{"id":"lands-charitable-trusts-act-1951","name":"Lands (Charitable Trusts) Act 1951","slug":"lands-charitable-trusts-act-1951","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173295,"registerId":"vic-lands-charitable-trusts-act-1951-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Lands (Charitable Trusts) Act 1951","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nLands (Charitable Trusts) Act 1951\nAct No. 5613/1951\nVersion as at 7 August 2000\nTABLE OF PROVISIONS\nSection Page\n1. Short title 1\n2. Power of trustees of land to lease the land in certain cases 1\n3. Power of trustees of land where trusts have failed to convey to\ntrustees 2\n4. Statement of terms of proposed consent to be laid before\nParliament 3\n5. Saving of other rights of trustees 3\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\nLands (Charitable Trusts) Act 1951\nAct No. 5613/1951\nVersion as at 7 August 2000\nAn Act relating to certain Lands held on Trust for Charitable\nPurposes.\nPreamble\nWHEREAS the lands referred to in the Schedule to\nthis Act are respectively held by trustees on trust\nfor certain charitable purposes:\nAND WHEREAS it is expedient to make further\nprovision as hereinafter provided in relation to\nsuch lands and the trusts on which they are held:\nBE IT THEREFORE ENACTED by the King'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 Lands (Charitable\nTrusts) Act 1951.\n2. Power of trustees of land to lease the land in certain\ncases\n(1) Unless expressly prohibited by the trust\ninstrument, the trustees of any land referred to in\nthe Schedule to this Act may, with the consent in\nwriting of the Attorney-General and subject to this\nAct, from time to time lease such land or any\nportion thereof for a term of not more than ninety-\nnine years to any municipality or to the Returned\n\nVictorian Legislation and Parliamentary DocumentsAct No. 5613/1951\nLands (Charitable Trusts) Act 1951\n2\nSailors' Soldiers' and Airmen's Imperial League of\nAustralia or any branch or sub-branch thereof or\nto any body approved for the purpose by the\nAttorney-General.\n(2) The Attorney-General shall not so consent to any\nsuch lease unless he is satisfied that there will be\nsatisfactory facilities available for the continued\nuse of the land for the charitable purposes for\nwhich it is used.\n(3) Every such lease—\n(a) shall contain such provisions—\n(i) requiring the lessee to effect\nimprovements on the land; and\n(ii) to ensure the continued use of the land\nfor the charitable purposes for which it\nis used—\nas the Attorney-General in the circumstances\nof the case considers expedient;\n(b) may provide that the rent shall be such rent\n(whether the full economic rent or a nominal\nrent or otherwise) as with the approval of the\nAttorney-General is specified in the lease;\nand\n(c) shall contain such other provisions as the\nAttorney-General in the circumstances of the\ncase considers expedient.\n3. Power of trustees of land where trusts have failed to\nconvey to trustees\n(1) Unless expressly prohibited by the trust\ninstrument, the trustees of any land referred to in\nthe Schedule to this Act may, with the consent in\nwriting of the Attorney-General and subject to this\nAct, transfer or convey such land to the trustees of\nany patriotic fund within the meaning of the\ns. 3\n\nVictorian Legislation and Parliamentary DocumentsAct No. 5613/1951\nLands (Charitable Trusts) Act 1951\n3\nPatriotic Funds Act 1939 to be held for the\npurposes of such fund or to any municipality.\n(2) The Attorney-General shall not so consent to any\nsuch transfer or conveyance unless he is satisfied\nthat the charitable trusts on which the land is held\nhave failed and cannot reasonably be\nimplemented.\n(3) Every such transfer or conveyance shall be\nmade—\n(a) subject to such conditions and trusts as the\nAttorney-General in the circumstances of the\ncase considers expedient; and\n(b) for such consideration (if any) as the\nAttorney-General approves.\n(4) On the execution of any such transfer or\nconveyance in accordance with this section the\ntrusts on which the land was held before such\ntransfer or conveyance shall cease and determine.\n4. Statement of terms of proposed consent to be laid\nbefore Parliament\nThe Attorney-General shall, before consenting\nunder this Act to any lease or transfer, cause to be\nlaid on the table of both Houses of Parliament a\nstatement of the proposed terms of such consent\nand of the facts of the case, and shall not give his\nconsent until such statement has so lain on the\ntable of both Houses for at least twenty-eight\ndays.