{"id":"church-england-australia-mount-shadwell-land-act-1969","name":"Church of England in Australia (Mount Shadwell Land) Act 1969","slug":"church-of-england-in-australia-mount-shadwell-land-act-1969","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173375,"registerId":"vic-church-england-australia-mount-shadwell-land-act-1969-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Church of England in Australia (Mount Shadwell Land) Act 1969","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nChurch of England in Australia (Mount\nShadwell Land) Act 1969\nAct No. 7855/1969\nVersion as at 8 October 1999\nTABLE OF PROVISIONS\nSection Page\n1. Short title 2\n2. Definitions 2\n3. Provision relating to trusts 2\n__________________\nSCHEDULE 4\n═══════════════\nENDNOTES 5\n1. General Information 5\n2. Table of Amendments 6\n3. Explanatory Details 7\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nChurch of England in Australia (Mount\nShadwell Land) Act 1969\nAct No. 7855/1969\nVersion as at 8 October 1999\nAn Act to make Provision with respect to Trusts upon which\ncertain Land at Mount Shadwell in the Parish of Mortlake is\nheld by The Ballarat Diocesan Trustees and with respect to the\nSale or other Disposition of such Land and the Application of\nthe Proceeds thereof, and for other purposes.\nPreamble\nWHEREAS by virtue of an Indenture of\nConveyance dated the 18th day of September,\n1915 a memorial of which is registered in the\nOffice of the Registrar General No. 287 Book 474\ncertain land at Mount Shadwell described in the\nSchedule to this Act is vested in The Ballarat\nDiocesan Trustees upon trust at all times to permit\nthe said land and any parsonage house erected\nthereon to be used by the Minister or Ministers of\nthe United Church of England and Ireland having\nfor the time being the spiritual charge of the Parish\nof Mortlake at Mount Shadwell as and for a\nparsonage house and glebe for such Minister or\nMinisters and for no other purpose whatsoever:\nAND WHEREAS the United Church of England\nand Ireland is now described as the Church of\nEngland in Australia:\nAND WHEREAS it has been found that the said\nland is not suitable for use as a parsonage house or\nglebe because of its nature extent and situation:\nAND WHEREAS it is expedient to declare that the\nsaid land shall be deemed to be held by the said\nThe Ballarat Diocesan Trustees upon and subject\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7855/1969\nChurch of England in Australia (Mount Shadwell Land) Act\n1969\n2\nto the trusts hereinafter provided and with the\npowers of disposition 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\nin Australia (Mount Shadwell Land) Act 1969.\n2. Definitions\nIn this Act unless inconsistent with the context or\nsubject-matter—\n\"Bishop of Ballarat\" includes the person duly\nauthorized to administer the affairs of the\nDiocese of Ballarat during any vacancy of\nthe See;\n\"trustee\" means The Ballarat Diocesan Trustees.\n3. Provision relating to trusts\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\nparagraph (b) be deemed to hold the lands\ndescribed in the Schedule upon trust to\npermit the whole or any part of the said lands\nto be used for such purposes of the Church of\nEngland in Australia or for such use of any\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7855/1969\nChurch of England in Australia (Mount Shadwell Land) Act\n1969\n3\ninstitution conducted or controlled by the\nsaid Church or connected therewith or for\nsuch use of any Minister of the said Church\nas the Bishop of Ballarat acting under the\nadvice of the Council of the Diocese of\nBallarat directs; and\n(b) the trustee with the consent of the Bishop of\nBallarat acting under the advice of the\nCouncil of the Diocese of Ballarat may\nmortgage sell lease (whether on building\nlease or otherwise) or exchange the said\nlands or any part thereof and may create\neasements over or reserve roads on the said\nlands or any part thereof.\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) for such purposes of the Church of\nEngland in Australia or for such use of any\ninstitution conducted or controlled by the said\nChurch or connected therewith or for such use of\nany Minister of the said Church as the Bishop of\nBallarat acting under the advice of the Council of\nthe Diocese of Ballarat directs.\n__________________\ns. 3\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7855/1969\nChurch of England in Australia (Mount Shadwell Land) Act\n1969\n4\nSCHEDULE\nLand being the land held by The Ballarat Diocesan Trustees for the Diocese\nof Ballarat upon trust as a site for a Parsonage House and Glebe for the\nMinister or Ministers of the Church of England in Australia at Mount\nShadwell with respect to which the trusts are by this Act changed and\nwhich may be mortgaged sold leased or exchanged as by this Act\nprovided.\nALL THAT piece or parcel of land situate in the County of Hampden Parish\nof Mortlake at Mount Shadwell being part of Portion Eight of Section Six\nand containing Twenty acres or thereabout commencing at the South-East\nangle of the said Portion bounded on the South by the Township Reserve\nbearing West Ten chains on the West by Portion Seven of the said Parish\nbearing North Twenty chains on the North by other part of the said Portion\nEight bearing East Ten chains at right angles to the said Western boundary\nand on the East by Portion Nine bearing South Twenty chains to the\ncommencing point.\n═══════════════\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7855/1969\nChurch of England in Australia (Mount Shadwell Land) Act\n1969\n5\nENDNOTES\n1. General Information\nThe Church of England in Australia (Mount Shadwell Land) Act 1969\nwas assented to on 21 October 1969 and came into operation on 21 October\n1969.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7855/1969\nChurch of England in Australia (Mount Shadwell Land) Act\n1969\n6\n2. Table of Amendments\nThere are no amendments made to the Church of England in Australia\n(Mount Shadwell Land) Act 1969 by Acts and subordinate instruments.