{"id":"st-james-church-land-trusts-act-1891","name":"St. James' Church Land Trusts Act 1891","slug":"st-james-church-land-trusts-act-1891","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178640,"registerId":"vic-st-james-church-land-trusts-act-1891-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"St. James' Church Land Trusts Act 1891","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nSt. James' Church Land Trusts Act 1891\nAct No. 1209/1891\nVersion as at 24 February 2003\nTABLE OF PROVISIONS\nSection Page\n1. Application of proceeds of disposition of sale or mortgage\nmoneys 2\n__________________\nSCHEDULE 3\n═══════════════\nENDNOTES 4\n1. General Information 4\n2. Table of Amendments 5\n3. Explanatory Details 6\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nSt. James' Church Land Trusts Act 1891\nAct No. 1209/1891\nVersion as at 24 February 2003\nAn Act to alter Trusts and Limitations in respect of portion of\nthe lands in the City of Melbourne generally known as\nSt. James' Church Lands and for other purposes.\nWHEREAS certain lands situate in the city of\nMelbourne are vested in The Church of England\nTrusts Corporation for the diocese of Melbourne\nand such lands are comprised in the certificate\nof title issued under the Transfer of Land Statute\n29 Victoria number 301 and entered in the\nregister book volume 1962 folio 392256:\nAND WHEREAS the purposes to which the\nproceeds of disposition of such lands are to be\napplied are set out and declared in the\nGovernment Gazette of the colony of Victoria\nbearing date the ninth day of February A.D. One\nthousand eight hundred and seventy-two:\nAND WHEREAS such purposes are declared so\nfar as the same relate to sale or mortgage\nmoneys amongst others that the same are to be\napplied by the bishop of the diocese of\nMelbourne or by the person duly authorized to\nadminister the affairs of the diocese during the\nvacancy of the see, both acting under the advice\nof the diocesan council of the said diocese, in\npaying off encumbrances or erecting buildings\non the lands comprised in the said certificate of\ntitle volume 1962 folio 392256:\nAND WHEREAS there are not any\nencumbrances on the lands comprised in the said\ncertificate of title and the same are now covered\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1209/1891\nSt. James' Church Land Trusts Act 1891\n2\nby buildings which have from time to time been\nerected upon the said lands:\nAND WHEREAS it is expedient that the\npurposes to which the proceeds of money raised\nby sale or mortgage of the said lands or any\nportion thereof should be extended so that in\naddition to the purposes to which the same may\nnow be applied the same may be applied to such\npurposes of the Church of England as may be\ndetermined upon from time to time by the\nbishop of the said diocese or by the person duly\nauthorized to administer the affairs of the see\nduring a vacancy of the said see both acting\nunder the advice of the diocesan council of the\nsaid diocese:\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. Application of proceeds of disposition of sale or\nmortgage moneys\nIn addition to the purposes to which the proceeds\nof disposition of sale or mortgage moneys of the\nlands mentioned in the Schedule hereto or of any\nportion of such lands are now legally applicable\nthe same may hereafter be applied to such\npurposes of the Church of England as may be\ndetermined upon from time to time by the bishop\nof the diocese or by the person duly authorized to\nadminister the affairs of the diocese during a\nvacancy of the see both acting by and under the\nadvice of the diocesan council of the said diocese.\n__________________\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1209/1891\nSt. James' Church Land Trusts Act 1891\n3\nSCHEDULE\nAll those pieces of land containing three acres one rood and twenty-three\nperches or thereabouts being parts of Crown section 15, city of Melbourne,\nparish of North Melbourne, county of Bourke, and being the whole of the\nland comprised in certificate of title entered in the register book volume\n1962, folio 392256, and being the same lands as are firstly and secondly\ndescribed in the Government Gazette of the 9th February, 1872, page 323.\n═══════════════\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1209/1891\nSt. James' Church Land Trusts Act 1891\n4\nENDNOTES\n1. General Information\nThe St. James' Church Land Trusts Act 1891 was assented to on\n12 October 1891 and came into operation on 12 October 1891.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1209/1891\nSt. James' Church Land Trusts Act 1891\n5\n2. Table of Amendments\nThere are no amendments made to the St. James' Church Land Trusts Act\n1891 by Acts and subordinate instruments.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1209/1891\nSt. James' Church Land Trusts Act 1891\n6\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on available information, there is no indication the scope has changed from its original intent. The Act appears to have been passed to address a very specific, one-off issue regarding St. James' Church land trusts and has remained unchanged — a common feature of 19th-century private or local Acts dealing with individual institutions."},"complexity_factors":["Extremely narrow and specific subject matter — applies only to one named church's land trusts","Victorian-era drafting style may use archaic legal language that requires interpretation","Limited available text in the excerpt makes full assessment difficult","Trust law concepts (trustee duties, beneficial ownership) can add some complexity","Historical context requires understanding of 19th-century colonial land and church property arrangements"],"plain_english_summary":"A very narrow 1891 Victorian Act that governs land held in trust for St. James' Church, setting legal arrangements for how that church’s property can be managed, transferred or used. It primarily affects the church and its trustees.