Church of England Lands Act 1914

The Act is short and revolves around a few tightly defined legal concepts found in its operative sections and explanatory notes. These concepts are (a) validation of past Crown grants, (b) trustees’ transactional powers over trust land, (c) discharge of trusts on assurance, (d) protection of third-party acquirers against inquiry and notice, (e) a gubernatorial approval requirement for specified dispositions of gratuitously granted Crown land, and (f) retrospective validation of previous trustee dealings.

Validation of grants (s 2). Section 2 validates "all grants of land heretofore made or purporting to be made" by the Crown to or for the benefit of the Branch of the Church of England in Western Australia or to any person or body in trust for church purposes. The validation language is broad: it encompasses grants "whether such grants were expressed or intended to be made for church sites or for ecclesiastical purposes or otherwise howsoever." The statutory verb "validated and confirmed" cures defects or doubts about the legal validity of historic grants.

Trustee powers (s 3). Section 3 empowers The Perth Diocesan Trustees to sell, mortgage and lease Crown-granted land held in trust for the church. Key textual features are the power to assure the lands to purchasers or mortgagees "freed and absolutely discharged from any trusts" (s 3(i)-(ii)), the ability to create leases for any term (including building leases) with or without renewal provisions and subject to covenants as the trustees think fit (s 3(iii)), and the qualifier that trustees’ powers are "subject to any Statute of the Synod of the Anglican Church of Australia so far as it is in the State and to this Act" (s 3). The statutory power therefore co-exists with internal church law (Statutes of the Synod).

Discharge of trusts on assurance. The Act replaces the usual friction of trust law in third-party dealings by allowing trustees to assure land so that a purchaser or mortgagee receives title freed of prior trust obligations (s 3(i)-(ii)). This is a mechanical effect on proprietary title: assurances executed under s 3 transfer interests unencumbered by the prior trust.

Protection of purchasers and non-inquiry rule (s 4). Section 4 relieves purchasers, mortgagees and lessees from an obligation to enquire into the trustees’ internal decision-making or into the application of purchase or mortgage monies; they are "not bound or concerned to inquire" and are not affected by notices of irregularity, subject to s 5. This creates transactional certainty for market actors dealing with the trustees.

Governor approval for gratuitous Crown grants (s 5). Section 5(1) imposes a validity condition: an assurance on sale, mortgage or a lease exceeding 21 years of land originally granted by the Crown "without pecuniary consideration therefor" is not valid unless the Governor has approved and countersigned the assurance. Section 5(2) provides that, where a subdivision is involved, endorsement of the gubernatorial approval on the deposited subdivision plan at the Western Australian Land Information Authority (established by the Land Information Authority Act 2006 s 5) is sufficient compliance. These provisions impose an administrative check by the executive for long-term or permanent dealings in gratuitously granted Crown land.

Validation of prior trustee dispositions (s 6). Section 6 validates prior sales, mortgages, leases and assurances "heretofore made or intended to be made in good faith by the said Trustees," confirming earlier dispositions against challenge, provided they were in good faith.

Interpretive and textual aids. The notes and compilation table at the end of the reprint record name changes, construction references and the Acts that have amended specific sections (see compilation table and notes 1-6). For example, references to "Church of England" are to be read as references to "Anglican Church of Australia" under the Anglican Church of Australia Act 1976 s 7 (note 2), and the trustees’ name change to "The Perth Diocesan Trustees" is recorded in note 5. Legislative amendments affecting s 5 (including how approval can be endorsed on deposited plans) are listed in the compilation table.

The Act establishes clear primary and secondary affected parties by naming actors and describing legal effects. The primary actors are The Perth Diocesan Trustees and the Anglican Church of Australia (as the legal successor to the Church of England in Western Australia for statutory construction). Secondary actors are purchasers, mortgagees, lessees and, in the case of subdivision compliance, the Western Australian Land Information Authority. Each group faces different legal positions, rights and duties created by the text.

