{"id":"nsw:act-1908-sbu","name":"Sydney Bethel Union Extension Act 1908","slug":"sydney-bethel-union-extension-act-1908","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"sbu of 1908","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":112012,"registerId":"nsw-act-1908-sbu-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Vesting clause","content":"#### 1 Vesting clause\n\n1 Vesting clause\n\n> Upon the passing of this Act the lands described in the First Schedule to this Act shall be vested in Sir James Fairfax, George Stanley Littlejohn, Alfred William Meeks, and John Gainford, the present trustees of the Sydney Bethel Union, and hereinafter called the said trustees, their heirs and assigns, for an absolute estate in fee-simple to be held by them upon the trusts declared by the said grant of the first day of March, one thousand eight hundred and fifty-eight, and by this Act.","sortOrder":0},{"sectionNumber":"1A","sectionType":"section","heading":"Company as trustee","content":"#### 1A Company as trustee\n\n1A Company as trustee\n\n> > (1) Any property that, immediately before the appointed day, was vested in the trustees under this Act is, on that day, divested from the trustees and is, to the extent that it was so vested, vested (without conveyance) in Sydney Bethel Union Pty Ltd (ACN 617 974 688) (the new Trust).\n> \n> > (2) The vesting of the property in the new Trust does not affect:\n> > \n> > > (a) any reservation, mortgage, charge, encumbrance, lien or lease that affected the property immediately before the vesting, or\n> > \n> > > (b) any trust on which the property was held immediately before the vesting.\n> \n> > (3) The new Trust has the functions that are conferred or imposed on a trustee by this Act.\n> \n> > (4) In this section, appointed day means the day on which this section commences.\n> \n> **s 1A:** Ins 2018 No 87, Sch 1.25.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Grant to trustees in lieu of compensation to operate as release","content":"#### 2 Grant to trustees in lieu of compensation to operate as release\n\n2 Grant to trustees in lieu of compensation to operate as release\n\n> It shall be lawful for His Excellency the Governor with the advice of the Executive Council, to grant to the said trustees for an absolute estate the lands described in the Third Schedule to this Act to be held by them upon the trusts declared by the said grant of the first day of March, one thousand eight hundred and fifty-eight, and this Act in full satisfaction and discharge of all claim to compensation under the provisions of the [Public Works Act 1900](/view/pdf/asmade/act-1900-26), by the said trustees or by any other person or persons on behalf of the Sydney Bethel Union in respect of the resumption of the lands described in the Second Schedule to this Act, and the delivery of the grant of the said lands in the Third Schedule to the said trustees shall operate as an absolute release to the Government of New South Wales of all claims by any person claiming under the said grant of the first day of March, one thousand eight hundred and fifty-eight.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Power to extend operations","content":"#### 3 Power to extend operations\n\n3 Power to extend operations\n\n> It shall be lawful for the said trustees, or other the trustees for the time-being of the Sydney Bethel Union, to extend the operations of the said Mariners’ Church with full power from time to time either to erect on the said lands so vested in them, or on any other lands vested in or acquired by them, new buildings, or to make alterations of any buildings on those lands to provide such facilities as the trustees may in their discretion think advisable, with a view to more effectually providing religious and secular instruction and social recreation for seafarers of all nations visiting any port in New South Wales.\n> \n> **s 3:** Am 2002 No 3, Sch 1 \\[2\\]–\\[5\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Trustees authorised to sell, and application of proceeds","content":"#### 4 Trustees authorised to sell, and application of proceeds\n\n4 Trustees authorised to sell, and application of proceeds\n\n> After the passing of this Act it shall be lawful for the said trustees or other the trustees for the time-being of the lands subject to the said trusts to sell and dispose of the said lands together with the buildings erected thereon by public auction or private contract, and either in one lot or in several lots as the said trustees shall think most expedient, for such prices as can be reasonably had or obtained for the same, and when sold to convey the same, or any part or parts thereof, to the purchaser or purchasers thereof, and thereupon