{"id":"reserve-port-denison-suburban-lots-6-and-6a-act-1980","name":"Reserve (Port Denison Suburban Lots 6 and 6A) Act 1980","slug":"reserve-port-denison-suburban-lots-6-and-6a-act-1980","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106530,"registerId":"wa-reserve-port-denison-suburban-lots-6-and-6a-act-1980-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Reserve (Port Denison Suburban Lots 6 and 6A) Act 1980","content":"![Crest]()Western Australia\n\nReserve (Port Denison Suburban Lots 6 and 6a) Act 1980\n\nWestern Australia\n\nReserve (Port Denison Suburban Lots 6 and 6a) Act 1980\n\nContents\n\n1. Short title 3\n\n2. Reserve No. 269 cancelled 3\n\n3. Land revested in Her Majesty 3\n\n4. Saving 4\n\nNotes\n\nCompilation table 5\n\n  \n\nWestern Australia\n\nReserve (Port Denison Suburban Lots 6 and 6a) Act 1980\n\nAn Act to cancel Reserve No 269 and to revest Port Denison Suburban Lot 6a and the unresumed portion of Port Denison Suburban Lot 6 in Her Majesty as of her former estate and to remove the said lands from the operation of the *Transfer of Land Act 1893* to enable a Crown Grant of the said lands to be made to the West Australian Temperance Alliance Incorporated in trust for a site for a temperance institution and for incidental purposes.\n\nWHEREAS:\n\n(a) by notice in the *Government Gazette* published on 28 August 1877, certain land then known as Denison Suburban Lot 6a, containing 4 047 square metres, was set apart as Reserve No. 269 for the purpose of “Good Templar Lodge”;\n\n(b) by virtue of a grant made on 31 March 1880 under the provisions of the Land Regulations of 22 May 1873 and 17 April 1874, the said land was given and granted to Samuel Fortescue Moore, Merchant and Henry Fletcher Waldeck, Farmer both of Dongara, in trust for the Society or Order called Good Templars at Dongara for the purpose of promoting the objects of such Society in the cause of temperance only;\n\n(c) by virtue of a grant made on 3 November 1880 under the provisions of the aforesaid Land Regulations, certain land then known as Denison Suburban Lot 6, containing 6 651.9 square metres and adjoining the said Denison Suburban Lot 6a, was given and granted to the aforesaid Samuel Fortescue Moore and Henry Fletcher Waldeck in consideration of the sum of two pounds, thirteen shillings and threepence sterling, and although no trust was disclosed on the said grant, the Register of the Department of Lands and Surveys 2 records the land as having been granted to “S. F. Moore and H. F. Waldeck Trustees Good Templars”;\n\n(d) on 25 August 1880 the said Denison Suburban Lot 6a was registered under the provisions of the *Transfer of Land Act 1874* in the names of the said Samuel Fortescue Moore and Henry Fletcher Waldeck as Trustees for the Society of Good Templars at Dongara and is now the whole of the land comprised in Certificate of Title Volume VII Folio 96, which said land was on 31 August 1973 re‑designated as Port Denison Suburban Lot 6a;\n\n(e) on 18 August 1881 the said Denison Suburban Lot 6 was registered under the provisions of the *Transfer of Land Act 1874* in the names of the said Samuel Fortescue Moore and Henry Fletcher Waldeck and is now the whole of the land comprised in Certificate of Title Volume VIII Folio 84, which said land was on 31 August 1973 re‑designated as Port Denison Suburban Lot 6 and portion of which said land, amounting to 994 square metres, was on 15 September 1972 resumed pursuant to the provisions of the *Public Works Act 1902*;\n\n(f) the said Henry Fletcher Waldeck died on 17 June 1883 and the said Samuel Fortescue Moore died on 9 May 1921, since when no other trustees have been appointed in their stead and no other proprietor of the aforesaid lands has been registered by way of transmission or otherwise;\n\n(g) the Society or Order called Good Templars at Dongara was never incorporated, no records or minutes of its meetings can be found, the duplicates of the aforesaid Certificates of Title have been lost without trace and no direct link can be established between the said defunct Society or Order and any other institution formed for the purpose of promoting the cause of temperance;\n\n(h) the cause of temperance in Western Australia is now conducted by the West Australian Temperance Alliance Incorporated, an association incorporated under the *Associations Incorporation Act 1895* on 19 October 1904 as the City Band of Hope & Temperance League, which name was changed on 26 November 1906 to the West Australian Alliance Incorporated and again on 13 February 1953 to its present name; and\n\n(i) the Western Australian Temperance Alliance Incorporated desires and it is deemed proper and fitting in the circumstances, that Reserve No. 269 be cancelled and that Port Denison Suburban Lot 6a and the unresumed portion of Port Denison Suburban Lot 6 be revested in Her Majesty as of her former estate and removed from the operation of the *Transfer of Land Act 1893* to enable a Crown Grant of the said lands to be made to the said West Australian Temperance Alliance Incorporated in trust for a site for a temperance institution.