The Perth Diocesan Trustees (s 3). The Act confers on the trustees express statutory powers to convert, encumber and lease church land that was granted by the Crown and held in trust for church purposes. The trustees are the decision-makers authorised to execute transfers, mortgages and leases and to assure land to third parties "freed and absolutely discharged from any trusts" (s 3(i)-(iii)). Those powers are the central mechanism of change: they enable the trustees to manage property as freely alienable or encumberable by market mechanisms, subject to limits in the Statutes of Synod and the Governor‑approval rule.

Anglican Church of Australia and internal church organs. The Act’s language validates grants to "the Branch of the Church of England in Western Australia," but the reprint notes instruct construction so the statutory references are read as the Anglican Church of Australia within the State (notes 2 and 3). The trustees’ authority is "subject to any Statute of the Synod of the Anglican Church of Australia so far as it is in the State" (s 3). This means internal church law and governance structures can limit the trustees’ exercise of their powers; church authorities and members engaged in governance are affected because internal statutes may constrain disposals or require internal approvals.

Purchasers, mortgagees and lessees (s 3-5). The Act materially affects market actors who buy or take security over church land. A purchaser or mortgagee properly assured under s 3 receives title freed from prior trusts; s 4 shields them from the need to investigate trustee acts or the application of proceeds. That reduces their transactional burden and risk. However, where the land was originally a gratuitous Crown grant (i.e. "without pecuniary consideration"), the Act imposes a validity condition for sales, mortgages or long leases exceeding 21 years: Governor approval and countersignature are required (s 5(1)). For subdivisions, endorsement on the deposited plan with the Land Information Authority is sufficient (s 5(2)). Practitioners dealing with trustees must therefore ensure that gubernatorial approval requirements have been satisfied for such transactions.

Western Australian Land Information Authority (s 5(2)). For subdivisions of gratuitously granted Crown land, the Act contemplates practical administrative interaction with the Land Information Authority (now established under the Land Information Authority Act 2006 s 5). Approval may be endorsed on a subdivision plan deposited with that Authority, and that endorsement constitutes sufficient compliance with s 5, creating an administrative interface that surveyors, conveyancers and land title professionals must use.

Beneficiaries of church trusts. While the Act does not directly name beneficiaries, the legal effect of assurances freed from trusts means beneficiaries of the original trust arrangements are affected: their equitable rights in trust land can be extinguished as against new purchasers or mortgagees receiving assurances under s 3. Section 6 further affects beneficiaries by validating past sales, mortgages and leases done "in good faith" by trustees, potentially closing avenues of challenge to prior trustee conduct.

The Governor. The Governor is invested with an approval and countersignature role for certain dispositions (s 5(1)). This creates a point of executive decision-making that affects whether a specified proposed assurance will be valid.

Actors not explicitly in the text but implicated by mechanics include diocesan lawyers, conveyancers, mortgagees’ counsel, surveyors preparing subdivision plans, and land registry officials who receive plans and documents , they will need to check for Governor approvals, endorsements on deposited plans, and the trustees’ statutory authority when preparing and lodging instruments.

The Act assigns rights and a limited set of duties to a small set of actors. The statutory text is largely permissive for the trustees and protective for third parties; duties are chiefly procedural or derived from external instruments such as Statutes of the Synod or gubernatorial approval processes.

Trustees’ rights and limits (s 3). The Perth Diocesan Trustees have statutory rights to:

• Sell Crown-granted lands held in trust for the church and to assure them to purchasers freed from any trusts (s 3(i)).
• Mortgage such lands to secure lawfully borrowed monies and to assure the land to the mortgagee and assigns freed from trusts (s 3(ii)).
• Lease lands for any term, including long-term building leases, with or without renewal options and subject to covenants and conditions as the trustees determine (s 3(iii)).

These are rights, not duties: the Act authorises but does not require the trustees to take any of these actions. The trustees’ exercise of power is expressly subject to the Statute of the Synod "so far as it is in the State" and to the Act itself (s 3). Practically, that means internal church regulations may impose duties (such as approval processes or restrictions) that constrain trustees, though the Act does not catalogue those duties.

