{"id":"the-roman-catholic-church-lands-act-1895","name":"The Roman Catholic Church Lands Act 1895","slug":"the-roman-catholic-church-lands-act-1895","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110651,"registerId":"wa-the-roman-catholic-church-lands-act-1895-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"The Roman Catholic Church Lands Act 1895","content":"![Crest]()Western Australia\n\nRoman Catholic Church Lands Act 1895\n\nWestern Australia\n\nRoman Catholic Church Lands Act 1895\n\nContents\n\n1. Short title 3\n\n2. Power to mortgage 3\n\n3. Power to lease 4\n\n4. Limitation of powers to mortgage and lease 4\n\n5. Power of sale of lands granted by the Crown 5\n\n6. Purchases etc. protected from certain irregularities 5\n\n7. Certain transactions invalid without Governor’s approval 5\n\n8. “Lands”, definition of 5\n\nNotes\n\nCompilation table 6\n\nDefined terms\n\n  \n\nWestern Australia\n\nRoman Catholic Church Lands Act 1895\n\nAn Act to empower the Bishop of the Roman Catholic Church in Western Australia, and his successors in office, to lease, and raise money by way of mortgage on, Church lands, and to sell certain of such lands in certain cases.\n\nPreamble\n\nWhereas by the Ordinance made and passed by the Legislative Council in the 22nd year of the Reign of Her present Majesty, and numbered 4 2, it was enacted that all estate, right and title, legal and equitable, in and to all churches, buildings, convents, monasteries, lands and premises in the said Colony belonging to, and used in connection with the Roman Catholic Church, and then vested in any person or persons whomsoever as a trustee or trustees, should from and after the passing of that Ordinance and by virtue thereof, and without the necessity of any formal deed of assurance, be divested from such person or persons and vest absolutely and indefeasibly in the Roman Catholic Bishop for the time being administering the ecclesiastical affairs of the Roman Catholic Church in the said Colony and his successors in the said office upon the trusts mentioned and contained in the several deeds or other assurances in the law granting and conveying such churches, buildings, convents, monasteries, lands and premises to such person or persons as a trustee or trustees as aforesaid.\n\nAnd that the estate in all lands and premises which should be thereafter granted and conveyed by any person or persons for Roman Catholic Church purposes should be vested by deed or other proper assurance in the Roman Catholic Bishop for the time being administering the ecclesiastical affairs of the said Roman Catholic Church in the said Colony, and his successors, under and subject to such trusts as might be imposed by the donors and grantors thereof as conditions of their grant.\n\nAnd whereas the Right Reverend Matthew Gibney is at present the holder of the said office, and is desirous of improving and turning to better account certain of the said lands vested in him as such Bishop as aforesaid, and for such purposes of obtaining the powers and authorities hereinafter mentioned.\n\nBe it therefore enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and 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 *Roman Catholic Church Lands Act 1895*.\n\n[Section 1 inserted: No. 74 of 2003 s. 149(1).]\n\n##### 2. Power to mortgage\n\n(1) Subject to the provisions of this Act, the Bishop for the time being administering the ecclesiastical affairs of the Roman Catholic Church in Western Australia, and his successors in office, may from time to time borrow and take up at interest any sum or sums of money on security of any lands vested in him or them as such Bishop as aforesaid, for the purpose of building upon any of such lands or otherwise improving the same and for any other purpose or purposes whatsoever that the said Archbishop in his corporate name, with the consent of the advisers, may deem necessary from time to time and to mortgage in fee or for a term of years any of such lands so vested in him as security for the amount of any such loan, and either with or without a power of sale and leasing respectively in case of default being made in the payment of the principal and interest moneys at the time or times by such mortgage appointed for the payment thereof respectively, and with or without a power of distress and such other and accompanying powers, clauses, and provisions as he shall deem expedient, and to give receipts for the moneys to be advanced.\n\n(2) The lands so to be mortgaged shall thenceforth be held by the mortgagee or mortgagees thereof, his, her or their heirs and assigns, freed and absolutely discharged from the trusts upon which the same may for the time being be held by such Bishop.\n\n(3) Unless otherwise therein expressed, no covenant, proviso, or other matter or thing contained in any such mortgage shall be deemed or construed to impose on the mortgagor, his heirs, executors, administrators, or assigns any personal obligation or responsibility for the repayment of the principal moneys or interest thereby secured.\n\n(4) Any moneys raised by way of mortgage under this section, or any part of such moneys, may be expended in building on or otherwise improving the lands comprised in the security or any other lands not therein comprised.\n\n[Section 2 amended: No. 4 of 1916 s. 6.]