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7855/1969\nChurch of England in Australia (Mount Shadwell Land) Act\n1969\n7\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: releasing a specific parcel of church land from restrictive 1915 trust terms. There is no evidence of scope creep; the Act has never been amended and continues to address only the Mount Shadwell land matter as originally contemplated."},"complexity_factors":["Very short statute (only 3 operative sections plus a Schedule)","Only 2 defined terms in the interpretation section ('Bishop of Ballarat' and 'trustee')","Simple, single-purpose legislative scheme with no cross-references to other Acts","No conditional logic or nested exceptions - the operative provision (section 3) is straightforward","No amendments since enactment (clean legislative history)","Narrow, specific application to one discrete parcel of land (20 acres at Mount Shadwell)"],"plain_english_summary":"This is a short Victorian law from 1969 that changes the rules about a specific piece of church land.\n\n**What it does:**\n- **The problem:** Since 1915, a 20-acre block of land at Mount Shadwell (near Mortlake, Victoria) was legally held in trust for the Anglican Church (then called the United Church of England and Ireland). The original trust required the land to be used only as a parsonage house (a home for the local priest) and glebe (church farmland). By 1969, the church realised this land wasn't suitable for that purpose due to its size, location, and nature.\n- **The solution:** This Act removes the old restrictions and gives the church more flexibility. Instead of being stuck with land they can't use as originally intended, the Ballarat Diocesan Trustees (the legal body holding the land) can now:\n  - Use the land for any church purpose, or for institutions connected to the church, or for the benefit of church ministers\n  - Sell, lease, mortgage, or exchange the land if needed\n  - Use any money from such sales or leases for other church purposes as directed by the Bishop of Ballarat\n\n**Who it affects:**\n- The Anglican Church in Australia (specifically the Diocese of Ballarat)\n- The Ballarat Diocesan Trustees (the legal trustees of the land)\n- The Bishop of Ballarat and the Diocesan Council (who make decisions about the land)\n\n**Why it matters:**\nThis is a practical \"housekeeping\" law that prevents church assets from being trapped in outdated legal arrangements. Without this change, the church would be legally barred from selling or repurposing land that was unsuitable for its original intended use. It ensures church property can be used effectively for modern needs rather than being locked into a 1915 agreement that no longer made sense."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, this Act appears to have remained true to its original and highly specific purpose: resolving a legal issue relating to the Church of England's ability to deal with the Mount Shadwell land. There is no indication that its scope broadened or narrowed from its original intent."},"complexity_factors":["Very narrow and specific subject matter — limited to a single parcel of land","Historical legislation from 1969 with minimal subsequent amendment history visible","Requires background knowledge of church trust law to fully understand why the Act was necessary","Limited text available in the extract, making full analysis difficult — but the subject matter itself is straightforward"],"plain_english_summary":"The Act authorises the Church of England in Australia (now the Anglican Church) to deal with, sell or otherwise manage a specific parcel of land at Mount Shadwell in Victoria, overriding ordinary trust or governance limits that might otherwise prevent such action.  \n\nIt affects the Church, its diocese and anyone with an interest in the Mount Shadwell property, and matters because it gives a one‑off legal permission to alter the land’s use or ownership."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act changes the original 1915 trust that restricted the land to use as a parsonage house and glebe by allowing broader Church purposes and enabling disposal and other dealings (pre-amble; s.3). The change is limited in scope to the specifically described Mount Shadwell parcel (Schedule) and directs that any proceeds be applied as the Bishop of Ballarat, with Diocesan Council advice, directs (s.3(2))."},"complexity_factors":["Narrow, localised subject-matter limited to a single parcel identified in the Schedule (Schedule).","Statutory override of an earlier conveyance/trust to change permitted uses (pre-amble; s.3(1)).","Wide property-dealing powers granted to the trustee: mortgage, sell, lease, exchange, create easements or reserve roads (s.3(1)(b)).","Centralised discretionary direction by the Bishop of Ballarat, acting under advice of the Diocesan Council, over both use and application of proceeds (s.3(1)(a),(b); s.3(2)).","Express 'notwithstanding' clause potentially displacing contrary provisions in other Acts or instruments (s.3(1)).","Low procedural detail on safeguards, approvals or reporting — leaves practical implementation to trustee and diocesan processes (s.3)."],"plain_english_summary":"This Act redefines the trust over a specific parcel at Mount Shadwell so The Ballarat Diocesan Trustees can use the land for a wider range of Church of England in Australia purposes or dispose of it (mortgage, sell, lease, exchange, create easements/roads) with the Bishop of Ballarat’s consent (s.3(1)).\n\nProceeds from any dealing must be applied to Church uses or to ministers as the Bishop, acting under the advice of the Diocesan Council, directs (s.3(2)). The Schedule identifies the land affected."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/church-of-england-in-australia-mount-shadwell-land-act-1969","history":"/api/acts/church-of-england-in-australia-mount-shadwell-land-act-1969/history","analysis":"/api/acts/church-of-england-in-australia-mount-shadwell-land-act-1969/analysis","conflicts":"/api/acts/church-of-england-in-australia-mount-shadwell-land-act-1969/conflicts","importantCases":"/api/acts/church-of-england-in-australia-mount-shadwell-land-act-1969/important-cases","documents":"/api/acts/church-of-england-in-australia-mount-shadwell-land-act-1969/documents"}}