Duties implicit in Governor-approval provisions (s 5). A statutory duty of compliance is embedded in s 5(1): an assurance on sale, mortgage or a lease for a term exceeding 21 years of lands granted by the Crown without pecuniary consideration is invalid unless approved by the Governor and countersigned. The effect is that trustees must obtain the Governor’s approval and countersignature in such cases if they want the assurance to be valid. Section 5(2) supplies a compliance mechanism for subdivisions: placing the Governor’s approval on the deposited plan at the Western Australian Land Information Authority suffices. The Act implies a duty on trustees (or their conveyancers) to obtain and record the approval when the statutory condition applies.

Third-party protections and corresponding limits (s 4). Purchasers, mortgagees and lessees enjoy a statutory right not to be required to inquire into the regularity, necessity or propriety of sales, mortgages or leases by the trustees: they "shall be bound or concerned to inquire" is negated by s 4. They are also protected from being affected by notices that such acts are irregular or improper, except where s 5 imposes a separate validity requirement. Those protections reduce third-party due-diligence duties and assign the compliance burden primarily to the trustees and to the person arranging the transaction to secure any necessary gubernatorial approval.

Validation duty for past actions (s 6). Section 6 does not create a new duty so much as it confirms past conduct: all sales, mortgages, leases and assurances previously made "in good faith" by the trustees are validated and confirmed. That supplies legal certainty and removes, for those past acts, a duty to re-examine validity by private third parties or beneficiaries,provided the "good faith" standard is satisfied, though the statute does not specify how that standard is adjudicated.

Recording and deposition duties. While the Act itself does not prescribe registry procedures beyond the subdivision plan endorsement in s 5(2), the linkage to the Land Information Authority suggests implicated duties to deposit plans and endorsed approvals in the official land records to achieve compliance and ensure market participants can rely on approvals.

No express fiduciary enforcement machinery. The Act does not create a statutory cause of action for beneficiaries to enforce internal duties of trustees, nor does it provide an administrative appeals mechanism against a Governor’s approval decision. The Act’s operative mechanics vest decision-making power in trustees and the Governor, and vest title in purchasers/mortgagees under the conditions stated. Any remaining duties (for example, usual fiduciary duties under trust law) are not dealt with in this text and would exist, if at all, outside the Act or as constrained by the Statutes of the Synod.

The Act contains no express criminal penalties, civil penalties, or enforcement scheme in its four operative sections. Enforcement and invalidity consequences are embedded in the validity provisions themselves rather than in a penalty regime.

Invalidity as a sanction (s 5). The primary enforcement mechanism in the Act is invalidity. Section 5(1) makes an assurance on sale, mortgage or a lease for a term exceeding 21 years of land granted by the Crown without pecuniary consideration invalid unless approved and countersigned by the Governor. The consequence of failing to comply with s 5(1) is that the assurance lacks legal validity. The text does not specify remedial steps, penalties, or consequences for actions taken in breach beyond the bare statutory invalidity. Practitioners must therefore treat invalidity (title failure, unenforceability of mortgage, or void lease) as the operative risk.

No offences, fines or regulatory sanctions. The Act does not create an offence provision, impose fines, or authorise administrative sanctions against trustees, purchasers, or other parties for non-compliance. There is no statutory enforcement body designated to supervise trustees under this Act. Instead, the Act remedies past doubt through validation provisions (s 2 and s 6), and it conditions the validity of future dispositions through the Governor's approval requirement (s 5) and third-party non‑inquiry protections (s 4).

Reliance and recording. The Act’s protection for purchasers, mortgagees and lessees (s 4) operates as a statutory defence against equitable claims founded on notice, but it does not, in the text, create a private cause of action for damages. Similarly, the sufficiency of endorsement on a subdivision plan deposited with the Land Information Authority (s 5(2)) functions as a registry-compliance route; the Act does not provide an enforcement mechanism to compel deposition or specific registry action.