the same respectively shall vest absolutely for an estate in fee-simple in the said purchaser or purchasers, their or his heirs and assigns freed and discharged from the said trusts, and the trustees shall stand possessed of all moneys arising from any and every such sale or sales as aforesaid upon trust to apply the same, and the same shall be applied in and towards purchasing other lands suitable for a mariners’church and other necessary buildings as aforesaid in New South Wales, and in and towards building such church, and other necessary buildings as aforesaid, and the receipt in writing of the trustees for the purchase moneys arising from any such sale or sales shall be a sufficient discharge to any and every purchaser of the said land, and shall exonerate such purchaser from seeing to the application of the said moneys.\n> \n> **s 4:** Am 2002 No 3, Sch 1 \\[6\\].","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Trustees authorised to lease","content":"#### 5 Trustees authorised to lease\n\n5 Trustees authorised to lease\n\n> It shall be lawful for the said trustees to lease the said lands subject to the said trusts, or any land subsequently acquired by the said trustees under the powers hereinbefore contained, together with the buildings from time to time erected thereon for such term not exceeding twenty-five years, and at such rental, whether nominal or not, as they may in their absolute discretion think fit to any association, institution, or body of persons engaged in mission work among seafarers in any port in New South Wales and in any such lease they may enter into an agreement with the lessees that they the said lessees shall erect such new building, or make such alterations in any existing building, as may appear to the trustees advisable, and generally may make such further or other agreement with the lessees as may, in the opinion of the trustees best secure the provision of religious and secular instruction and social recreation for such seafarers as aforesaid.\n> \n> **s 5:** Am 2002 No 3, Sch 1 \\[7\\] \\[8\\].","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Terms of sale","content":"#### 6 Terms of sale\n\n6 Terms of sale\n\n> Any sale by the trustees under the foregoing provisions may be made upon terms allowing the purchaser credit for the payment of any part of the purchase money not exceeding two third parts thereof upon such terms as to interest or otherwise as the trustees may deem reasonable and expedient.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Receipts to be valid discharges","content":"#### 7 Receipts to be valid discharges\n\n7 Receipts to be valid discharges\n\n> The receipts of any person to whom any money shall be paid by the trustees under the provisions of this Act shall be a valid and complete discharge to the trustees for such moneys.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Trustees authorised to mortgage","content":"#### 8 Trustees authorised to mortgage\n\n8 Trustees authorised to mortgage\n\n> It shall be lawful for the trustees to mortgage the said lands or any lands to be purchased by them as hereinbefore mentioned for the purpose of raising the moneys required by the trustees for carrying out the powers given to them by this Act, and no person proposing to lend money to the trustees upon any such mortgage shall be concerned to inquire the purpose for which such money is required, nor to see to the application of the money lent by him to the trustees.","sortOrder":8},{"sectionNumber":"8A","sectionType":"section","heading":"Investment powers of trustees","content":"#### 8A Investment powers of trustees\n\n8A Investment powers of trustees\n\n> The trustees may invest any money held by them that is not immediately required for the purposes of this Act in any manner in which trustees are authorised by the [Trustee Act 1925](/view/html/inforce/current/act-1925-014) to invest trust funds.\n> \n> **ss 8A–8C:** Ins 2002 No 3, Sch 1 \\[9\\].","sortOrder":9},{"sectionNumber":"8B","sectionType":"section","heading":"Power of trustees to employ staff","content":"#### 8B Power of trustees to employ staff\n\n8B Power of trustees to employ staff\n\n> The trustees may employ or otherwise engage persons to assist in providing facilities for seafarers visiting any of the ports in New South Wales.\n> \n> **ss 8A–8C:** Ins 2002 No 3, Sch 1 \\[9\\].","sortOrder":10},{"sectionNumber":"8C","sectionType":"section","heading":"Power of trustees to make grants","content":"#### 8C Power of trustees to make grants\n\n8C Power of trustees to make grants\n\n> The trustees may make grants to any association, institution or body of persons engaged in mission work among seafarers in any port of New South Wales for the purpose of securing the provision of religious and secular instruction and social recreation for those seafarers.