{"id":"anglican-church-of-australia-lands-vesting-act-1892","name":"Anglican Church of Australia Lands Vesting Act 1892","slug":"anglican-church-of-australia-lands-vesting-act-1892","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30003,"registerId":"wa-anglican-church-of-australia-lands-vesting-act-1892-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Anglican Church of Australia Lands Vesting Act 1892","content":"![Crest]()Western Australia\n\nAnglican Church of Australia Lands Vesting Act 1892\n\n- **Reprinted under the *Reprints Act 1984* as**\n- **at 8 May 2015**\n\n\nWestern Australia\n\nAnglican Church of Australia Lands Vesting Act 1892\n\nContents\n\n1. Lands vested in Trustees 2\n\n2. Trustees may sell lands 2\n\n3. Application of proceeds of sale 3\n\n4. Short title 3\n\nNotes\n\nCompilation table 4\n\n  \n\n- Crest **Reprinted under the *Reprints Act 1984* as**\n- **at 8 May 2015**\n\n\nWestern Australia\n\nAnglican Church of Australia Lands Vesting Act 1892\n\nAn Act to vest in “The Perth Diocesan Trustees” 2 Perth Building Lots Nos. 1 and 2, Section E, and to empower the said Trustees to sell the said lands, and for other purposes.\n\n[Long title amended: No. 34 of 1918 s. 11.]\n\nPreamble 3\n\nWhereas by a certain Indenture of Conveyance, bearing date 10 May 1872 and made between Joseph Hardey of Perth in the Colony of Western Australia Gentleman and George Johnson of Guildford in the said Colony Gentleman of the first part, John Crane of Perth aforesaid Yeoman of the second part, and the Right Reverend Matthew Blagden Hale Doctor of Divinity Lord Bishop of Perth aforesaid of the third part, All those several pieces or parcels of land hereditaments and premises marked and known in the maps and books of the Survey Office as “Building Lot No. 1 Section E” and “Building Lot No. 2 Section E” with the appurtenances thereto respectively were granted unto and to the use of the said Lord Bishop of Perth and his successors Bishops of Perth for ever free from encumbrances to the end nevertheless that the said parcels of land hereditaments and premises might be used for the purposes of an Orphanage for male and female children and called “The Perth Protestant Orphanage” and subject to such Rules and Regulations as might from time to time be in force with reference to the said Orphanage and for no other use intent or purpose whatsoever; And whereas by virtue of the Acts of the Legislative Council of this Colony 38 Victoria No. 18 (now repealed) and 52 Victoria No. 2 4 all lands or other property vested at the time of the passing of the first mentioned Act in the said Right Reverend Matthew Blagden Hale as Trustee for the Church of England in Western Australia are now vested in the Diocesan Trustees of the Church of England in Western Australia 5; And whereas it is desirable that the said lands hereinbefore particularly mentioned should also be vested in the said Diocesan Trustees upon and subject to the same trusts and uses as the said Matthew Blagden Hale held the said lands but subject also to the provisions of this Act; And whereas the Committee of Management of the said Orphanage are desirous of selling the said lands and of employing the proceeds of such sale in the purchase of other lands more suitable for the purposes of the said Orphanage and in the erection of new buildings thereon:\n\nBe it therefor enacted: —\n\n##### 1. Lands vested in Trustees\n\nSubject to the provisions of this Act the said Perth Building Lot No. 1 Section E and Perth Building Lot No. 2 Section E together with all buildings thereon and all rights easements and appurtenances thereto belonging are hereby vested in The Perth Diocesan Trustees 2 for an estate in fee simple upon and subject to the trusts and uses declared by the hereinbefore recited Indenture of 10 May 1872.\n\n##### 2. Trustees may sell lands\n\nIt shall be lawful for the said Diocesan Trustees at any time hereafter to sell the said lands and premises hereby vested in them or any part or parts thereof and to assure the same to a purchaser freed and absolutely discharged from the trusts and uses declared by the said recited Indenture and no purchaser shall be concerned to see to the application of his purchase money.