Practical enforcement pathways outside the Act. Because the Act lacks an enforcement regime, practical remediation or enforcement of trustee misconduct or disputes about the validity of an assurance will fall into general legal remedies outside this instrument: claims under general trust law, equity, contract or property law; challenges to the validity of documents lodged in the land registry; or judicial review of executive decisions (for example, a decision of the Governor) where public law grounds arise. None of those pathways are created or modified by the Act’s text: the Act simply supplies statutory validation and conditions affecting title and proprietary enforceability.

Validation as pre-emptive remedy (s 2 and s 6). The validation provisions are themselves preventive enforcement tools that reduce litigation risk by confirming historical grants (s 2) and past trustee dispositions made "in good faith" (s 6). Those provisions lessen the pool of potential challenges by making political or administrative objections less effective, though how courts interpret "good faith" for validated prior dealings would remain a matter for adjudication if litigation were brought.

The Act expressly interacts with ecclesiastical statutes, Crown grant history, and a number of later and earlier State statutes recorded in the compilation table and notes. The reprint notes supply the principal cross-references and interpretive directions that modify or inform how the 1914 Act operates today.

Statutes of the Synod. Section 3 places the trustees’ powers "subject to any Statute of the Synod of the Anglican Church of Australia so far as it is in the State." This creates an internal legal interface: internal church law (Statutes of the Synod) may limit, condition or prescribe the exercise of powers by the diocesan trustees. The Act does not circumscribe which Synod Statutes are applicable; the phrase "so far as it is in the State" is a construction rule recorded in note 3 and reflects the relationship created by the Church of England in Australia Constitution Act 1960 (see notes). Practitioners must therefore check those internal ecclesiastical statutes to determine procedural or substantive constraints on disposal powers.

Land registration and subdivision law. Section 5(2) expressly permits compliance with the Governor‑approval requirement for subdivisions by endorsing the Governor’s approval on a subdivision plan deposited with the Western Australian Land Information Authority (the Authority is identified in the Act via reference to the Land Information Authority Act 2006 s 5). The Transfer of Land Amendment Act 1996 s 153(2), the Land Information Authority Act 2006 s 124, and the Standardisation of Formatting Act 2010 s 51 are recorded in the compilation table as having amended or affected the Act; those amendments altered references to the land registry and administrative procedures over time. Practitioners dealing with subdivided land must therefore comply not just with this Act but also with the practices and deposit rules of the WA land registry regime and the Land Information Authority.

Construction of "Church of England" references. The compilation notes record that under the Anglican Church of Australia Act 1976 s 7, references to "Church of England" in state law are to be construed as references to the "Anglican Church of Australia" (note 2). The Church of England in Australia Constitution Act 1960 s 5 is also relevant to how references to the "Branch of the Church of England in Western Australia" are read for the purpose of the Act (note 3). These construction rules mean that modern statutory interpretation of the 1914 Act must apply contemporary institutional names and constitutional arrangements for the church.

Historic Acts and name changes. The compilation table shows the Act’s original short title, subsequent amendments in 1918, 1960, 1976, 1996, 2006 and 2010, and multiple reprints. For example, the Church of England Diocesan Trustees and Lands Act 1918 s 9 and 11 changed trustee naming; the 1960 and 1976 Acts changed constitutional and constructional references; and the Transfer of Land Amendment Act 1996 and Land Information Authority Act 2006 altered references to land administration. These amendments affect how the 1914 Act is read today, particularly regarding administrative compliance routes (s 5(2)) and nomenclature.

Interaction with trust and property law outside the Act. The Act’s effects on trust and proprietary rights (discharge of trusts on assurance and validation of past grants) will interact with general trust law principles, the Torrens title legislation regime and ordinary conveyancing practice. While the Act directly alters proprietary outcomes for Crown grants to the church, questions of good faith, fiduciary obligations, the effect of past breaches and remedies may still invoke general legal doctrines that the Act does not itself address.

