{"id":"church-england-land-enabling-act-1890","name":"Church of England Land Enabling Act 1890","slug":"church-of-england-land-enabling-act-1890","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176285,"registerId":"vic-church-england-land-enabling-act-1890-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Church of England Land Enabling Act 1890","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nChurch of England Land Enabling Act 1890\nAct No. 1172/1890\nVersion as at 8 October 1999\nTABLE OF PROVISIONS\nSection Page\n1. Corporation to have power to sell or lease as it may think fit 4\n2. Proceeds of sale or lease to be applied in erection of school-house\netc. 5\n3. Effect of receipts of corporation 5\n4. Corporation may recover rents etc. 6\n__________________\nSCHEDULE 7\n═══════════════\nENDNOTES 8\n1. General Information 8\n2. Table of Amendments 9\n3. Explanatory Details 10\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nChurch of England Land Enabling Act 1890\nAct No. 1172/1890\nVersion as at 8 October 1999\nAn Act to enable the Church of England Trusts Corporation for\nthe Diocese of Melbourne, with the consent of the Bishop in\nCouncil, to lease or sell certain settled land at Kew, in the parish\nof Boroondara, in the colony of Victoria.\nPreamble\nWHEREAS by an indenture dated the twenty-ninth\nday of January One thousand eight hundred and\nsixty-one, and made between Nicholas Alexander\nFenwick therein described of the one part, and Sir\nWilliam Foster Stawell, John Halfey, and Charles\nFerdinand Bradly therein described of the other\npart, the said Nicholas Alexander Fenwick\npurporting to be seized in fee of the land described\nin the Schedule to this Act granted the same unto\nand to the use of the said Sir William Foster\nStawell, John Halfey, and Charles Ferdinand\nBradly and their heirs and assigns upon trust\nnevertheless for the use and benefit of the United\nChurch of England and Ireland in the diocese of\nMelbourne, and it was thereby declared and agreed\nthat the said land should be used as a site for a\nchurch or place of worship dwelling-house or other\nbuildings and erections to be built in connexion\nwith such church as aforesaid as might from time\nto time be determined on by the trustee or trustees\nfor the time being of the said indenture, and further\nupon trust that the said trustee or trustees for the\ntime being should permit and suffer the buildings\nalready erected and built upon the said land to be\nused as a church chapel or place of divine worship\nin connexion with the United Church of England\nand Ireland as aforesaid, with or without a\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1172/1890\nChurch of England Land Enabling Act 1890\n2\ndwelling-house and such other buildings to be\nthereon erected in connexion therewith as\naforesaid, and should from time to time and at all\ntimes thereafter permit and suffer the said church\nor chapel to be used occupied and enjoyed as a\nplace for the public religious worship and service\nof God according to the doctrines and principles of\nthe said United Church of England and Ireland in\nthe diocese of Melbourne:\nAND WHEREAS the said original deed has been\nlost, but was previously registered on the\nnineteenth day of March One thousand eight\nhundred and sixty-one, number three hundred and\nfifty-nine, book one hundred and four, and a\ncompleted fair copy draft has been kept by the\nsolicitors who prepared it:\nAND WHEREAS the said John Halfey died on or\nabout the fourth day of January One thousand eight\nhundred and eighty-nine:\nAND WHEREAS the said Sir William Foster\nStawell died on or about the twelfth day of March\nOne thousand eight hundred and eighty-nine:\nAND WHEREAS by an indenture dated the ninth\nday of May One thousand eight hundred and\neighty-nine and made between the said Charles\nFerdinand Bradly the sole surviving trustee of the\none part and the Church of England Trusts\nCorporation for the diocese of Melbourne\n(hereinafter called the corporation) of the other\npart, and registered on the sixteenth day of May\nOne thousand eight hundred and eighty-nine by\nmemorial number four hundred and sixty-eight,\nbook three hundred and fifty-five, for the\nconsiderations therein mentioned and in exercise of\nthe power conferred on him under the provisions of\nthe Act number seven hundred and ninety-seven he\nthe said Charles Ferdinand Bradly conveyed unto\nthe corporation inter alia the land described in the\nSchedule to this Act subject to the trusts contained\nin the said indenture of the twenty-ninth day of\nJanuary One thousand eight hundred and sixty-one,\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1172/1890\nChurch of England Land Enabling Act 1890\n3\nand the corporation now hold the said land