\n\n##### 3. Power to lease\n\nThe said Bishop and his successors in office may from time to time lease any lands vested in him or them as such Bishop as aforesaid for any term, with or without a right of renewal, and either by way of building lease or otherwise, and subject to such covenants, conditions, and agreements as the lessor may think fit.\n\n##### 4. Limitation of powers to mortgage and lease\n\n(1) Nothing this Act contained shall authorise —\n\n(a) A mortgage, or a lease for any term exceeding 21 years, of any lands which have been granted by the Crown to or for the use or benefit of the Roman Catholic Church, without pecuniary consideration therefor, except with the consent in writing of the Governor in Council, nor —\n\n(b) A mortgage of any lands acquired otherwise than by grant from the Crown as aforesaid, if such lands be held upon any express trust or condition against alienation.\n\n(2) A trust or condition expressed to be for the use or purposes or benefit of the Roman Catholic Church, or in any words of like import, shall not be deemed to be an express trust within the meaning of this section.\n\n##### 5. Power of sale of lands granted by the Crown\n\nWith the consent of the Governor in Council, the said Bishop and his successors in office may sell any lands granted by the Crown as aforesaid to him or his predecessors in such office, or that may hereafter be so granted to him or his successors.\n\n##### 6. Purchases etc. protected from certain irregularities\n\nNothing in this Act contained shall be deemed or construed to make it necessary for any purchaser, mortgagee, or lessee to inquire whether any power of sale, mortgage, or lease was duly and regularly made or exercised, or in anywise to see to the application of any moneys raised under the authority of this Act, or to inquire into the necessity, regularity, or propriety of any such sale, mortgage, or lease, or be affected by notice that the same is or are irregular, unnecessary, or improper; subject, always, to the provisions of the next following section.\n\n##### 7. Certain transactions invalid without Governor’s approval\n\nNo assurance on sale or mortgage or any lease for a term exceeding 21 years, of lands granted by the Crown to or for the use or benefit of the Roman Catholic Church, without pecuniary consideration therefor, shall be valid unless countersigned as approved by the Governor for the time being of the said Colony, with the advice of the Executive Council.\n\n##### 8. “Lands”, definition of\n\nThe expression lands in this Act shall include lands granted by the Crown to or otherwise acquired by the said Bishop or his successors after the passing of this Act for the use or purposes of the Roman Catholic Church in this Colony.\n\nNotes\n\n1 This is a compilation of the *Roman Catholic Church Lands Act 1895* and includes the amendments made by the other written laws referred to in the following table 3.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *The Roman Catholic Church Lands Act 1895* 4 | 59 Vict. Private Act | 12 Oct 1895 | 12 Oct 1895 |\n| *Roman Catholic Church Property Acts Amendment Act 1916* s. 6 | 4 of 1916 | 17 Nov 1916 | 17 Nov 1916 |\n| **Reprint 1: *The Roman Catholic Church Lands Act 1895* as at 7 Feb 2003** (includes amendments listed above) | | | |\n| *Statutes (Repeals and Minor Amendments) Act 2003* s. 149(1) | 74 of 2003 | 15 Dec 2003 | 15 Dec 2003 (see s. 2) |\n\n\n2 Now cited as the *Roman Catholic Church Lands Ordinance 1858*.\n\n3  This Act is to be read as one with the following Act:\n\n *Roman Catholic Church Lands Amendment Act 1902.*\n\n  This Act is affected by the following Acts:\n\n *Roman Catholic Church Property Act 1911*\n\n *Roman Catholic Church Property Act Amendment Act 1912*\n\n *Roman Catholic Church Property Acts Amendment Act 1916.*\n\nOther relevant written laws:\n\n *Roman Catholic Church Lands Ordinance 1858*\n\n *Roman Catholic Geraldton Church Property Act 1925*\n\n *Roman Catholic New Norcia Church Property Act 1929*\n\n *Roman Catholic Bunbury Church Property Act 1955*\n\n *Roman Catholic Bishop of Broome Property Act 1957.*\n\n4 Now known as the *Roman Catholic Church Lands Act 1895*; short title changed (see note under s. 1).\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nlands 8\n","sortOrder":0}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The statute's core scope remains the same as its original purpose: to allow the Roman Catholic Bishop to mortgage, lease, and (in defined circumstances) sell Church lands so as to raise funds or develop land. Subsequent amendments noted in the compilation (including the 1916 amendment to s2 and later formal short‑title changes) mostly clarify mechanics, procedural controls (Governor in Council approvals), and protections for third parties rather than expanding the law into new subject matter. In short, the statute has been refined and clarified over time but has not grown significantly beyond its original function."