\n> \n> **ss 8A–8C:** Ins 2002 No 3, Sch 1 \\[9\\].","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Appointment of new trustees","content":"#### 9 Appointment of new trustees\n\n9 Appointment of new trustees\n\n> So often as there shall be any vacancy by death or resignation of any of the trustees it shall be lawful for the Governor, by notice in the Government Gazette, to appoint a new trustee in his place, and thereupon the lands, subject to the said trusts and the right to sue for and recover any stock, shares, or choses in action subject to the said trusts shall, by virtue of such notification, and without any formal assurance in the law, vest in the persons who, upon such appointment, are the trustees: Provided that in the event of the lands or any part thereof being subject to the provisions of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025), such lands or such part thereof as the case may be shall not so vest until a copy of such notification in the Government Gazette shall have been received by the Registrar-General and been by him noted in the register book under the said Act.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Trustees absenting deemed to have resigned","content":"#### 10 Trustees absenting deemed to have resigned\n\n10 Trustees absenting deemed to have resigned\n\n> For the purpose of the last preceding section any trustee who has been absent from the Commonwealth of Australia for a period of two years consecutively at any one time shall be deemed to have resigned his position as trustee.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Publication in Government Gazette of appointment to be evidence","content":"#### 11 Publication in Government Gazette of appointment to be evidence\n\n11 Publication in Government Gazette of appointment to be evidence\n\n> The publication in the Government Gazette of a notification of appointment of a new trustee as hereinbefore mentioned shall be conclusive evidence of the propriety of such appointment, and that the person in whose place such new trustee is expressed to be appointed has ceased to be a trustee.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Name of Act","content":"#### 12 Name of Act\n\n12 Name of Act\n\n> This Act may be cited as the [Sydney Bethel Union Extension Act 1908](/view/html/inforce/current/act-1908-sbu).\n> \n> **s 12:** Ins 1934 No 23, sec 1 (2).","sortOrder":15},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nFirst Schedule\n\nALL that piece or parcel of land in our said territory containing by admeasurement twenty-seven perches, situated in the city of Sydney, parish of St. Philip, county of Cumberland: Commencing at the intersection of the eastern building line of George-street with the southern side of the wall forming the southern boundary of R. Campbell’s property; bounded thence on the west by the said eastern building line of George-street, bearing south-easterly eighty links and one half link; thence south-south-easterly one chain and six links; on the south-east by a line bearing north-easterly two chains more or less to the Circular Quay; on the east by the west side of the Circular Quay, bearing northerly thirty-one links to the southern side of the wall forming the southern boundary line of R. Campbell’s property aforesaid; and on the north by the southern side of the said wall, bearing westerly one chain and seventy-six links, to the point of commencement at its intersection with the eastern building line of George-street aforesaid, being the land advertised in the Government Gazette notice dated the first day of January, one thousand eight hundred and fifty-eight.","sortOrder":16},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSecond Schedule\n\nAll that piece and parcel of land containing three and three-quarter perches situate in the city of Sydney, parish of Alexandria, county of Cumberland, New South Wales, and being part of the Mariners’ Church area, and commencing at the intersection of the northern face of a new nine-inch brick wall (retaining a passage six feet three and a half inches wide), with the old dwarf stone wall on the eastern side of George-street, such intersection being distant forty-five feet one and three-quarter inches, and bearing one degree eighteen minutes from the intersection of the east side of George-street with the north-west side of Bethel-street; and bounded thence on the north by the north face of nine-inch brick wall referred to, bearing ninety-seven degrees eighteen minutes for forty-eight feet eleven inches to Bethel-street aforesaid; thence on the south-east by Bethel-street, bearing two hundred and thirty-one degrees fifty minutes for fifty-six feet seven inches; thence on the south and south-west by the arc of a circle (of four feet radius) for eight feet two and a half inches whose chord bears three hundred and fifteen degrees for six feet ten and a quarter inches, the centre of which lies to the north-east of said chord to the eastern side of George-street; thence on the west by the eastern side of George-street, bearing one degree eighteen minutes for thirty-six feet four inches, to the point of commencement, be the said several dimensions a little more or less.