subject\nto the said trusts:\nAND WHEREAS the said land was considered\nunsuitable to be used as a site for a church or place\nof worship on account of its being too small and\nnot sufficiently central:\nAND WHEREAS a larger and more suitable site\nwas subsequently to the said indenture of twenty-\nninth day of January One thousand eight hundred\nand sixty-one, namely on the seventh day of June\nOne thousand eight hundred and sixty-two\nacquired by purchase within three hundred yards of\nthe said land, and a church and parsonage built on\nsuch purchased land as aforesaid, to which church\nthe congregation formerly worshipping in the\nbuilding erected on the said settled land\nhereinbefore referred to immediately removed, and\nsuch church has ever since been and is now used as\na church in connexion with the United Church of\nEngland and Ireland now called the Church of\nEngland by the residents of Kew aforesaid:\nAND WHEREAS the said building erected on the\nsaid settled land thenceforth ceased to be used as a\nchurch or place of worship and has been and still is\nused as a school in connexion with the said church;\nand the remainder of the said settled land has\nalways been and still is unoccupied:\nAND WHEREAS in consequence of the erection\nof the church on the purchased land hereinbefore\nmentioned it has become unnecessary, and would\nnot be advisable to erect a church or chapel on the\nsaid settled land:\nAND WHEREAS there still remains sufficient of\nthe said purchased land adjoining the said church\nto afford a suitable site for a school and a hall or\nother building to be used in connexion therewith:\nAND WHEREAS it would be more convenient to\nhave the church school in closer proximity to the\npresent church:\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1172/1890\nChurch of England Land Enabling Act 1890\n4\nAND WHEREAS there is no way in which the\nsaid land can be advantageously used for the\npurposes of the said trusts:\nAND WHEREAS the corporation is unable to sell\nlease or otherwise dispose of the said settled land\nowing to the trusts contained in the said indenture\nof twenty-ninth day of January One thousand eight\nhundred and sixty-one:\nAND WHEREAS it would be for the advantage of\nthe said church and of the members of the Church\nof England in the parish of Holy Trinity at Kew to\nobtain power to sell or lease the said lands\ndescribed in the said Schedule and to expend the\nproceeds of any such sale or a proportion of the\nrents and profits arising from any such lease in the\nerection of a school and assembly hall to be used in\nconnexion with the said church on the said\npurchased land adjoining the present site of the\nchurch:\nAND WHEREAS the Bishop of the Church of\nEngland in the diocese of Melbourne, with the\nconsent of the council of the said diocese, has\nassented to such sale and the appropriation of the\nproceeds thereof in the manner hereinbefore set\nforth:\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. Corporation to have power to sell or lease as it may\nthink fit\nNotwithstanding the trusts upon which the Church\nof England Trusts Corporation for the diocese of\nMelbourne holds the land described in the\nSchedule to this Act the corporation may sell all\nor any part of the said land by private sale or\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1172/1890\nChurch of England Land Enabling Act 1890\n5\npublic auction in one lot or in lots from time to\ntime and upon such terms and conditions as to title\ncredit for unpaid purchase-money and otherwise\nas it may think fit and buy in any lot or lots or\nrescind or vary any contract for sale without being\nliable for any consequent loss, or the corporation\nmay lease all or any part of the said land for such\nperiod or periods and on such terms as it may\nthink fit.\n2. Proceeds of sale or lease to be applied in erection of\nschool-house etc.\nThe Corporation shall apply the net proceeds of\nsales by this Act authorized or so much of the\nrents and profits arising from leases by this Act\nauthorized as may not be required for the\nmaintenance and support of the church schools\nand school buildings used in connexion with Holy\nTrinity Church, Kew, in and towards the\nfollowing object:\nThe erection of a school-house and assembly\nhall or other building in connexion therewith\nupon any part of the unoccupied portion of\nthe land purchased as aforesaid and upon\nportion of which stands the church known as\nthe Holy Trinity Church, Kew.\n3. Effect of receipts of corporation\nThe receipts of the corporation for any payments\nmade in respect of any sales or leases authorized\nby this Act shall be effectual discharges to the\npurchasers lessees or other persons making the\nsame respectively who shall be in no manner\nconcerned to see to the application thereof.