},"complexity_factors":["8 substantive sections (short, focused statute)","1 defined term ('lands') with a broad definition (s8)","Single, significant legal effect: mortgages free land from prior trusts (s2(2)) — a non‑obvious substantive consequence","Conditional logic requiring Governor in Council consent for Crown‑granted, no‑consideration lands (s4(1)(a), s5, s7)","A narrow exception/qualification about 'express trusts' against alienation and a definitional carve‑out that changes how donors' words operate (s4(1)(b), s4(2))","Third‑party protective clause reducing inquiry obligations (s6) which alters normal due diligence rules","Several historical amendments and cross‑references listed in compilation notes (adds interpretive context but not operational complexity within this Act)"],"plain_english_summary":"**What this law does (mechanically)**\n\n- The Act gives the Roman Catholic Bishop of Western Australia (and his successors) specific legal powers over land held for Roman Catholic Church purposes. It lets the Bishop:\n  - Borrow money using church land as security (mortgage) (s2);\n  - Lease church land for fixed terms, including building leases (s3);\n  - Sell Crown‑granted church land, but only with the Governor in Council’s consent (s5).\n\n- Key limits and conditions:\n  - Mortgages or leases longer than 21 years of land that was granted by the Crown to the Church without payment require the Governor in Council’s written consent (s4(1)(a), s7).\n  - Lands held on an \"express trust or condition against alienation\" cannot be mortgaged (s4(1)(b)).\n  - The Act defines \"lands\" to include land granted by the Crown or otherwise acquired for Church use after the Act (s8).\n\n- Important legal effects created by the Act:\n  - A mortgagee who takes the security becomes entitled to the mortgaged land free from the previous trusts that attached to it (s2(2)). In plain terms: if the Bishop mortgages a piece of Church land, the lender’s title to that land is not bound by the prior charitable or donor-imposed trust attached to it.\n  - Unless a mortgage agreement expressly says otherwise, the Bishop (the mortgagor) is not personally liable to repay the borrowed money — the lender’s remedy is generally limited to the land itself (s2(3)).\n  - Money raised under a mortgage can be spent on improving the mortgaged land or on other Church lands (s2(4)).\n  - Third parties who buy, lease, or lend relying on the Act need not investigate whether the Bishop properly exercised the power or whether funds were applied correctly; purchasers and lenders are legally protected from many irregularity claims (s6), subject to the Governor‑approval rules for Crown grants.\n\n**Who it affects**\n\n- Directly: the Roman Catholic Bishop of Western Australia and his successors (the office-holder who controls the powers in the Act) (s2, s3).\n- Indirectly: donors and beneficiaries of Church land trusts (because mortgaging can extinguish the prior trust over the land) (s2(2)); lenders and mortgagees (who receive priority and protection) (s2, s6); tenants and purchasers of Church land (s3, s6); and the Governor in Council (who must approve certain long leases, mortgages and sales of Crown‑granted land) (s4(1)(a), s5, s7).\n\n**Why it matters (stated purpose and practical consequences)**\n\n- The Act was framed to let the Bishop \"improve and turn to better account\" Church land (preamble) by borrowing and contracting over it. That is, it converts land holdings into a source of capital for building, development, or other Church purposes by allowing mortgages and leases (s2–s3).\n\n- Costs, incentives and trade‑offs (mechanisms rather than opinions):\n  - Incentive for the Bishop: greater flexibility to raise funds and use land as security, which can finance construction or other Church projects (s2(1), s2(4)).\n  - Benefit for lenders: strengthened position — mortgagees take land free of prior trusts (s2(2)) and are protected against inquiries into the propriety of the transaction (s6). This reduces lender due diligence costs and increases willingness to lend against Church land.\n  - Effect on donors/beneficiaries: donor or charitable restrictions that are not expressed as a strict, clear \"express trust\" allowing no alienation may be ineffective to prevent mortgages (s4(1)(b) and s4(2)). That means donors who expected perpetual protection of a gift may see the land used to secure borrowing.\n  - Government role and administrative friction: for Crown‑granted, no‑consideration lands, the Governor in Council must approve long leases, mortgages and sales (s4(1)(a), s5, s7). That introduces a gatekeeper (executive) decision and associated timing and discretion.\n  - Transactional simplicity for third parties: s6 reduces the need for buyers and lenders to investigate the internal regularity of Church decision‑making, lowering the compliance and legal costs for purchasers and lenders relying on the Act.\n\n**Implementation and legal risks**\n\n- Implementation risks include the need for formal Governor in Council approvals for specified transactions (s4(1)(a), s5, s7), which can delay or block deals and places discretion with the Executive.\n- The extinguishment of pre‑existing trusts on mortgage (s2(2)) is a strong legal effect that can alter the intended long‑term use of gifted or dedicated land — donors must use precise drafting (an \"express trust against alienation\") to preserve alienation limits (s4(1)(b)).\n- The Act reduces prospective purchasers’ and lenders’ inquiry obligations (s6), which simplifies market transactions but also disperses potential oversight of whether funds were spent appropriately.