\n\nIt remains technically in force, so it can still matter for historic land dealings, but its practical impact today is minimal for the general public."},"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 broadens the permitted uses of proceeds from sale or mortgage of the specified St. James' lands. The 1872 Gazette purposes (paying encumbrances or erecting buildings on the lands) are extended so proceeds \"may hereafter be applied to such purposes of the Church of England as may be determined\" by the bishop or the person administering during a vacancy acting with diocesan council advice (preamble; s.1). Who pays: purchasers or mortgagees providing proceeds of disposition (Schedule). Who decides: bishop or diocesan administrator with diocesan council advice (preamble; s.1). The mechanical effect is to shift allocation discretion from site‑specific obligations to diocesan-level priorities, creating an opportunity cost if funds are diverted from local land improvements to other church uses."},"complexity_factors":["Single operative provision extending application of proceeds (s.1) — limited legislative scope reduces structural complexity.","Specific land identified in the Schedule and by certificate of title — narrow geographic/asset focus (Schedule; preamble).","Broad, open-ended phrase 'such purposes of the Church of England' introduces interpretive uncertainty about permissible uses of funds (preamble; s.1).","Decision-making power vested in the bishop or diocesan administrator acting 'by and under the advice of the diocesan council' concentrates discretion in internal church actors (preamble; s.1).","No procedural constraints, reporting, or external oversight set out in the Act on how proceeds must be applied — governance and accountability left to the diocese (s.1).","Practical compliance burden is low for external regulators; administrative burden is internal to the Church (s.1; Schedule)."],"plain_english_summary":"The Act allows money raised by sale or mortgage of the St. James' Church lands (listed in the Schedule) to be used not only for site charges or building works but for any Church of England purposes the bishop (or an administrator during a vacancy) decides with the diocesan council's advice. It changes who controls and allocates those land-derived funds: the diocese gains discretion to direct proceeds to broader church priorities instead of being restricted to land‑specific uses."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose. The 1891 Act was specifically designed to expand the permissible uses of proceeds from St. James' Church lands, and it continues to do exactly that. There has been no expansion into broader church property law, no amendments extending to other parishes, and no regulatory growth. The Act has remained unamended since 1891."},"complexity_factors":["Single operative section (Section 1) containing the entire legislative change","No defined terms section; all terms used are ordinary language or explained in context","No cross-references to other legislation except historical references to the Transfer of Land Statute and Government Gazette for identification purposes","Simple conditional structure: 'In addition to [existing purposes], the same may hereafter be applied to [new purposes]'","No exceptions, provisos, or nested conditions","Extremely short: approximately 200 words of substantive law excluding preamble and schedule","Schedule contains only a land description using historical surveying terminology"],"plain_english_summary":"**What this law does:**\n\nThis 1891 Victorian law changes the rules about how money from selling or mortgaging church land can be spent.\n\n**Background:**\n- St. James' Church in Melbourne owned about 3 acres of land in the city (described in old-fashioned measurements as \"three acres one rood and twenty-three perches\")\n- This land was held by the Church of England Trusts Corporation\n- Previously, any money raised from selling or mortgaging this land could **only** be used for two specific purposes: paying off debts on the land, or building structures on that same land\n\n**What changed:**\n- The law **expands** what the money can be used for\n- Now, sale or mortgage money can also be used for **any Church of England purposes** decided by:\n  - The Bishop of Melbourne, **or**\n  - Whoever is running the diocese when there's no bishop (called a \"vacancy of the see\")\n- **Important check:** Both must act with advice from the diocesan council (a governing body of senior church officials)\n\n**Who it affects:**\n- The Anglican Church (Church of England) in Melbourne, specifically the St. James' parish and the Melbourne diocese\n- Anyone dealing with property transactions involving this specific parcel of land\n\n**Why it matters:**\nThis gave the church much more flexibility. Instead of being locked into only building on this specific land or paying off its debts, the church could redirect funds to broader religious, charitable, or operational needs—provided the bishop and council agreed."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/st-james-church-land-trusts-act-1891","history":"/api/acts/st-james-church-land-trusts-act-1891/history","analysis":"/api/acts/st-james-church-land-trusts-act-1891/analysis","conflicts":"/api/acts/st-james-church-land-trusts-act-1891/conflicts","importantCases":"/api/acts/st-james-church-land-trusts-act-1891/important-cases","documents":"/api/acts/st-james-church-land-trusts-act-1891/documents"}}