{"id":"church-england-ballarat-east-land-act-1941","name":"Church of England (Ballarat East) Land Act 1941","slug":"church-of-england-ballarat-east-land-act-1941","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178005,"registerId":"vic-church-england-ballarat-east-land-act-1941-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Church of England (Ballarat East) Land Act 1941","content":"Version No. 002\n\n**Church of England (Ballarat East) Land Act 1941**\n\n**No. 4864 of 1941**\n\nVersion as at  \n1 June 2019\n\n**table of provisions**\n\n*Section Page*\n\n1 Short title 2\n\n2 Definitions 2\n\n3 Alteration of trusts upon which land in the Schedule is held and of powers of disposition etc. thereof 2\n\nSchedule 4\n\nEndnotes 5\n\n1 General information 5\n\n2 Table of Amendments 7\n\n3 Amendments Not in Operation 8\n\n4 Explanatory details 9\n\n**Version No.** **002**\n\n**Church of England (Ballarat East) Land Act 1941**\n\n**No. 4864 of 1941**\n\nVersion as at  \n1 June 2019\n\nAn Act to make Provision with respect to Trusts upon which certain Land at Ballarat East is held by The Ballarat Diocesan Trustees and with respect to the Sale or other Disposition of such Land and the Application of the Proceeds thereof, and for other purposes.\n\nWHEREAS by two several indentures of conveyance dated the second day of November One thousand eight hundred and fifty-eight and the eighth day of November One thousand eight hundred and fifty-eight respectively (memorials of which are registered in the office of the Registrar-General Number 270 Book 71 and Number 271 Book 71) the lands mentioned in the said indentures (being the lands at Ballarat East described in the Schedule to this Act) were conveyed unto certain persons named in the said indentures their heirs and assigns for ever upon trust for the erection thereon of a dwelling for the use of a minister of the United Church of England and Ireland:\n\nAND WHEREAS the said Trusts are now vested in The Ballarat Diocesan Trustees by virtue of an indenture of conveyance dated the eleventh day of May One thousand nine hundred and thirty-nine a memorial of which is registered in the office of the Registrar-General Number 769 Book 562:\n\nAND WHEREAS the minister's dwelling erected on the said lands has become unsuited to the needs of the parish of St. Paul's Ballarat East:\n\nAND WHEREAS it is expedient to declare that the said lands shall be deemed to be held by the said The Ballarat Diocesan Trustees upon and subject to the trusts hereinafter provided and with the powers of disposition thereof and dealing therewith hereinafter provided and to make such provision with respect to the application of the proceeds of any sale or other disposition thereof or dealing therewith as is hereinafter provided:\n\n**BE IT THEREFORE ENACTED by the King'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):**\n\n1 Short title\n\nThis Act may be cited as the **Church of England (Ballarat East) Land Act 1941**.\n\n\t2 Definitions\n\nIn this Act unless inconsistent with the context or subject-matter—\n\n***Bishop of Ballarat*** includes the person duly authorized to administer the affairs of the diocese of Ballarat during any vacancy of the See;\n\n***Trustees***  means The Ballarat Diocesan Trustees.\n\n\t3 Alteration of trusts upon which land in the Schedule is held and of powers of disposition etc. thereof\n\n(1) Notwithstanding anything in any Act or enactment or in any conveyance assurance or trust whatsoever—\n\n(a) from and after the commencement of this Act the trustees shall, subject to the exercise of the powers conferred on the trustees by the next succeeding paragraph, be deemed to hold the lands described in the Schedule to this Act upon trust to permit the whole or any part of the said lands to be used for such purposes of the Church of England or for such use of any minister or officer thereof or of any institution conducted or controlled by the said church or connected therewith as the Bishop of Ballarat acting under the advice of the council of the diocese of Ballarat directs; and\n\n(b) the trustees with the consent of the Bishop of Ballarat acting under the advice of the council of the diocese of Ballarat may mortgage sell lease (whether on building lease or otherwise) or exchange the said lands or any part thereof and may create easements over or reserve roads on the said lands or any part thereof.