\ns. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1172/1890\nChurch of England Land Enabling Act 1890\n6\n4. Corporation may recover rents etc.\nThe corporation may bring any action or suit for\nthe recovery of the rents of the said lands or any\npart thereof and the buildings thereon or for the\npreservation of such buildings and for the\nrecovery of damages for injuries thereto, and may\nalso repair and improve any of such buildings, and\nout of the said rents defray the expenses of the\nsame, and may at any time accept the surrender of\nany such lease if it think fit.\n__________________\ns. 4\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1172/1890\nChurch of England Land Enabling Act 1890\n7\nSCHEDULE\nAll that piece or parcel of land in the colony of Victoria, situate in the parish\nof Boroondara and county of Bourke, being part of portion number eighty-\nseven of said parish, and comprising lot number one hundred and twenty-six\non the original plan of subdivision of the said portion made by the said\nNicholas Alexander Fenwick, and known as the village of Kew, which piece\nor parcel of land commences on the east side of Walpole-street eighty-three\nlinks wide (reserved out of the said portion) at a point distant twenty chains\nsouth from another point on the northern boundary line of said portion which\nlast-mentioned point is distant ten chains eighty-two and one-half links east\nfrom the north-west corner of said portion and is bounded on the west by\nWalpole-street aforesaid bearing further south one chain on the south by lot\nnumber one hundred and twenty-seven on said plan bearing east four chains\nseventy-seven links, on the east by Little Packington-street, now called Peel-\nstreet, forty-five and a half links wide (reserved out of the said portion)\nbearing north one chain, and on the north by lot number one hundred and\ntwenty-five on said plan bearing west four chains seventy-seven links to the\ncommencing point.\n═══════════════\nSection 1.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1172/1890\nChurch of England Land Enabling Act 1890\n8\nENDNOTES\n1. General Information\nThe Church of England Land Enabling Act 1890 was assented to on\n15 September 1890 and came into operation on 15 September 1890.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1172/1890\nChurch of England Land Enabling Act 1890\n9\n2. Table of Amendments\nThere are no amendments made to the Church of England Land Enabling\nAct 1890 by Acts and subordinate instruments.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1172/1890\nChurch of England Land Enabling Act 1890\n10\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the limited metadata available, there is no evidence of scope change from the original intent. The Act appears to remain in its 'as made' form with no visible amendments altering its original purpose of enabling Church of England land dealings."},"complexity_factors":["Insufficient legislative text provided — only metadata and version history visible, preventing full analysis","Victorian-era (1890) drafting style can use archaic language and legal concepts unfamiliar to modern readers","Intersection of religious institution governance and property law adds some complexity","Trustee and church governance structures of the era involved layered legal arrangements","Despite its age, the Act remains in force, meaning historical context must be understood alongside modern application"],"plain_english_summary":"The Church of England Land Enabling Act 1890 is a Victorian-era law that gives the Church of England (now the Anglican Church) legal authority to manage, transfer, or otherwise deal with its land in Victoria. It affects the Church, trustees and anyone buying or leasing former Anglican property, and matters because the Act remains in force and can still govern historic church land transactions."},"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":"The Act departs from the original 1861 trust purpose (land held as a site for a church/place of worship) by authorising disposal of that settled land and redirecting net sale proceeds or certain lease rents to erect a school-house and assembly hall on adjoining purchased land (see Preamble; s.1 authorising sale/lease; s.2 prescribing application of proceeds). It also limits purchaser liability for seeing to the application of funds (s.3) and empowers the corporation to enforce leases and maintain buildings (s.4)."