying the Local Government (Building and Miscellaneous Provisions) Act 1993 to the plan (s5). Decision authority rests with the Corporate Trustee with consent of the Rector and Churchwardens (s3, s4); proceeds are required to be applied for the Parish’s benefit (s7)."},"complexity_factors":["Modifies historical trust arrangements created by a 1861 indenture (Schedules; s3)","Authorises a trustee-led private sale/exchange contrary to those trusts (s4)","Confers additional trustee powers but excludes section 15 of the Trustee Act 1898—creating a tailored power set (s4(2))","Applies a separate Local Government Act to the plan and requires compliance with council subdivision conditions, adding administrative interactions (s5)","Power to grant easements and merge lots changes title and trust status on transfer (s5(2), s6)","Dedicated appropriation of net proceeds to the Parish imposes a specified use of funds (s7)","Schedules reproduce the original conveyance and a plan of survey, requiring attention to historical title and cadastral detail (Schedules 1–2)"],"plain_english_summary":"This Act allows The Trustees of the Diocese of Tasmania (the Corporate Trustee) to exchange specified land in Hobart despite the trusts in an 1861 indenture, subject to the Rector and Churchwardens' consent (s3, s4). It applies the Local Government (Building and Miscellaneous Provisions) Act 1993 to the plan and permits easements and other council subdivision conditions (s5).\n\nAfter an exchange, particular lots are merged so some land becomes subject to, and some freed from, the original trusts; net sale proceeds must be applied for the benefit of the Parish (s6–s7)."}},"importantCases":[],"_links":{"self":"/api/acts/anglican-church-of-australia-all-saints-church-act-1989","history":"/api/acts/anglican-church-of-australia-all-saints-church-act-1989/history","analysis":"/api/acts/anglican-church-of-australia-all-saints-church-act-1989/analysis","conflicts":"/api/acts/anglican-church-of-australia-all-saints-church-act-1989/conflicts","importantCases":"/api/acts/anglican-church-of-australia-all-saints-church-act-1989/important-cases","documents":"/api/acts/anglican-church-of-australia-all-saints-church-act-1989/documents"}}