{"id":"church-england-greensborough-land-act-1961","name":"Church of England (Greensborough Land) Act 1961","slug":"church-of-england-greensborough-land-act-1961","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178014,"registerId":"vic-church-england-greensborough-land-act-1961-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Church of England (Greensborough Land) Act 1961","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nChurch of England (Greensborough Land)\nAct 1961\nAct No. 6843/1961\nVersion as at 26 February 2003\nTABLE OF PROVISIONS\nSection Page\n1. Short title 2\n2. Definitions 3\n3. Powers of Trustee 3\n__________________\nSCHEDULE 5\n═══════════════\nENDNOTES 6\n1. General Information 6\n2. Table of Amendments 7\n3. Explanatory Details 8\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nChurch of England (Greensborough Land)\nAct 1961\nAct No. 6843/1961\nVersion as at 26 February 2003\nAn Act to make Provision with respect to Trusts upon which\ncertain Land at Greensborough is held by the Church of England\nTrusts Corporation for the Diocese of Melbourne and with\nrespect to the Sale or other Disposition of such Land and the\nApplication of the Proceeds thereof and for other purposes.\nPreamble\nWHEREAS by an Indenture of Conveyance dated\nthe twenty-second day of May One thousand Eight\nhundred and fifty-five a memorial of which is\nregistered in the Office of the Registrar General\nNo. 901 Book 26 the lands mentioned in the said\nIndenture (being the land at Greensborough\ndescribed in the Schedule to this Act) were\nconveyed to The Right Reverend Charles Lord\nBishop of Melbourne and his successors Upon\nTrust for ever thereafter to hold the same for and to\nbe used as a Site for a School for poor persons of\nand in the Parish of Keelbundora in the County of\nBourke according to the principles of the\nEstablished Church of England and for the\nresidence of the Schoolmaster of such School and\nfor no other use intent or purpose whatsoever such\nSchool to be managed controlled and governed in\nmanner set forth in the said Indenture and subject\nto the Regulations of the Denominational School\nBoard of the Colony of Victoria.\nAND WHEREAS the said lands are now vested in\nThe Church of England Trusts Corporation for the\nDiocese of Melbourne by virtue of an Indenture of\nConveyance dated the twenty-eighth day of July\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6843/1961\nChurch of England (Greensborough Land) Act 1961\n2\nOne thousand Nine hundred and twenty-five a\nmemorial of which is registered in the office of the\nRegistrar General Number 416 Book 515:\nAND WHEREAS the said land was after the\ncreation of the Trusts aforesaid and in accordance\ntherewith used as a site for a school but since the\nestablishment at Greensborough of a State School\nit has been found impracticable and it is now\nimpracticable for the Church of England to use the\nsaid land as a site for a School in accordance with\nthe said Trusts:\nAND WHEREAS for many years the land has\nformed part of the Church of England Parish of All\nSaints Greensborough and the Church of All Saints\nis erected thereon:\nAND WHEREAS it is expedient to declare that the\nsaid lands shall be deemed to be held by the said\nThe Church of England Trusts Corporation for the\nDiocese of Melbourne upon and subject to the\ntrusts hereinafter provided and with the powers of\ndisposition thereof and dealing therewith\nhereinafter provided and to make such provision\nwith respect to the application of the proceeds of\nany sale or other disposition thereof or dealing\ntherewith as is hereinafter provided:\nBE IT THEREFORE ENACTED by the Queen's Most\nExcellent Majesty by and with the advice and consent of the\nLegislative Council and the Legislative Assembly of Victoria\nin this present Parliament assembled and by the authority of\nthe same as follows (that is to say):\n1. Short title\nThis Act may be cited as the Church of England\n(Greensborough Land) Act 1961.\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6843/1961\nChurch of England (Greensborough Land) Act 1961\n3\n2. Definitions\nIn this Act unless inconsistent with the context or\nsubject-matter—\n\"Archbishop of Melbourne\" includes the person\nduly authorized to administer the affairs of\nthe Diocese of Melbourne during any\nvacancy of the See;\n\"Trustee\" means The Church of England Trusts\nCorporation for the Diocese of Melbourne.\n3. Powers of Trustee\n(1) Notwithstanding anything in any Act or enactment\nor in any conveyance assurance or trust\nwhatsoever—\n(a) the trustee shall, subject to the exercise of the\npowers conferred on the trustee by the next\nsucceeding paragraph, be deemed to hold the\nlands described in the Schedule to this Act\nupon trust to permit the whole or any part of\nthe said lands to be used for such purposes of\nthe Church of England or for such use of any\ninstitution conducted or controlled by the\nsaid Church or connected therewith as the\nArchbishop of Melbourne acting under the\nadvice of the Council of the Diocese of\nMelbourne directs; and\n(b) the Trustee with the consent of the\nArchbishop of Melbourne acting under the\nadvice of the Council of the Diocese of\nMelbourne may mortgage sell lease (whether\non building lease or otherwise) or exchange\nthe said lands or any part thereof and may\ncreate easements over or reserve roads on the\nsaid lands or any part thereof.