\n\nNOTE—All bearings are to the trigonometrical meridian. Bethel-street is now non-existent, and this area embraces the passage referred to and part of the Coroner’s Court.","sortOrder":17},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":null,"content":"# Schedule 3\n\nThird Schedule\n\nAll that piece and parcel of land, containing four perches, situate in the city of Sydney, parish of Alexandria, county of Cumberland, New South Wales, adjoining the Mariners’ Church property, and commencing on Circular Quay at a bend in the wall surrounding said property, and being also the intersection of the north-west side of Bethel-street with the western side of Circular Quay, such bend in the wall being distant thirty-three feet four and seven-eighth inches, bearing one hundred and eighty-eight degrees thirty-six minutes from the north-east corner of Mariners’ Church property aforesaid; and bounded thence on the north-west by a stone wall along Bethel-street bearing two hundred and thirty-one degrees fifty minutes for sixty-five feet ten and a quarter inches to a new nine-inch brick wall (retaining a passage six feet six inches wide); thence on the south by the northern edge of said wall bearing ninety-seven degrees eighteen minutes for forty-six feet five and three-eighth inches to Circular Quay; thence on the east by a line along Circular Quay crossing Bethel-street bearing six degrees fifty-eight minutes for forty-seven feet, to the point of commencement, be the said several dimensions a little more or less.\n\nNOTE—All bearings are to the trigonometrical meridian. This area is wholly within Bethel-street, now non-existent.","sortOrder":18}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. The Act’s operational scope was modernised: s1A (inserted 2018) transfers existing trust property automatically into Sydney Bethel Union Pty Ltd as corporate trustee while preserving prior encumbrances and trusts (s1A(1)–(2)) and conferring trustee functions on the company (s1A(3)). Earlier 2002 inserts (ss 8A–8C and amendments to ss 3–5,4) expanded trustees’ powers to invest, employ staff and make grants. These amendments shift ownership mechanics and broaden operational powers of the trustee(s)."},"complexity_factors":["Combination of 1908 conveyancing language and precise cadastral schedules (schedules 1–3) increases technical drafting and interpretation work.","Automatic vesting to a corporate trustee without conveyance (s1A) changes legal title transfer mechanics and interacts with existing encumbrances (s1A(1)–(2)).","Wide trustee discretions to sell, lease (≤25 years), mortgage, invest, employ staff and make grants (ss 3–5, 8, 8A–8C) concentrate substantive decision-making in trustees.","Statutory protection for purchasers and lenders (s4, s8, s7) limits third‑party due diligence obligations, affecting transaction risk allocation.","Governor appointment mechanism and vacancy rules (ss 9–11) plus automatic resignation by prolonged absence (s10) create administrative steps for trustee succession; Real Property Act interaction affects registration (s9).","Multiple later amendments (noted inserts at ss 3,4,8A–8C and s1A) mean the Act mixes historical and modern provisions, complicating statutory history and construction."],"plain_english_summary":"This Act vests specified Sydney land in trustees to hold for the Mariners’ Church trust and authorises trustees to manage the property — including selling, leasing (up to 25 years), mortgaging, investing, employing staff and making grants to provide religious and social facilities for seafarers. Trustees decide; the Governor appoints replacements (s9).\n\nAn amendment vests the trust property automatically in Sydney Bethel Union Pty Ltd as corporate trustee (s1A) while preserving prior encumbrances and trusts (s1A(2)); sale proceeds must fund replacement or rebuilding of the Mariners’ Church (s4). Funded by purchasers, lessees and lenders."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1908 Act was narrowly focused on land transfer and compensation for resumed land near Circular Quay. Through amendments in 2002 and 2018, it has expanded into a comprehensive governance statute covering investment powers, employment, grant-making, and corporate trustee structures — effectively becoming a permanent statutory charter for the Sydney Bethel Union rather than a simple land vesting instrument."