Version incorporating amendments as at
1 June 2019
table of provisions
Section Page
1 Short title 2
2 Council of Defence to transfer to Bendigo Art Gallery Trust 2
3 Trust and condition on which land to be held 2
4 Land on re-entry to revert to Crown 3
5 On proof of re-entry Commissioner may delete folio and make vesting order 4
Schedules 5
First Schedule 5
Second Schedule 6
Endnotes 8
1 General information 8
2 Table of Amendments 10
3 Amendments Not in Operation 11
4 Explanatory details 12
Version No.002
Bendigo Art Gallery Site Act 1891
No. 1227 of 1891
Version incorporating amendments as at
1 June 2019
An Act to authorize the Council of Defence to transfer certain Land to the Trustees of the Bendigo Art Gallery.
Preamble
WHEREAS the land described in the First Schedule to this Act was together with other land in accordance with the provisions of section fourteen of The Discipline Act 1883 duly conveyed to and vested in the Council of Defence of the colony of Victoria by a certificate of title dated 28th July, 1884, registered in the register-book of the Office of Titles vol. 1599 fol. 319751 in the names of The Hon. F. T. Sargood, Alan Broderick Thomas, Thomas Robert Disney, Robert Fullarton, George Napier Turner, and John Montgomery Templeton by the said Act created the Council of Defence:
AND WHEREAS the said Council has ever since been and still is the registered proprietor of the land comprised in the said certificate of title free from encumbrances:
AND WHEREAS it has been found that the piece of land specified in the said schedule is not and will not be wanted for the purposes of the Council of Defence and it is expedient that it should be appropriated to other purposes:
AND WHEREAS it is expedient that the land comprised in the said First Schedule be discharged from all trusts now subsisting in favour of the Council of Defence and that such land be made to vest in the trustees of the Trust registered under Part III of the Trusts Act 1890 and known as Bendigo Art Gallery Trust to be maintained and used by the said Trust as a site for an Art Gallery freed from the control of the Council of Defence but subject as hereinafter declared:
AND WHEREAS the objects of this Act cannot be effected without the authority of Parliament:
BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1 Short title
This Act may be cited as the Bendigo Art Gallery Site Act 1891.
S. 2 amended by No. 18/1989 s. 13(Sch. 2 item 8(a)).
2 Council of Defence to transfer to Bendigo Art Gallery Trust
The Council of Defence is hereby authorized and directed to transfer to the registered trustees for the time being of the said Bendigo Art Gallery Trust the land specified in the First Schedule to this Act such transfer to be expressed to be made in consideration and pursuance of and subject to the provisions of this Act, and the Registrar of Titles is hereby authorized and directed to register such transfer in the manner prescribed by the Transfer of Land Act 1958 for registration of transfers and thereupon to create a folio of the Register in which the trustees for the time being of the said Trust are recorded as registered proprietors of the said land.
3 Trust and condition on which land to be held
From and after the registration of the transfer mentioned in the last preceding section of the Act the land comprised in the First Schedule to this Act shall be freed and discharged from all trusts estate interest right title claim and demand of the Council of Defence and from all trusts subsisting in favour of the said Council; and such land subject to the reservations and exceptions set forth in the Second Schedule to this Act and such other reservations conditions and exceptions (if any) as the Governor in Council may previously to the issue of a certificate of title under the last preceding section direct to be set forth in such certificate shall vest in the trustees or trustee for the time being of the Bendigo Art Gallery Trust and together with the muniments of title therefor shall be held by such trustees or trustee upon and subject to the trust and with the restricted power to mortgage set forth in the said schedule and subject also to the condition of re-entry by Her Majesty her heirs and successors set forth in the said schedule.
4 Land on re-entry to revert to Crown
In the event of re-entry being made upon the said land by or on behalf of Her Majesty her heirs or successors under the condition of re-entry set forth in the Second Schedule to this Act, the said land shall thereupon be deemed to be held by the then registered proprietors thereof in trust for Her Majesty her heirs and successors as Crown land subject to be dealt with under any Act for the time being in force relating to the sale leasing or occupation of Crown lands free and discharged from all powers and privileges then subsisting in favour of the said Bendigo Art Gallery Trust under this Act, but subject and without prejudice to any duly authorized encumbrance then subsisting affecting the said land and hereditaments or any portion thereof.
S. 5 amended by No. 18/1989 s. 13(Sch. 2 item 8(b)).
5 On proof of re-entry Commissioner may delete folio and make vesting order
Upon application being made for that purpose to the Registrar of Titles by the Board of Land and Works on behalf of Her Majesty her heirs or successors and upon proof being made to the satisfaction of the Commissioner of Titles of re‑entry having been duly made under and in accordance with the condition of re-entry in the Second Schedule to this Act, the Commissioner may make an order for the deletion of the folio of the Register in which the trustees of the Bendigo Art Gallery Trust are recorded as registered proprietors in accordance with this Act and for vesting the land included in that folio in Her Majesty Her heirs and successors subject only to any duly authorized subsisting encumbrances; and the Registrar of Titles must make any recordings in the Register that are necessary to give effect to the order and may call in any relevant certificate of title; and from and after the deletion of the folio from the Register by the Registrar of Titles the land comprised in that folio shall be free and discharged from all trusts subsisting in favour of the Bendigo Art Gallery Trust.