\n\n##### 3. Application of proceeds of sale\n\nThe proceeds of sale of the said lands shall be applied by the said Trustees after payment of all expenses of and incidental to any sale in the purchase of other lands in fee simple in the local government district of Perth or elsewhere in Western Australia and so far as such moneys may extend in the erection of buildings and other improvements upon such last mentioned lands and all lands so purchased by the said Trustees as last aforesaid shall be held by them upon and subject to the trusts and uses declared by the said Indenture of 10 May 1872.\n\n[Section 3 amended: No. 14 of 1996 s. 4.]\n\n##### 4. Short title\n\nThis Act may be cited as the *Anglican Church of Australia Lands Vesting Act 1892* 1.\n\n[Section 4 inserted: No. 81 of 1966 s. 2; amended: No. 121 of 1976 s. 7.]\n\nNotes\n\n1 This reprint is a compilation as at 8 May 2015 of the *Anglican Church of Australia Lands Vesting Act 1892* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| Untitled 6 | 1893 (56 Vict. Prvt. Act | 13 Jan 1893 | 13 Jan 1893 |\n| *Statute Law Revision (Short Titles) Act 1966* s. 2 | 81 of 1966 | 12 Dec 1966 | 12 Dec 1966 |\n| *Anglican Church of Australia Act 1976* s. 7 | 121 of 1976 | 1 Dec 1976 | 24 Aug 1981 (see s. 2(2) and *Gazette* 30 Jan 1981 p. 441) |\n| *Local Government (Consequential Amendments) Act 1996* s. 4 | 14 of 1996 | 28 Jun 1996 | 1 Jul 1996 (see s. 2) |\n| **Reprint of the *Anglican Church of Australia Lands Vesting Act 1892* as at 3 May 2002**   (includes amendments listed above) | | | |\n| **Reprint 2: The *Anglican Church of Australia Lands Vesting Act 1892* as at 8 May 2015** (includes amendments listed above) | | | |\n\n\n2 Formerly referred to “The Diocesan Trustees of the Church of England in Western Australia” the name of which was changed to “The Perth Diocesan Trustees” by the *Church of England Diocesan Trustees and Land Act 1918* s. 11 (now known as the *Anglican Church of Australia Diocesan Trustees and Land Act 1918*). The reference was changed under the *Reprints Act 1984* s. 7(3)(h).\n\n3 Under the *Anglican Church of Australia Act 1976* s. 7, a reference in a law of the State to “Church of England” or “Church of England in Western Australia” is to be construed as a reference to the “Anglican Church of Australia”, and that construction shall, unless the context otherwise requires, be and be deemed to be a direct amendment to that law. The reference in this provision has not been changed due to the context.  \n\n4 Act 52 Vict. No. 2 (1888) is now known as the *Anglican Church of Australia (Diocesan Trustees) Act 1888*.\n\n5 The name of this body was changed to “The Perth Diocesan Trustees” by the *Church of England Diocesan Trustees and Land Act 1918* s. 11 (see also note 2). This reference to the former name has not been changed due to the context.\n\n6 Now known as the *Anglican Church of Australia Lands Vesting Act 1892.* The short title *Church of England Lands Vesting Act 1892* was  inserted by the *Statute Law Revision (Short Titles) Act 1966* s. 2 and subsequently changed by the *Anglican Church of Australia Act 1976* s. 7 (see note under s. 4).\n","sortOrder":0}],"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation has remained tightly focused on its original purpose since 1892. The only changes have been updating organizational names (Church of England → Anglican Church of Australia, Diocesan Trustees → Perth Diocesan Trustees) and modernizing geographic references (changing 'City of Perth' to 'local government district of Perth' in 1996). The core mechanism — vesting specific land in Trustees, permitting sale, and directing reinvestment in orphanage purposes — has not expanded or shifted in scope."},"complexity_factors":["Only 4 operative sections (1-4), with the substantive provisions in sections 1-3","Single purpose legislation dealing with two specifically identified parcels of land","Minimal defined terms — only one body corporate identified (The Perth Diocesan Trustees)","No cross-references to other Acts in the operative provisions (only historical references in preamble)","Simple conditional logic: sale permitted → proceeds applied to new land → new land subject to original trusts","Extensive preamble provides historical context but does not create legal complexity","Amendments are minor (name changes and geographic reference updates only)"],"plain_english_summary":"This is a short Western Australian law from 1892 that deals with two specific pieces of land in Perth originally intended for an orphanage.\n\n**What it does:**\n- **Transfers ownership** of two building lots in Perth (Building Lots 1 and 2, Section E) from the Anglican Bishop of Perth to a body called \"The Perth Diocesan Trustees\" (the legal managers of Anglican Church property in Perth).