An Act to validate grants of land made for the benefit of the Church of England, and to authorise and validate the disposal by sale or otherwise of lands granted by the Crown to or for the said Church 2.
1. Short title
This Act may be cited as the Anglican Church of Australia Lands Act 1914 1.
[Section 1 amended: No. 121 of 1976 s. 7.]
2. Validation of grants of land to Church
All grants of land heretofore made or purporting to be made of lands of the Crown to or for the benefit of the Branch of the Church of England in Western Australia 3, or to any person or body in trust or for the purposes of such church, whether such grants were expressed or intended to be made for church sites or for ecclesiastical purposes or otherwise howsoever, are hereby validated and confirmed.
3. Trustees may sell, mortgage or lease lands
Subject to any Statute of the Synod of the Anglican Church of Australia so far as it is in the State 4 and to this Act, The Perth Diocesan Trustees 5 —
(i) may sell any lands granted by the Crown and held in trust for the said Church or for any of the purposes thereof, and transfer or otherwise assure the same to a purchaser freed and absolutely discharged from any trusts to which the said lands may be subject;
(ii) may mortgage such lands to secure moneys lawfully borrowed, and for the purposes of such security assure such lands to the mortgagee and his assigns freed and discharged from any such trusts as aforesaid;
(iii) may, notwithstanding any such trusts, lease any such lands for any term with or without right of renewal and either by way of building lease or otherwise and subject to such covenants, conditions, and agreements as they may think fit.
[Section 3 amended: No. 4 of 1960 s. 5; No. 121 of 1976 s. 7.]
4. Protection of purchasers and others
No purchaser, mortgagee, or lessee of any such lands shall be bound or concerned 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 purchase, mortgage, or other moneys 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, however, to the provisions of the next following section.
5. Approval of Governor in certain cases
(1) No assurance on sale or mortgage or lease for a term exceeding 21 years of lands granted by the Crown without pecuniary consideration therefor shall be valid unless approved by the Governor and countersigned by him as approved.
(2) In the case of a subdivision of any such lands for the purpose of sale, it shall be sufficient compliance with this section if such approval be endorsed on the plan of such subdivision deposited or to be deposited with the Western Australian Land Information Authority established by the Land Information Authority Act 2006 section 5.
[Section 5 amended: No. 34 of 1918 s. 9; No. 81 of 1996 s. 153(2); No. 60 of 2006 s. 124; No. 19 of 2010 s. 51.]
6. Previous sales etc. of land validated
All sales, mortgages, leases, and assurances of any such lands as aforesaid heretofore made or intended to be made in good faith by the said Trustees are hereby validated and confirmed.
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Notes
1 This reprint is a compilation as at 12 June 2015 of the Anglican Church of Australia Lands Act 1914 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
Compilation table
Short title
Number and year
Assent
Commencement
Church of England Lands Act 19146
10 of 1915 (5 Geo. V No. 37)
18 Feb 1915
18 Feb 1915
Church of England Diocesan Trustees and Lands Act 1918 s. 9 and 11
34 of 1918 (9 Geo. V No. 24)
24 Dec 1918
24 Dec 1918
Church of England in Australia Constitution Act 1960 s. 5
4 of 1960 (9 Eliz. II No. 4)
6 Oct 1960
1 Jan 1962 (see s. 2 and Gazette 24 Nov 1961 p. 3223)
Anglican Church of Australia Act 1976 s. 7
121 of 1976
1 Dec 1976
24 Aug 1981 (see s. 2(2) and Gazette 30 Jan 1981 p. 441)
Reprint of the Anglican Church of Australia Lands Act 1914 as at 8 Jan 1988 (includes amendments listed above)
Transfer of Land Amendment Act 1996 s. 153(2)
81 of 1996
14 Nov 1996
14 Nov 1996 (see s. 2(1))
Reprint of the Anglican Church of Australia Lands Act 1914 as at 3 May 2002 (includes amendments listed above)
Land Information Authority Act 2006 s. 124
60 of 2006
16 Nov 2006
1 Jan 2007 (see s. 2 and Gazette 8 Dec 2006 p. 5369)
Standardisation of Formatting Act 2010 s. 51
19 of 2010
28 Jun 2010
11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)
Reprint 3: The Anglican Church of Australia Lands Act 1914 as at 12 Jun 2015 (includes amendments listed above)
2 Under the Anglican Church of Australia Act 1976 s. 7, a reference in a law of the State to “Church of England” or “Church of England in Western Australia” is to be construed as a reference to the “Anglican Church of Australia”, and that construction shall, unless the context otherwise requires, be and be deemed to be a direct amendment to that law. The reference in this provision has not been changed due to its context.
3 Under the Church of England in Australia Constitution Act 1960 s. 5 (now known as the Anglican Church of Australia Constitution Act 1960), a reference to “the Branch of the Church of England in Western Australia” is to be read and construed as if it were a reference to the “Church of England in Australia so far as it is in the State”. Also see note 2. The reference in this provision has not been changed due to its context.
4 Formerly referred to the “Branch of the Church of England in Western Australia”. Also see notes 2 and 3. The reference was changed under the Reprints Act 1984 s. 7(3)(h).
5 Formerly referred to “The Diocesan Trustees of the Church of England in Western Australia”, the name of which was changed to “The Perth Diocesan Trustees” by the Church of England Diocesan Trustees and Lands Act 1918 s. 11 (now known as the Anglican Church of Australia Diocesan Trustees and Lands Act 1918). The reference was changed under the Reprints Act 1984 s. 7(3)(h).
6 Now known as the Anglican Church of Australia Lands Act 1914; short title changed (see note under s. 1).