\n\n**Who pays, who decides, and how behaviour changes**\n\n- Who pays: if a mortgagee enforces, the Church’s land (not the office-holder personally, unless expressly agreed) is the principal source of repayment (s2(3)). Donors or beneficiaries may \"pay\" in the sense their intended non‑alienation of land can be overridden by mortgage unless explicitly protected (s4).\n- Who decides: the Bishop (and successors) decides to mortgage, lease, or sell subject to the Act; the Governor in Council must approve certain transactions involving Crown‑granted land (s4, s5, s7); lenders and buyers decide whether to accept the reduced inquiry protections (s6).\n- Behavioural effects: Church authorities are encouraged to use land as collateral and to enter longer leases or building leases; lenders are encouraged to lend against Church land; donors who want to preserve inalienability must use precise, express trust language.\n\n**Statutory cross‑references and archival notes**\n\n- The Act is short and self-contained but is referenced alongside several related Roman Catholic Church property Acts listed in the compilation notes. Those other Acts may alter or interact with its operation in specified jurisdictions or for particular church properties (compilation notes)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available. The webpage containing the Act has been removed from the Western Australian legislation website and no content was retrievable for analysis."},"complexity_factors":["No legislative text was provided — the source URL returned a 'page not found' error","Analysis is impossible without the actual content of the Act","Only the title and a broken webpage placeholder were available for review","Any complexity rating above 1 would be speculative without access to the legislation"],"plain_english_summary":"Likely a Western Australian statute from 1895 governing how Roman Catholic Church land is owned, managed and legally recognised. It would affect the Church, its trustees or officers who hold or transfer property, and anyone dealing with those lands. Its importance lies in clarifying property rights and procedures for church-held real estate in 19th‑century WA."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: empowering the Roman Catholic Bishop to mortgage, lease, and (with approval) sell church lands. The 1916 and 2003 amendments were minor technical updates (section 2 amendment and short title insertion respectively) that did not expand the scope beyond the original intent of facilitating church property management while maintaining Crown oversight of originally granted lands."},"complexity_factors":["Short statute with only 8 operative sections","Minimal defined terms (only 1: 'lands' in section 8)","Simple conditional structure: general powers granted in sections 2-3, limitations in section 4, approval requirements in sections 5 and 7","Some cross-referencing to related legislation in the notes (6 related Acts mentioned), though these don't affect the operative provisions","Victorian-era legislative drafting style with lengthy preamble and formal language, but substance is straightforward","No nested exceptions or complex definitional chains"],"plain_english_summary":"**What this law does:**\n\nThis law gives the Roman Catholic Bishop of Western Australia (and whoever holds that position in the future) special powers to manage church-owned land. Specifically, it lets the Bishop:\n\n- **Borrow money** using church land as security (a **mortgage** — basically using property as collateral for a loan)\n- **Lease out church land** to tenants for up to 21 years (or longer with government approval)\n- **Sell church land** that was originally given by the Crown (the government), but only with approval from the Governor\n\n**Who it affects:**\n\n- The Roman Catholic Bishop of Western Australia and future bishops\n- People who lend money to the church (mortgagees)\n- People who lease or buy church land\n- The Western Australian government (which must approve certain transactions)\n\n**Why it matters:**\n\nBefore this law, church land was held in trust — meaning the Bishop couldn't easily use it as security for loans or sell it. This Act unlocked the value of church property, allowing the church to borrow money for building churches, schools, or other improvements. It strikes a balance between giving the church flexibility and protecting the public interest: land originally granted by the Crown for free can't be mortgaged, leased long-term, or sold without government approval.\n\n**Key protections:**\n- Buyers and lenders are generally protected if they deal with the Bishop in good faith — they don't have to investigate whether the Bishop followed all the internal rules\n- However, any sale, mortgage, or long lease of Crown-granted land is invalid unless the Governor signs off on it"}},"importantCases":[],"_links":{"self":"/api/acts/the-roman-catholic-church-lands-act-1895","history":"/api/acts/the-roman-catholic-church-lands-act-1895/history","analysis":"/api/acts/the-roman-catholic-church-lands-act-1895/analysis","conflicts":"/api/acts/the-roman-catholic-church-lands-act-1895/conflicts","importantCases":"/api/acts/the-roman-catholic-church-lands-act-1895/important-cases","documents":"/api/acts/the-roman-catholic-church-lands-act-1895/documents"}}