\ns. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6843/1961\nChurch of England (Greensborough Land) Act 1961\n4\n(2) The Trustee shall apply any proceeds arising from\nany mortgage sale lease or other dealing with the\nsaid lands as provided in paragraph (b) of sub-\nsection (1) of this section for such purposes of the\nChurch of England or for such use of any\ninstitution conducted or controlled by the said\nChurch or connected therewith as the Archbishop\nof Melbourne acting under the advice of the\nCouncil of the Diocese of Melbourne directs.\n__________________\ns. 3\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6843/1961\nChurch of England (Greensborough Land) Act 1961\n5\nSCHEDULE\nLand being the land held by The Church of England Trusts Corporation for\nthe Diocese of Melbourne Upon Trust as a site for a School and for the\nresidence of the Schoolmaster with respect to which the trusts are by this\nAct changed, and which may be mortgaged sold leased or exchanged as\nby this Act provided.\nALL that piece or parcel of land containing by admeasurement Two acres\ntwo roods and ten perches or thereabouts be the same more or less in the\nParish of Keelbundora in the County of Bourke in the said Colony of Victoria\nbeing part of Section No. 18 in the said parish and being Lot fifty-six on the\nplan of Subdivision of the said Section commencing at the angle formed by\nthe Intersection of the Eastside of Church-street one chain wide reserved out\nof the said Section with the North side of the Government Road leading from\nMelbourne to the Kangaroo Ground such angle being distant seventy-nine\nchains East from a point (on the Western boundary line of the said Section\nNumber eighteen) fifty links north from the South-Western Corner of the said\nSection and bounded on the South and South-East by the said Government\nRoad being lines bearing East two chains then North forty-two degrees East\nfive hundred and twenty links on the North-East by other part of the said\nSection being a line at right-angles to the last line bearing East forty-five\ndegrees South four chains on the North by other part of the said Section being\na Line at an obtuse angle to the last line running West two hundred and\nseventy links On the West by Church-street being a line at right-angles to the\nlast line bearing South six hundred and fifty links to the commencing point as\nthe same is more particularly shown in the Plan drawn in the margin of these\npresents and is therein coloured pink TOGETHER with all ways rights of\nway easements members and appurtenances to the same piece or parcel of\nLand belonging or appertaining.\n═══════════════\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6843/1961\nChurch of England (Greensborough Land) Act 1961\n6\nENDNOTES\n1. General Information\nThe Church of England (Greensborough Land) Act 1961 was assented to\non 19 December 1961 and came into operation on 19 December 1961.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6843/1961\nChurch of England (Greensborough Land) Act 1961\n7\n2. Table of Amendments\nThere are no amendments made to the Church of England (Greensborough\nLand) Act 1961 by Acts and subordinate instruments.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6843/1961\nChurch of England (Greensborough Land) Act 1961\n8\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"There is no indication the scope changed from its original intent. This appears to be a tightly focused private or local Act designed to authorise a specific church property transaction in Greensborough, and it has likely remained unchanged since it was made in 1961."},"complexity_factors":["Extremely narrow and localised scope — applies to one specific parcel of land","Likely a single-purpose enabling Act with limited operative provisions","Historical church property trust law adds minor background complexity for non-specialists","Full text was not provided, preventing definitive analysis of any technical provisions","No apparent interaction with broader regulatory frameworks"],"plain_english_summary":"This short Victorian Act authorises a specific transaction or administrative arrangement concerning Church of England (Anglican) land in Greensborough — for example, a sale, transfer, lease or change of trust purpose that ordinary church trust law would not otherwise permit.  \n\nIt primarily affects the Anglican Church/property trustees and any parties with interests in that parcel. It mattered to resolve a one‑off trust constraint in the mid‑20th century and is now largely a narrow, mostly obsolete statutory authorisation."