},"complexity_factors":["Multiple historical layers: original 1908 provisions, 1934 amendment (citation), 2002 amendments (modern powers), and 2018 amendment (corporate trustee transition)","Archaic land descriptions in Schedules using perches, links, chains, and compass bearings — requiring conversion to modern measurements","Cross-references to external legislation: Public Works Act 1900, Real Property Act 1900, Trustee Act 1925","Conditional vesting provisions (section 9) requiring Gazette notification AND Registrar-General notation for Torrens title land","Transitional mechanics in section 1A preserving existing encumbrances and trusts during the 2018 corporate restructure","Mixture of obsolete language ('fee-simple', 'choses in action', 'His Excellency the Governor') with modern corporate governance terms"],"plain_english_summary":"This legislation governs a specific piece of land in Sydney (near Circular Quay) that was originally set aside in 1858 for the **Sydney Bethel Union** — a charitable organisation that provides religious services, education, and social support for seafarers visiting NSW ports.\n\n**What the Act does:**\n\n- **Originally (1908):** It transferred ownership of land to four named trustees (Sir James Fairfax and others) to hold for the Bethel Union's purposes. It also allowed the government to swap some land — taking a small piece for public works and giving the trustees a replacement piece instead of cash compensation.\n\n- **Modern updates:**\n  - **2018:** The trusteeship was transferred from individual people to a company, **Sydney Bethel Union Pty Ltd**, which now holds the property.\n  - **2002:** Added modern powers for the trustees to invest money, employ staff, and make grants to other seafarer welfare organisations.\n\n**Key powers the trustees have:**\n- Build or alter buildings for seafarers' welfare\n- Sell the land and buy new land elsewhere (with proceeds reinvested in the mission)\n- Lease the property for up to 25 years to groups doing seafarer mission work\n- Borrow money using the land as security\n- Invest surplus funds\n- Employ staff and give grants to other seafarer charities\n\n**Who appoints trustees?** The NSW Governor (through a notice in the Government Gazette). Trustees who leave Australia for 2+ years are automatically deemed to have resigned.\n\n**Why it matters:** This is a rare example of **private legislation** — an Act of Parliament created specifically for one charitable organisation. It gives the Sydney Bethel Union special legal powers that ordinary trusts don't have, while ensuring the land remains dedicated to helping seafarers."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have remained focused on its original narrow purpose of extending the powers or operations of the Sydney Bethel Union. While it has been amended across several decades, the title and Private Act status suggest it has not broadened into a matter of general public application. No evidence of significant scope change is apparent from the provided material."},"complexity_factors":["The actual text of the Act's provisions is not reproduced in the provided document, making full analysis impossible","It is a Private Act — a relatively uncommon and specialist category of legislation that applies to one specific organisation rather than the public","Its historical age (1908) means it may reference legal concepts, organisations, and property arrangements that no longer exist in their original form","Multiple amendment versions exist (1934, 2002, 2018), suggesting some complexity has accumulated over time, though the nature of those amendments is unknown from the provided text"],"plain_english_summary":"The Sydney Bethel Union Extension Act 1908 is a private New South Wales law that expanded the legal powers or property capacity of the Sydney Bethel Union, a charitable organisation serving seafarers.  \n\nEffectively a narrow, century‑old statute tied to a specific sailor‑welfare charity, it remains on the books as a historical relic and has no meaningful impact on the general public today."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/sydney-bethel-union-extension-act-1908","history":"/api/acts/sydney-bethel-union-extension-act-1908/history","analysis":"/api/acts/sydney-bethel-union-extension-act-1908/analysis","conflicts":"/api/acts/sydney-bethel-union-extension-act-1908/conflicts","importantCases":"/api/acts/sydney-bethel-union-extension-act-1908/important-cases","documents":"/api/acts/sydney-bethel-union-extension-act-1908/documents"}}