Victorian Legislation and Parliamentary Documentsi
Version No. 001
Church of England in Australia (Mount
Shadwell Land) Act 1969
Act No. 7855/1969
Version as at 8 October 1999
TABLE OF PROVISIONS
Section Page
Short title 2
Definitions 2
Provision relating to trusts 2
SCHEDULE 4
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ENDNOTES 5
General Information 5
Table of Amendments 6
Explanatory Details 7
Victorian Legislation and Parliamentary Documents1
Version No. 001
Church of England in Australia (Mount
Shadwell Land) Act 1969
Act No. 7855/1969
Version as at 8 October 1999
An Act to make Provision with respect to Trusts upon which
certain Land at Mount Shadwell in the Parish of Mortlake 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.
Preamble
WHEREAS by virtue of an Indenture of
Conveyance dated the 18th day of September,
1915 a memorial of which is registered in the
Office of the Registrar General No. 287 Book 474
certain land at Mount Shadwell described in the
Schedule to this Act is vested in The Ballarat
Diocesan Trustees upon trust at all times to permit
the said land and any parsonage house erected
thereon to be used by the Minister or Ministers of
the United Church of England and Ireland having
for the time being the spiritual charge of the Parish
of Mortlake at Mount Shadwell as and for a
parsonage house and glebe for such Minister or
Ministers and for no other purpose whatsoever:
AND WHEREAS the United Church of England
and Ireland is now described as the Church of
England in Australia:
AND WHEREAS it has been found that the said
land is not suitable for use as a parsonage house or
glebe because of its nature extent and situation:
AND WHEREAS it is expedient to declare that the
said land shall be deemed to be held by the said
The Ballarat Diocesan Trustees upon and subject
Victorian Legislation and Parliamentary DocumentsAct No. 7855/1969
Church of England in Australia (Mount Shadwell Land) Act
1969
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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 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):
Short title
This Act may be cited as the Church of England
in Australia (Mount Shadwell Land) Act 1969.
Section 1 - Church of England in Australia (Mount Shadwell Land) Act 1969 - Church of England in Australia (Mount Shadwell Land) Act 1969 | Zoe
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;
"trustee" means The Ballarat Diocesan Trustees.
Provision relating to trusts
(1) Notwithstanding anything in any Act or enactment
or in any conveyance assurance or trust
whatsoever—
(a) the trustee shall subject to the exercise of the
powers conferred on the trustee by
paragraph (b) be deemed to hold the lands
described in the Schedule upon trust to
permit the whole or any part of the said lands
to be used for such purposes of the Church of
England in Australia or for such use of any
s. 1
Victorian Legislation and Parliamentary DocumentsAct No. 7855/1969
Church of England in Australia (Mount Shadwell Land) Act
1969
3
institution conducted or controlled by the
said Church or connected therewith or for
such use of any Minister of the said Church
as the Bishop of Ballarat acting under the
advice of the Council of the Diocese of
Ballarat directs; and
(b) the trustee 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 trustee shall apply any proceeds arising from
any mortgage sale lease or other dealing with the
said lands as provided in paragraph (b) of sub-
section (1) for such purposes of the Church of
England in Australia or for such use of any
institution conducted or controlled by the said
Church or connected therewith or for such use of
any Minister of the said Church as the Bishop of
Ballarat acting under the advice of the Council of
the Diocese of Ballarat directs.
s. 3
Victorian Legislation and Parliamentary DocumentsAct No. 7855/1969
Church of England in Australia (Mount Shadwell Land) Act
1969
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SCHEDULE
Land being the land held by The Ballarat Diocesan Trustees for the Diocese
of Ballarat upon trust as a site for a Parsonage House and Glebe for the
Minister or Ministers of the Church of England in Australia at Mount
Shadwell 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.
ALL THAT piece or parcel of land situate in the County of Hampden Parish
of Mortlake at Mount Shadwell being part of Portion Eight of Section Six
and containing Twenty acres or thereabout commencing at the South-East
angle of the said Portion bounded on the South by the Township Reserve
bearing West Ten chains on the West by Portion Seven of the said Parish
bearing North Twenty chains on the North by other part of the said Portion
Eight bearing East Ten chains at right angles to the said Western boundary
and on the East by Portion Nine bearing South Twenty chains to the
commencing point.
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Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 7855/1969
Church of England in Australia (Mount Shadwell Land) Act
1969
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ENDNOTES
General Information
The Church of England in Australia (Mount Shadwell Land) Act 1969
was assented to on 21 October 1969 and came into operation on 21 October
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 7855/1969
Church of England in Australia (Mount Shadwell Land) Act
1969
6
2. Table of Amendments
There are no amendments made to the Church of England in Australia
(Mount Shadwell Land) Act 1969 by Acts and subordinate instruments.
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 7855/1969
Church of England in Australia (Mount Shadwell Land) Act
1969
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3. Explanatory Details
No entries at date of publication.
Endnotes