\n\nBe it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: ‑\n\n##### 1. Short title\n\nThis Act may be cited as the *Reserve (Port Denison Suburban Lots 6 and 6a) Act 1980*.\n\n##### 2. Reserve No. 269 cancelled\n\nReserve No. 269, comprising Port Denison Suburban Lot 6a, containing 4 047 square metres and set apart for “Good Templar Lodge”, is hereby cancelled.\n\n##### 3. Land revested in Her Majesty\n\nAll that land being firstly Port Denison Suburban Lot 6a and being the whole of the land comprised in Certificate of Title Volume VII Folio 96 and secondly the unresumed portion of Port Denison Suburban Lot 6 and being part of the land comprised in Certificate of Title Volume VIII Folio 84, is revested in Her Majesty as of Her former estate and removed from the operation of the *Transfer of Land Act 1893*, and shall be reserved for the purpose of “Site for Temperance Institution”, with the intention that it shall be conveyed by way of Crown Grant in fee simple to the West Australian Temperance Alliance Incorporated, in trust for the aforesaid purpose.\n\n##### 4. Saving\n\n(1) Nothing in this Act shall preclude the West Australian Temperance Alliance Incorporated from applying pursuant to section 37 of the *Land Act 1933*, to the Minister for Lands for the cancellation of any reserve made under section 3 of this Act.\n\n(2) In the event of the said reserve being so cancelled, the West Australian Temperance Alliance Incorporated may sell, exchange, mortgage or lease the land referred to in section 3 of this Act, but no sale, exchange or mortgage of the said land shall be made without the consent of the Governor in Council and subject to such conditions as he may impose.\n\nNotes\n\n1. This is a compilation of the *Reserve (Port Denison Suburban Lots 6 and 6a) Act 1980* and includes all amendments effected by the other Acts referred to in the following Table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Reserve (Port Denison Suburban Lots 6 and 6a) Act 1980* | 69 of 1980 | 26 Nov 1980 | 26 Nov 1980 |\n\n\n2 Documents formerly registered in the Department of Lands and Surveys are now being held by the Western Australian Land Information Authority (see the *Land Information Authority Act 2006* s. 100).\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: resolving the specific land title issues affecting Port Denison Suburban Lots 6 and 6A. The scope has not expanded beyond the original intent to cancel Reserve No. 269 and revest the land for the benefit of the West Australian Temperance Alliance."},"complexity_factors":["Very short statute—only 4 operative sections plus preamble","No defined terms section; all terms are used in their ordinary meaning or explained in the preamble","Single purpose legislation with linear, chronological logic","Only one cross-reference to external legislation (section 37 of the Land Act 1933 in the saving provision)","No nested conditions or exceptions to exceptions—section 4 contains a simple conditional (\"In the event of...\") with straightforward consequences","Preamble is lengthy but narrative rather than technical—provides historical context rather than legal complexity"],"plain_english_summary":"This is a short Western Australian law from 1980 that fixes a century-old land ownership problem in Port Denison (near Dongara).\n\n**What happened:**\n- In 1877-1880, two pieces of land were granted to trustees for the \"Good Templars\"—a temperance (anti-alcohol) society that wanted to build a lodge in Dongara.\n- The trustees died in 1883 and 1921, but no new trustees were ever appointed.\n- The Good Templars group itself disappeared—no records exist, and it was never formally incorporated (meaning it wasn't a legal entity that could own property).\n- The paper certificates of title were lost.\n\n**The problem:**\nNobody could legally deal with the land. The original owners were dead, the organisation was defunct, and the paperwork was missing. The land was effectively stuck in legal limbo.\n\n**What this Act does:**\n- **Cancels** the old \"Reserve No. 269\" status on one of the lots.