},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. The Act changes the land’s trust from being held solely 'as a site for a School and for the residence of the Schoolmaster' to a general trust permitting Church-related uses and authorising mortgage, sale, lease or exchange of the land, with proceeds to be applied as the Archbishop of Melbourne, acting under advice of the Diocesan Council, directs (Preamble; s.3(1)(a),(b); s.3(2))."},"complexity_factors":["Specific, limited geographic scope confined to a single parcel described in the Schedule","Legislative override language: 'Notwithstanding anything in any Act or enactment or in any conveyance assurance or trust whatsoever' (s.3(1))","Broad discretionary authority vested in the Archbishop of Melbourne acting under advice of the Diocesan Council (s.3(1)(a),(b), s.3(2))","Wide property powers granted to the Trustee: mortgage, sale, lease (including building leases), exchange, creation of easements, reservation of roads (s.3(1)(b))","Directional application of proceeds rather than prescriptive purposes — proceeds applied as Archbishop directs (s.3(2))","Limited procedural or safeguard requirements in the text (no express public notice, valuation, or beneficiary-consent procedures)","Interaction potential with existing conveyances and trusts referenced in the preamble, requiring legal reconciliation"],"plain_english_summary":"This Act replaces the original narrow school trust over a specific Greensborough property and instead allows The Church of England Trusts Corporation for the Diocese of Melbourne to permit Church-related uses of the land and to mortgage, sell, lease or exchange it. Proceeds from any dealing must be applied as the Archbishop of Melbourne, acting on the advice of the Diocesan Council, directs.\n\nIt affects the Trusts Corporation, the Archbishop and diocesan governance bodies, and any Church institution that might receive the land or its proceeds, by moving control and financial discretion from the original charitable trust to diocesan direction."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose: releasing specific Greensborough land from an 1855 school trust and enabling its use for general church purposes. No expansion of scope has occurred since 1961."},"complexity_factors":["Only 3 operative sections plus a Schedule","2 defined terms in the interpretation section","Single purpose legislation with no cross-references to other Acts","No conditional logic or nested exceptions—straightforward replacement of trust terms","Historical preamble is lengthy but legally non-operative (background only)","Schedule contains archaic land description using chains, links, and compass bearings typical of 19th century conveyancing"],"plain_english_summary":"This is a short Victorian law from 1961 that solves a very specific problem about a piece of church land in Greensborough, a suburb of Melbourne.\n\n**What was the problem?**\nBack in 1855, land in Greensborough was given to the Church of England on a strict legal condition (a **trust**): it could only be used as a school for poor children and as a home for the schoolteacher. The church couldn't use it for anything else.\n\n**Why did this become a problem?**\n- The church did run a school there for a while\n- Later, the government opened a state school in Greensborough, making the church school unnecessary\n- The land became part of the Parish of All Saints Greensborough, and a church building was put on it\n- But legally, the church was still stuck with the 1855 restriction—it technically couldn't use the land for church purposes or sell it\n\n**What does this Act do?**\nIt updates the rules to match reality:\n- **Changes the trust**: Instead of being locked into use as a school, the land can now be used for general Church of England purposes (church activities, parish use, etc.) as directed by the Archbishop of Melbourne\n- **Allows the church to deal with the land**: The church can now sell, lease, mortgage, or swap the land if needed—but only with approval from the Archbishop acting on diocesan council advice\n- **Protects the money**: If the land is sold or leased, the proceeds must still be used for Church of England purposes\n\n**Who does it affect?**\n- The Church of England Trusts Corporation (the legal owner)\n- The Parish of All Saints Greensborough\n- Anyone dealing with this specific 2-acre parcel of land in Greensborough\n\n**Why does it matter?**\nThis is an example of **cy-près** legislation—when old charitable restrictions become impossible or impractical to follow, Parliament steps in to redirect the purpose while keeping the benefit within the charitable family. Without this law, the church would have been stuck with land it couldn't legally use for its actual needs, or would have needed expensive court proceedings to fix the problem."}},"importantCases":[],"_links":{"self":"/api/acts/church-of-england-greensborough-land-act-1961","history":"/api/acts/church-of-england-greensborough-land-act-1961/history","analysis":"/api/acts/church-of-england-greensborough-land-act-1961/analysis","conflicts":"/api/acts/church-of-england-greensborough-land-act-1961/conflicts","importantCases":"/api/acts/church-of-england-greensborough-land-act-1961/important-cases","documents":"/api/acts/church-of-england-greensborough-land-act-1961/documents"}}