\n5. Saving of other rights of trustees\nThe provisions of this Act shall be read and\nconstrued as in aid of and not in derogation from\nany other powers of trustees existing apart from\nthis Act.\n__________________\ns. 4\n\nVictorian Legislation and Parliamentary DocumentsAct No. 5613/1951\nLands (Charitable Trusts) Act 1951\n4\nSCHEDULE\n1. The land held for and in conjunction with the building known as the\nCorryong Athenaeum Hall in the shire of Upper Murray.\n2. The land held for and in conjunction with the building known as the\nHampton Memorial Hall in the city of Sandringham.\n3. The land held for and in conjunction with the building known as the\nBalwyn Athenaeum Hall in the city of Camberwell.\n4. The land held for and in conjunction with the building known as the Lake\nBoga Mechanics Institute in the shire of Swan Hill.\n5. The land held for and in conjunction with the building known as the\nSeaford Hall in the shire of Frankston and Hastings.\n═══════════════\nPreamble,\nsections 2, 3.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 5613/1951\nLands (Charitable Trusts) Act 1951\n5\nENDNOTES\n1. General Information\nThe Lands (Charitable Trusts) Act 1951 was assented to on 18 December\n1951 and came into operation on 18 December 1951.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 5613/1951\nLands (Charitable Trusts) Act 1951\n6\n2. Table of Amendments\nThere are no amendments made to the Lands (Charitable Trusts) Act 1951\nby Acts and subordinate instruments.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 5613/1951\nLands (Charitable Trusts) Act 1951\n7\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act has not grown beyond its original purpose. The endnotes record no amendments since assent in 1951 and the Schedule still lists the same five properties. The text continues to perform its narrow, original function: provide trustees of the listed charitable lands with the statutory option to grant long leases or to transfer to specified bodies with Attorney‑General consent and Parliamentary notice (see preamble, sections 2–4, Schedule)."},"complexity_factors":["Very short Act (5 sections + Schedule) limited to five named properties","No formal defined terms/interpretation section","Key conditionality rests on Attorney‑General's subjective satisfaction (s.2(2), s.3(2))","Broad, open‑ended powers to impose terms and conditions (s.2(3), s.3(3))","Parliamentary disclosure delay requirement (s.4) introduces temporal condition","Cross‑reference to Patriotic Funds Act 1939 for the meaning of 'patriotic fund' (s.3(1))","Single saving provision clarifying it supplements existing trustee powers (s.5)"],"plain_english_summary":"**What this law does (mechanical effect)\n\n- Gives the trustees of five specifically listed community halls and institute lands (see the Schedule) two additional powers, but only if the written trust instrument itself does not forbid them:\n  - to lease the land or part of it for up to 99 years to a municipality, the Returned Sailors', Soldiers' and Airmen's Imperial League of Australia (or a branch), or any other body the Attorney‑General approves (section 2); and\n  - to transfer (convey) the land to the trustees of a patriotic fund (as defined in the Patriotic Funds Act 1939) or to a municipality (section 3).\n\n- Both powers require the Attorney‑General's written consent and are subject to conditions in the Act. The Attorney‑General must be satisfied both that leasing will preserve satisfactory facilities for the charitable use (s.2(2)) and that a trust has truly failed before permitting a transfer (s.3(2)).\n\n- The Attorney‑General may impose terms in leases or transfers intended to secure continued charitable use, require improvements, set the rent (including nominal rent) with approval, and add any other conditions considered expedient (s.2(3), s.3(3)). A transfer under s.3 terminates the original charitable trusts on completion (s.3(4)).\n\n- Before giving consent, the Attorney‑General must place a statement of the proposed consent terms and the facts of the case on the table of both Houses of Parliament and wait at least 28 days (s.4).\n\n- The Act is expressly stated to supplement, not replace, any other existing powers of trustees (s.5).