\n- **Takes the land back** to the Crown (the government/\"Her Majesty\")—this is called \"revesting\"—so it can be freshly granted out.\n- **Removes** the land from the normal land titles system (the *Transfer of Land Act 1893*) temporarily.\n- **Re-grants** the land to the West Australian Temperance Alliance Incorporated (the modern successor organisation promoting temperance) to hold in trust for a temperance institution.\n\n**Why it matters:**\nThis is a classic example of a \"remedial statute\"—a law that untangles a specific historical mess. Without this Act, two suburban lots in Port Denison would have remained unusable because of 100-year-old paperwork problems. The Act also includes a safety valve: if the Temperance Alliance ever wants to sell the land, they can apply to cancel the reserve, but need government approval to actually sell or mortgage it."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act preserves the original substantive purpose — use as land for temperance-related purposes — while altering legal form and ownership. It cancels Reserve No. 269 (s2), revests the specified lots in the Crown and removes them from the Transfer of Land Act to enable a Crown grant to the West Australian Temperance Alliance Incorporated (s3), and permits the Alliance to seek cancellation under the Land Act and subsequently dispose of the land subject to Governor in Council consent (s4). These are procedural and title-mechanism changes rather than a change of substantive scope."},"complexity_factors":["Very narrow, single-purpose statute with only four sections (low textual complexity)","Operates on historical land titles and grants dating to 1877–1881 (requires factual verification of old records)","Revesting in the Crown and removal from the Transfer of Land Act changes legal title regime (procedural implications for land administration)","Intended Crown grant to a specific incorporated body creates a targeted beneficiary and tied-purpose trust (ownership and trust implications)","Saving clause allows later action under the Land Act and imposes Governor in Council consent for certain disposals (administrative discretion and conditional future transactions)","References to multiple earlier statutes and lost historical documents increase evidentiary and administrative steps for implementation"],"plain_english_summary":"_This Act cancels Reserve No. 269 and revests Port Denison Suburban Lots 6 and 6a in the Crown, removes them from the operation of the Transfer of Land Act, and reserves the land as a “Site for Temperance Institution” so a Crown grant in fee simple can be made to the West Australian Temperance Alliance Incorporated._  _The Alliance may later apply under the Land Act to cancel that reserve and then sell, exchange, mortgage or lease the land, but any sale, exchange or mortgage requires the consent of the Governor in Council (s4)._"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"There is insufficient information to determine whether the scope changed from the original intent, as the full text of the legislation is inaccessible. Based on the title alone, the Act appears to serve a single, tightly defined purpose consistent with its name — dealing specifically with Port Denison Suburban Lots 6 and 6A."},"complexity_factors":["Legislation appears to be extremely narrow in scope, targeting only two specific land lots in a single town","Acts of this type are typically short, one-purpose instruments with minimal legal complexity","No legislative text is available for analysis, limiting any deeper complexity assessment","Site-specific land reservation Acts generally involve straightforward legal mechanisms under Western Australian land law"],"plain_english_summary":"This short, site-specific Act appears to change the legal status of two parcels in Port Denison (Suburban Lots 6 and 6A), either creating or revoking a public reserve to alter how the land can be used, managed, sold or leased. It mainly affects local land managers and nearby residents; broader public impact is minimal."}},"importantCases":[],"_links":{"self":"/api/acts/reserve-port-denison-suburban-lots-6-and-6a-act-1980","history":"/api/acts/reserve-port-denison-suburban-lots-6-and-6a-act-1980/history","analysis":"/api/acts/reserve-port-denison-suburban-lots-6-and-6a-act-1980/analysis","conflicts":"/api/acts/reserve-port-denison-suburban-lots-6-and-6a-act-1980/conflicts","importantCases":"/api/acts/reserve-port-denison-suburban-lots-6-and-6a-act-1980/important-cases","documents":"/api/acts/reserve-port-denison-suburban-lots-6-and-6a-act-1980/documents"}}