},"complexity_factors":["Narrow, single-purpose statute with only a few operative clauses (low legislative complexity).","Overrides earlier private trust (original 1861 indenture), so intersects trust law and property-title history.","Discretion granted to the corporation to set sale/lease terms, buy in lots, rescind or vary contracts (broad commercial discretion).","Application of proceeds constrained to particular church-school purposes, creating an earmarking restriction that requires administrative accounting.","Purchaser protection (receipts are effective discharges) reduces post-sale liability and due-diligence complexity for buyers.","Metes-and-bounds Schedule uses historical boundary description (potentially awkward for modern title identification).","Corporation authorised to enforce and repair buildings and recover rents (operational/litigation exposure)."],"plain_english_summary":"Gives the Church of England Trusts Corporation for the Diocese of Melbourne the power to sell or lease a specific parcel of land in Kew and to apply the net proceeds (or rents not needed for school upkeep) to build a school-house and assembly hall on adjoining church-owned land. It shifts decision-making about sale/lease terms and uses of sale income to the corporation, affects local parish stakeholders and potential purchasers/lessees, and removes purchaser liability to see to the application of proceeds."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This legislation has remained exactly as enacted since 1890 with no amendments. Its scope was always limited to enabling the sale/lease of one specific parcel of land in Kew for the specific purpose of funding a school hall. It has not expanded beyond this original narrow purpose."},"complexity_factors":["Extremely short: only 4 operative sections plus a preamble and schedule","No defined terms section — all terms are used in their ordinary meaning or defined inline","Single purpose with no conditional logic or exceptions","No cross-references to other legislation except a passing mention of 'Act number seven hundred and ninety-seven' in the preamble","Straightforward procedural mechanism: grants power to sell/lease, mandates use of proceeds, provides standard protections for purchasers","Preamble is lengthy but purely narrative/historical, not creating legal complexity"],"plain_english_summary":"**What this law does:**\n\nThis is a very specific, one-off law from 1890 that solves a practical problem for a church in Kew, Melbourne. It gives the **Church of England Trusts Corporation** (the legal body that manages church property) special permission to sell or lease a particular block of land that it normally couldn't touch.\n\n**Why the church needed this power:**\n\nBack in 1861, a man named Nicholas Fenwick gave this land to the church on strict conditions — it had to be used for a church building or religious purposes. But by 1890:\n- The original church building on the site had been turned into a school\n- The congregation had moved to a new, bigger church built on different land nearby\n- The old land was too small and poorly located for a church\n- The church wanted to sell the old land and use the money to build a new school hall next to the current church\n\nThe problem? The 1861 gift created a **trust** (a legal arrangement where property must be used for specific purposes). Normally, trustees can't just ignore these conditions and sell the land. They needed an Act of Parliament to override the original restrictions.\n\n**What the law allows:**\n- The church corporation can **sell** the land (by auction or private sale) or **lease** it out\n- The money must go toward building a school and assembly hall on the church's other land in Kew\n- People who buy or lease the land are protected — they don't have to check that the church actually spends the money properly\n- The corporation can take legal action to collect rent or protect the buildings\n\n**Who it affects:**\nPrimarily the Church of England congregation at Holy Trinity Church, Kew, and anyone who might buy or lease the specific parcel of land described in the Schedule (roughly bounded by Walpole Street and Peel Street in Kew).\n\n**Why it matters:**\nThis is an example of **private legislation** — a law passed to solve one specific problem for one specific organization. Before modern planning and property laws, Parliament regularly passed these bespoke acts to untangle outdated trusts or restrictions on land use. Today, such matters are usually handled through general planning schemes or the courts, making this type of single-purpose legislation rare."}},"importantCases":[],"_links":{"self":"/api/acts/church-of-england-land-enabling-act-1890","history":"/api/acts/church-of-england-land-enabling-act-1890/history","analysis":"/api/acts/church-of-england-land-enabling-act-1890/analysis","conflicts":"/api/acts/church-of-england-land-enabling-act-1890/conflicts","importantCases":"/api/acts/church-of-england-land-enabling-act-1890/important-cases","documents":"/api/acts/church-of-england-land-enabling-act-1890/documents"}}