\n\n(2) The trustees shall apply any proceeds arising from any mortgage sale lease or other dealing with the said lands as provided in paragraph (b) of subsection (1) of this section towards the cost of erecting a minister's dwelling on other land in the parish of St. Paul's Ballarat East and towards such other purposes in connexion therewith as the Bishop of Ballarat acting under the advice of the council of the diocese of Ballarat from time to time directs.\n\nSchedule\n\nPreamble, section 3\n\n*Land being the land held by The Ballarat Diocesan Trustees in trust as a site for a minister's dwelling at Ballarat East, with respect to which the trusts are by this Act changed, and which may be mortgaged sold leased or exchanged as by this Act provided.*\n\nFifteen perches and six-tenths of a perch more or less situated in the County of Grant Parish of Ballaarat Allotment Three of Section C \"Ballaarat\" bounded on the North by a line bearing N. 70° 26´ E. thirty-nine links on the East by Allotment 3A bearing S. 19° 34´ E. two chains fifty links on the South by a road three chains wide bearing S. 70° 26´ W. thirty-nine links and on the West by Allotment 2 bearing N. 19° 34´ W. two chains fifty links being the land sold at Ballarat as Lot Number 5 in pursuance of the Proclamation of the Thirtieth day of October One thousand eight hundred and fifty-seven And also  eighteen perches and four-tenths of a perch more or less situated in the County of Grant Parish of Ballaarat Allotment 3A of Section C \"Ballaarat\" bounded on the North by a line bearing N. 70° 26´ E: forty-six links on the East by Allotment 4 bearing S. 19° 34´ E: two chains fifty links on the South by a road three chains wide bearing N. 70° 26´ W. forty-six links and on the West by Allotment 3 bearing N. 19° 34´ W. two chains fifty links being the land sold at Ballaarat as Lot Number 6 in pursuance of the Proclamation of the Thirtieth day of October One thousand eight hundred and fifty-seven.\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe **Church of England (Ballarat East) Land Act 1941** was assented to on 11 December 1941 and came into operation on 11 December 1941.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the **Church of England (Ballarat East) Land Act 1941** by Acts and subordinate instruments.\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This legislation remains tightly scoped to its original purpose. It was enacted specifically to alter the trusts affecting two identified land parcels in Ballarat East to allow disposal and replacement of an unsuitable minister's dwelling. The Act has not expanded beyond this narrow, property-specific remit. No amendments have been made since 1941, and the machinery provisions (sections 1-3 and Schedule) directly implement the stated purpose in the preamble without scope creep."},"complexity_factors":["Only 3 operative sections (Short title, Definitions, and the main alteration provision)","2 defined terms only ('Bishop of Ballarat' and 'Trustees')","Single purpose legislation with no cross-references to other Acts (except the standard Interpretation of Legislation Act notes in the endnotes)","No subordinate legislation or regulations referenced","No conditional logic beyond the standard 'unless inconsistent with context' in the definitions section","Straightforward trust modification with clear purpose: broaden land use powers while ring-fencing proceeds for specific replacement purpose"],"plain_english_summary":"This is a short Victorian law from 1941 that changes the rules about a specific piece of church land in Ballarat East.\n\n**What it does:**\n- **The problem:** In 1858, two small parcels of land (about 34 perches total, or roughly 860 square metres) were given to the Church of England on strict condition they be used only for a minister's house (parsonage). By 1941, the old house was no longer suitable for the parish's needs.\n- **The solution:** This Act loosens those old restrictions. Instead of being locked into using the land only for a minister's dwelling, the Ballarat Diocesan Trustees can now:\n  - Use the land for any Church of England purpose, or for any minister, church officer, or church institution—as directed by the Bishop of Ballarat (with advice from the diocesan council)\n  - Sell, lease, mortgage, or swap the land (with the Bishop's approval)\n- **The catch:** If they do sell or lease the land, the money must go toward building a new minister's house on different land in the same parish (St Paul's Ballarat East), plus any related costs.