\n\nWhich lands and who is affected\n\n- The Act applies only to the parcels of land listed in the Schedule (five community buildings/halls in Corryong, Hampton, Balwyn, Lake Boga and Seaford) and to the trustees who hold those lands on charitable trusts.\n\nWho decides, who pays, and what behaviour changes\n\n- Who decides: the Attorney‑General has the gatekeeping role — consent, approval of rent, and conditions rest with that office (s.2, s.3, s.4).\n- Who pays: any rent or consideration is set or approved by the Attorney‑General; the lessee or transferee would be the party paying rent or consideration under the lease/transfer (s.2(3)(b), s.3(3)(b)).\n- Behavioural change: trustees who previously lacked explicit power (or were uncertain) may now enter long leases or convey the land (terminating the old trust) when the Attorney‑General agrees; lessees/transferees gain long‑term control or ownership subject to imposed conditions.\n\nStated purpose and how it maps to effects\n\n- The Act's preamble says the listed lands are held for charitable purposes and that it is \"expedient\" to make further provision for them. The mechanics above implement that aim by creating a route for trustees to secure long‑term arrangements (leases or transfers) intended to preserve charitable use or to re‑vest property in bodies better able to administer it (sections 2–3).\n\nTrade‑offs, costs, incentives and practical risks (what to watch for)\n\n- Concentrated scope: only five named properties are affected (Schedule). This focuses both benefits (to those communities) and any costs or risks on a small group.\n\n- Administrative discretion and delay: the Attorney‑General has broad, largely unstructured discretion to consent and to set terms (s.2(3), s.3(3)). The parliamentary notice requirement (s.4) creates a minimum 28‑day delay before consent can be given. These features concentrate decision power in a single official and introduce a predictable processing time.\n\n- Flexibility over economic terms: the Act expressly allows rents to be nominal or full economic rent, but the amount requires Attorney‑General approval (s.2(3)(b)). That gives scope for subsidised arrangements but places the choice with the executive.\n\n- Effect on future ownership and market options: a conveyance under s.3 ends the existing charitable trust on transfer (s.3(4)). A long lease (up to 99 years) can substantially limit future trustees' or beneficiaries' choices and may affect market value or future redevelopment options.\n\n- Uncertainty about \"failure\" of trusts: the Act allows transfer only where the Attorney‑General is satisfied that charitable trusts have failed and cannot reasonably be implemented (s.3(2)); that is a fact‑sensitive and potentially contestable threshold.\n\n- Low compliance burden for trustees in form, but substantive requirements: trustees need the Attorney‑General's written consent and must accept any imposed conditions; they must also arrange for the parliamentary statement prior to consent (s.4).\n\n- Potential for selective approvals: because approval is by the Attorney‑General and the class of eligible transferees/lessees includes bodies \"approved for the purpose by the Attorney‑General\", approvals could in practice be selective. The statute creates the mechanism but does not specify objective criteria for approval (s.2(1), s.3(1)).\n\nKey sections to consult for a specific case\n\n- Leasing powers and conditions: section 2 (esp. ss.2(1), 2(2), 2(3)).\n- Transfer/conveyance powers and effects: section 3 (esp. ss.3(1)–3(4)).\n- Parliamentary notice requirement: section 4.\n- Non‑derogation (savings) of other trustee powers: section 5.\n- Exact properties concerned: the Schedule.\n\nBottom line\n\n- This short Act creates a narrowly targeted statutory route (limited to five named properties) allowing trustees to secure long leases or to transfer land to certain public or patriotic bodies, subject to the Attorney‑General's consent, Parliamentary notice and any conditions the Attorney‑General requires. The law centralises decision authority in the Attorney‑General, permits flexible economic terms, and can terminate existing trusts on transfer, creating significant effects for the specific trusts named in the Schedule (see sections 2–4, Schedule)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose. It was enacted to address specific difficulties with five named charitable trusts, and the Schedule still lists exactly those five properties. There is no evidence of scope creep—the Act has not been amended to add additional lands or broaden the categories of trustees covered."