\n- **Allows the Trustees to sell the land** — originally the land could only be used for an orphanage, but this Act lets the Trustees sell it free from that restriction.\n- **Directs how the money is used** — any sale proceeds must be used to buy other land (in Perth or elsewhere in WA) and build new orphanage facilities on it. The new land must still be used for the orphanage purpose.\n\n**Who it affects:**\n- The Anglican Church of Australia (Perth Diocese)\n- The Perth Diocesan Trustees (who manage the land)\n- Historically, the Perth Protestant Orphanage (the original beneficiary)\n\n**Why it matters:**\nThis is a classic example of 19th century \"private legislation\" — a law passed to solve a specific problem for a specific organization. The orphanage needed to move locations, but the original 1872 deed restricted the land to orphanage use only. Rather than being stuck with land they couldn't sell, the Church got this Act passed to unlock the value of the property while ensuring the money was still used for the orphanage's benefit. It shows how Parliament would intervene to help religious and charitable organizations deal with outdated property restrictions."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess scope changes — the full text of the legislation was not available for review. No determination can be made about whether the Act's application broadened or narrowed over time."},"complexity_factors":["Insufficient legislative text was returned to perform a meaningful analysis — only a 404-style error page was retrieved","Historical colonial-era legislation of this type is typically narrow and technical in scope, dealing with specific property transfers rather than broad policy","The Act's title suggests a single-purpose vesting instrument, which are generally short and straightforward"],"plain_english_summary":"This 1892 Western Australian Act appears to have vested land in or within the Anglican Church of Australia, reflecting colonial-era legal transfers as the Church reorganised its property ownership. It primarily affects Anglican institutions and anyone researching historical land titles or property records in Western Australia."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Amendments recorded in the notes and compilation table adjusted formal references, the short title and some drafting (see notes and \"Section 3 amended: No. 14 of 1996 s. 4\"), but they did not alter the Act’s core operation: vest the two lots in the Diocesan/Perth Diocesan Trustees, permit sale, and require reinvestment of proceeds for the orphanage's land and buildings (Preamble; s.1–3)."},"complexity_factors":["Narrow, specific subject matter (two identified building lots) which reduces substantive complexity (Preamble; s.1).","Operation depends on an historical trust instrument (Indenture of 10 May 1872); applying that indenture can require interpreting older trust terms (Preamble; s.1).","Trustees have discretionary power to sell and to apply proceeds to replacement land and improvements, creating operational decisions for trustees (s.2; s.3).","Purchaser protection (no need to inquire into application of purchase money) simplifies transactions but shifts enforcement burdens to beneficiaries/trustees (s.2).","Statutory amendments and renaming over time (short title and trustee name changed; s.3 amendment in 1996) increase research effort to track authoritative text and construction (Notes; compilation table)."],"plain_english_summary":"Sets legal ownership of two Perth building lots in the Perth Diocesan Trustees and lets those trustees sell the land (s.1–2). Sale proceeds must be used to buy replacement land and build improvements for the Perth Protestant Orphanage’s purposes (s.3). The law protects purchasers from enquiries about trust application (s.2). It affects the trustees, the orphanage's managers, potential buyers, and anyone enforcing the 1872 trust."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/anglican-church-of-australia-lands-vesting-act-1892","history":"/api/acts/anglican-church-of-australia-lands-vesting-act-1892/history","analysis":"/api/acts/anglican-church-of-australia-lands-vesting-act-1892/analysis","conflicts":"/api/acts/anglican-church-of-australia-lands-vesting-act-1892/conflicts","importantCases":"/api/acts/anglican-church-of-australia-lands-vesting-act-1892/important-cases","documents":"/api/acts/anglican-church-of-australia-lands-vesting-act-1892/documents"}}