\n\n**Who it affects:**\n- The Ballarat Diocesan Trustees (who hold the legal title)\n- The Bishop of Ballarat and the diocesan council (who make decisions about the land)\n- The parish of St Paul's Ballarat East (which gets flexibility to modernise its assets)\n\n**Why it matters:**\nWithout this Act, the church would be stuck with outdated 1858 restrictions—unable to sell or repurpose land that had become unsuitable. This is a classic example of \"private legislation\" (a law affecting specific people or property rather than the general public), allowing a religious body to adapt historic trust arrangements to modern needs while ensuring the original charitable purpose (housing a minister) is preserved through the proceeds."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. The Act converts land held solely as a site for a minister's dwelling into land held for broader Church of England uses and for use by ministers or church institutions, and it authorises disposition (mortgage, sale, lease, exchange) of the land with proceeds earmarked for a new minister's dwelling in St. Paul's Ballarat East (s3(1)–(2); Schedule)."},"complexity_factors":["Narrow, asset-specific scope — only two parcels described in the Schedule, reducing systemic complexity (Schedule).","Statutory alteration of historic trusts and conveyances — changes original trust purpose to broader church uses (s3(1)(a)).","Delegated discretion concentrated in church officers — Bishop of Ballarat acting under diocesan council advice controls uses and must consent to disposals (s3(1)(a)–(b)).","Expanded property powers for trustees — express authority to mortgage, sell, lease, exchange, create easements or reserve roads (s3(1)(b)).","Earmarking of financial proceeds — proceeds must fund a minister's dwelling in the named parish and related purposes, constraining alternative uses (s3(2)).","Minimal regulatory or administrative compliance detailed — Act grants powers but does not add procedural conditions or external oversight, which simplifies implementation but concentrates discretion (s3)."],"plain_english_summary":"This Act redefines the trust over two specific Ballarat East parcels held by The Ballarat Diocesan Trustees so the Bishop of Ballarat, acting with the diocesan council's advice, may direct their use for church purposes or for ministers or church institutions (s3(1)(a)). It also permits the trustees, with the Bishop's consent, to mortgage, sell, lease, exchange or create easements/roads over the land and requires any proceeds to be applied toward erecting a minister's dwelling in St. Paul's Ballarat East and related works (s3(1)(b)–(2))."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, there is no indication the scope changed from its original intent. The Act appears to have been created for a single, specific purpose relating to a defined parcel of land, and the consolidated version suggests it remains in its original form without significant amendment."},"complexity_factors":["Extremely narrow and localised subject matter — affects only one specific parcel of land in one suburb","Historical legislation from 1941 with limited available text, making full analysis difficult","Likely involves trust law concepts (rules governing how property held for religious purposes can be managed), which adds a layer of legal background knowledge required","Low complexity overall due to single-purpose, highly specific nature typical of this class of legislation"],"plain_english_summary":"This short, local Victorian Act authorises the Anglican Church in Ballarat East to deal with a particular parcel of church land—overcoming old trust or usage restrictions so the property can be sold, transferred, leased or otherwise managed. \n\nIt primarily affects the Ballarat East parish/diocese and any parties with an interest in that land. Practically, it’s a narrow, historical fix of limited contemporary relevance."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/church-of-england-ballarat-east-land-act-1941","history":"/api/acts/church-of-england-ballarat-east-land-act-1941/history","analysis":"/api/acts/church-of-england-ballarat-east-land-act-1941/analysis","conflicts":"/api/acts/church-of-england-ballarat-east-land-act-1941/conflicts","importantCases":"/api/acts/church-of-england-ballarat-east-land-act-1941/important-cases","documents":"/api/acts/church-of-england-ballarat-east-land-act-1941/documents"}}