},"complexity_factors":["Only 5 operative sections plus a short Schedule","No defined terms section—relies on ordinary meanings","Minimal cross-referencing (only one reference to the Patriotic Funds Act 1939)","Simple conditional structure: 'unless expressly prohibited' triggers the power, subject to Attorney-General consent","Straightforward procedural requirement (28-day parliamentary laying)","No nested exceptions or complex deeming provisions","Extremely narrow scope—applies only to 5 named properties"],"plain_english_summary":"This Victorian law from 1951 deals with five specific parcels of land that were donated to local communities for charitable purposes—things like public halls and mechanics institutes. Normally, trustees (the people legally holding the land) can't just lease or sell trust property without following strict rules. This Act gives those trustees special powers they wouldn't otherwise have:\n\n**What it allows:**\n- **Leasing:** Trustees can lease the land for up to 99 years to local councils, the RSL (Returned Servicemen's League), or other approved groups—but only if the Attorney-General agrees and ensures the land will still be used for its original charitable purpose.\n- **Transferring:** If the original charitable purpose has completely failed (for example, if a hall is no longer viable), trustees can transfer the land to a patriotic fund or local council, again with Attorney-General approval.\n\n**Key safeguards:**\n- The Attorney-General must be satisfied the charitable use continues (for leases) or that the trust has genuinely failed (for transfers).\n- Before any deal is approved, details must be tabled in Parliament and sit there for 28 days—so there's public scrutiny.\n- Any lease must include conditions protecting the charitable purpose.\n\n**Why it matters:**\nThis is a practical fix for a specific problem. In the early 20th century, communities donated land for public halls and institutes. By the 1950s, some of these trusts were struggling—buildings were aging, communities were changing. Rather than letting the land sit idle or forcing trustees to break the law to repurpose it, this Act created a legal pathway to keep the land serving the community, with government oversight to prevent abuse.\n\nThe law only applies to five specific properties listed in the Schedule (including halls in Corryong, Hampton, Balwyn, Lake Boga, and Seaford)."},"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"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Insufficient text was provided to make a definitive assessment of whether the scope changed from the original intent. The Act appears to have been consolidated (updated) but remains in force in its original general subject matter — the management of land held under charitable trusts in Victoria."},"complexity_factors":["Involves trust law concepts (charitable trusts) which require some legal background to fully understand","Intersects with both property law and equity law (the branch of law governing trusts)","Historical legislation from 1951 may use archaic legal language and reference outdated legal frameworks","Limited text was provided, making it difficult to assess the full complexity of the provisions","Charitable trust arrangements can involve complex stakeholder relationships between trustees, beneficiaries, and government","May interact with other Victorian legislation such as the Charities Act and property legislation"],"plain_english_summary":"The Lands (Charitable Trusts) Act 1951 gives a legal framework for managing, dealing with or altering land dedicated to charitable purposes in Victoria. It affects trustees, charities and community groups holding land under trust, and government bodies overseeing those holdings. The Act matters because it provides a lawful route to update, transfer or otherwise deal with charitable land when original trust terms are outdated, preventing trustees from being legally immobilised."}},"importantCases":[],"_links":{"self":"/api/acts/lands-charitable-trusts-act-1951","history":"/api/acts/lands-charitable-trusts-act-1951/history","analysis":"/api/acts/lands-charitable-trusts-act-1951/analysis","conflicts":"/api/acts/lands-charitable-trusts-act-1951/conflicts","importantCases":"/api/acts/lands-charitable-trusts-act-1951/important-cases","documents":"/api/acts/lands-charitable-trusts-act-1951/documents"}}