3 Alteration of trusts upon which land in the Schedule is held and of powers of disposition etc. thereof 2
Schedule 4
Endnotes 5
1 General information 5
2 Table of Amendments 7
3 Amendments Not in Operation 8
4 Explanatory details 9
Version No.002
Church of England (Ballarat East) Land Act 1941
No. 4864 of 1941
Version as at
1 June 2019
An Act to make Provision with respect to Trusts upon which certain Land at Ballarat East is held by The Ballarat Diocesan Trustees and with respect to the Sale or other Disposition of such Land and the Application of the Proceeds thereof, and for other purposes.
WHEREAS by two several indentures of conveyance dated the second day of November One thousand eight hundred and fifty-eight and the eighth day of November One thousand eight hundred and fifty-eight respectively (memorials of which are registered in the office of the Registrar-General Number 270 Book 71 and Number 271 Book 71) the lands mentioned in the said indentures (being the lands at Ballarat East described in the Schedule to this Act) were conveyed unto certain persons named in the said indentures their heirs and assigns for ever upon trust for the erection thereon of a dwelling for the use of a minister of the United Church of England and Ireland:
AND WHEREAS the said Trusts are now vested in The Ballarat Diocesan Trustees by virtue of an indenture of conveyance dated the eleventh day of May One thousand nine hundred and thirty-nine a memorial of which is registered in the office of the Registrar-General Number 769 Book 562:
AND WHEREAS the minister's dwelling erected on the said lands has become unsuited to the needs of the parish of St. Paul's Ballarat East:
AND WHEREAS it is expedient to declare that the said lands shall be deemed to be held by the said The Ballarat Diocesan Trustees upon and subject to the trusts hereinafter provided and with the powers of disposition thereof and dealing therewith hereinafter provided and to make such provision with respect to the application of the proceeds of any sale or other disposition thereof or dealing therewith as is hereinafter provided:
BE IT THEREFORE ENACTED by the King'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 Church of England (Ballarat East) Land Act 1941.
2 Definitions
In this Act unless inconsistent with the context or subject-matter—
Bishop of Ballarat includes the person duly authorized to administer the affairs of the diocese of Ballarat during any vacancy of the See;
Trustees means The Ballarat Diocesan Trustees.
3 Alteration of trusts upon which land in the Schedule is held and of powers of disposition etc. thereof
(1) Notwithstanding anything in any Act or enactment or in any conveyance assurance or trust whatsoever—
(a) from and after the commencement of this Act the trustees shall, subject to the exercise of the powers conferred on the trustees by the next succeeding paragraph, be deemed to hold the lands described in the Schedule to this Act upon trust to permit the whole or any part of the said lands to be used for such purposes of the Church of England or for such use of any minister or officer thereof or of any institution conducted or controlled by the said church or connected therewith as the Bishop of Ballarat acting under the advice of the council of the diocese of Ballarat directs; and
(b) the trustees with the consent of the Bishop of Ballarat acting under the advice of the council of the diocese of Ballarat may mortgage sell lease (whether on building lease or otherwise) or exchange the said lands or any part thereof and may create easements over or reserve roads on the said lands or any part thereof.
(2) The trustees shall apply any proceeds arising from any mortgage sale lease or other dealing with the said lands as provided in paragraph (b) of subsection (1) of this section towards the cost of erecting a minister's dwelling on other land in the parish of St. Paul's Ballarat East and towards such other purposes in connexion therewith as the Bishop of Ballarat acting under the advice of the council of the diocese of Ballarat from time to time directs.
Schedule
Preamble, section 3
Land being the land held by The Ballarat Diocesan Trustees in trust as a site for a minister's dwelling at Ballarat East, with respect to which the trusts are by this Act changed, and which may be mortgaged sold leased or exchanged as by this Act provided.
Fifteen perches and six-tenths of a perch more or less situated in the County of Grant Parish of Ballaarat Allotment Three of Section C "Ballaarat" bounded on the North by a line bearing N. 70° 26´ E. thirty-nine links on the East by Allotment 3A bearing S. 19° 34´ E. two chains fifty links on the South by a road three chains wide bearing S. 70° 26´ W. thirty-nine links and on the West by Allotment 2 bearing N. 19° 34´ W. two chains fifty links being the land sold at Ballarat as Lot Number 5 in pursuance of the Proclamation of the Thirtieth day of October One thousand eight hundred and fifty-seven And also eighteen perches and four-tenths of a perch more or less situated in the County of Grant Parish of Ballaarat Allotment 3A of Section C "Ballaarat" bounded on the North by a line bearing N. 70° 26´ E: forty-six links on the East by Allotment 4 bearing S. 19° 34´ E: two chains fifty links on the South by a road three chains wide bearing N. 70° 26´ W. forty-six links and on the West by Allotment 3 bearing N. 19° 34´ W. two chains fifty links being the land sold at Ballaarat as Lot Number 6 in pursuance of the Proclamation of the Thirtieth day of October One thousand eight hundred and fifty-seven.
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 Church of England (Ballarat East) Land Act 1941 was assented to on 11 December 1941 and came into operation on 11 December 1941.
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
There are no amendments made to the Church of England (Ballarat East) Land Act 1941 by Acts and subordinate instruments.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.