Schedules
First Schedule
Sections 2, 3.
Description of land to be transferred by the Council of Defence and vested in trustees upon Trust for the Bendigo Art Gallery.
One rood nine and a half perches, county of Bendigo, parish of Sandhurst, city of Bendigo, being allotment 6 and part of allotment 5, section 89C:
Commencing at the south angle of said allotment 6; bounded thence by Park-lane bearing N. 36º 42*'* E. two hundred and fifty links; thence by lines bearing respectively N. 53º 18*'* W. one hundred and twenty-three and ninety-two hundredths links, S. 37º 36*'* 10*"* W. ninety-eight and nine-tenths links,
S. 32º 59*'* 15*"* W. fifty-seven and six-tenths links, and
S. 37º 49*'* 20*"* W. ninety-three and fifty-two hundredths links; and thence by View-street bearing S. 53º 18*'* E. one hundred and seventy-three and sixty-seven hundredths links to the commencing point.
Second Schedule
Sections 3, 4, 5.
Reservation and Exception, Trust, Condition, and Power to mortgage subject to which the land described in the First Schedule is transferred to and vested in the trustees of the Bendigo Art Gallery Trust.
*Reservation and Exception—*A reservation and exception unto Her Majesty Queen Victoria her heirs and successors of all gold silver and coal with full and free liberty and power to search and dig for win work and take away the same, and with the right of full and free ingress egress and regress into out of and upon the land comprised in the First Schedule to this Act for such purposes. And also a reservation and exception of the use of all such parts (if any) of the said land as shall be at any time required for making railways canals water-courses reservoirs drains or sewers over in upon or through the same with full and free liberty of ingress egress and regress into out of and upon the said land for such purposes. And also a reservation and exception unto Her Majesty's subjects and people in the said colony of the public use of all such parts (if any) of the said land as shall from time to time be proclaimed as or otherwise become a public highway or thoroughfare.
Trust—A trust that the said land and buildings for the time being thereon shall be at all times hereafter so long as the same shall continue vested in the said trustees or trustee maintained and used as and for an art gallery and offices and conveniences connected therewith (including exhibitions of art productions and also including instruction in drawing and painting) and for no other purpose whatsoever under and in accordance with such regulations as shall from time to time be made or approved of by the Governor in Council, and in the meantime under and in accordance with such rules as shall from time to time be made by the members of the Bendigo Art Gallery Trust and which shall not be inconsistent with the purposes of the said Trust and the reservations exceptions trusts covenants and conditions set forth in this schedule.
*Condition—*A condition that if the Bendigo Art Gallery Trust shall be dissolved or by any means become extinct and be no longer existent or if the trustees thereof shall without the consent of the Governor in Council permit or suffer the said land and premises or any part thereof to be used for or applied to any other than the purposes of the above-mentioned Trust or permit or suffer the buildings thereon to become out of proper substantial tenantable repair and condition or shall without a like consent alienate or attempt to alienate in fee simple or for any less estate or interest the said land and buildings or any part thereof save and except under and in pursuance of some law hereafter in force within the said colony of Victoria or shall do or suffer anything whereby the relaty of the Bendigo Art Gallery Trust would become liable to be seized or sold under any legal process to satisfy any debt or liability of the said Trust, it shall be lawful for Her Majesty her heirs and successors by any person or persons duly authorized in that behalf by the Governor in Council to re-enter upon the said land or any part thereof in the name of the whole and thereafter hold possess and enjoy the same as fully and effectually to all intents and purposes as if the same had never been alienated from the Crown.
Power—Power from time to time with the approval of the Governor in Council to borrow money by way of mortgage without power of sale on the said land and premises, any money so borrowed to be applied for the purposes or requirements of the Bendigo Art Gallery Trust and for no
other. Provided always that no money shall be so borrowed except with the consent first obtained of a majority of the members of the Bendigo Art Gallery Trust who shall be present at a meeting convened by notice advertised at least once in each of four consecutive weeks in a newspaper published or circulating in the city of Bendigo, such notice to specify the business to be transacted at the meeting and fix a time and place for the holding of such meeting, such time not being less than one month from the date of the first of such advertisements.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Bendigo Art Gallery Site Act 1891 was assented to on 22 December 1891 and came into operation on 22 December 1891.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Bendigo Art Gallery Site Act 1891 by Acts and subordinate instruments.