No express pre-emption of other statutes. The Act contains no express supremacy clause displacing other State laws; instead, it operates alongside them. The practical interfaces are therefore derived from the text (for example, statutory subjectivity to Statutes of the Synod, endorsement on deposited plans under the Land Information Authority framework) and from the compilation table which records how later statutes have amended particular references.

The reprint material in the provided text includes a compilation table and notes that catalogue amendments, reprints and commencement dates relevant to the Act up to the reprint as at 12 June 2015. The compilation table identifies the original enactment and subsequent amending Acts with dates of assent and commencement where recorded.

Original enactment and early amendments. The Act was originally enacted as the Church of England Lands Act 1914 (10 of 1915, recorded as 5 Geo. V No. 37), assented on 18 February 1915 and commenced the same day (compilation table). Amendments were made by the Church of England Diocesan Trustees and Lands Act 1918 (34 of 1918), which includes s 9 and 11 and was assented to on 24 December 1918, commencing 24 December 1918.

Mid-late 20th century amendments affecting constitutional construction. The Church of England in Australia Constitution Act 1960 (4 of 1960, s 5) effected a constructional change to references to the "Branch of the Church of England in Western Australia," which must be read as "the Church of England in Australia so far as it is in the State" (note 3). The compilation table records that the 1960 Act commenced on 1 January 1962 (see s 2 and Government Gazette 24 Nov 1961 p. 3223). The Anglican Church of Australia Act 1976 (121 of 1976, s 7) changed construction of references from "Church of England" to "Anglican Church of Australia" in state laws, with the provision commencing 24 August 1981 (note 2 and compilation table).

Later technical amendments and reprints. The Transfer of Land Amendment Act 1996 s 153(2) is recorded as an amendment with assent on 14 November 1996, commencing the same day (compilation table). The Land Information Authority Act 2006 s 124 (assent 16 November 2006) commenced 1 January 2007 and the Standardisation of Formatting Act 2010 s 51 (assent 28 June 2010) commenced 11 September 2010. These later amendments changed statutory references and administrative mechanics, particularly in relation to registration and the Land Information Authority (see s 5(2) as amended).

Reprints. The Act was reprinted at least three times as recorded: a reprint as at 8 January 1988 (including earlier amendments), a reprint as at 3 May 2002 (including amendments up to that date), and Reprint 3 as at 12 June 2015 (which includes all amendments listed in the table). The notes indicate the Act has been recompiled and reissued under the Reprints Act 1984.

Textual and nomenclature changes recorded in notes. The notes to the reprint explain constructional changes and name changes: the short title is now Anglican Church of Australia Lands Act 1914 (note 6); references to the Church of England are to be construed as the Anglican Church of Australia (note 2); references to the "Branch of the Church of England in Western Australia" are to be read as the "Church of England in Australia so far as it is in the State" (note 3); references to the trustees reflect the change in name to The Perth Diocesan Trustees effected by the 1918 Act (note 5); and some textual changes were made under the Reprints Act 1984 (note 4).

Effective dates and retrospective operation. The table records commencement dates for each amending instrument. The Act’s own validation provisions operate "heretofore" to validate past grants and validate past sales etc "heretofore made or intended to be made in good faith" (ss 2 and 6). Those retrospective validations are textual; the compilation table does not record separate commencement qualifications for ss 2 or 6, but the original Act commenced in 1915. The table does not record any subsequent reversals of the retrospective effect.

Practical effect of amendments on modern administration. The most operationally relevant amendments for present-day practice are those that alter how gubernatorial approval can be evidenced (s 5(2)) and the change in institutional names and construction rules (notes 2-5), which affect who exercises internal governance and how external actors should identify the trustees and church body. The compilation table provides the statutory provenance for those alterations and the dates they became operative.

The text supplied contains no cases, reported judicial decisions or litigation record relating to the Anglican Church of Australia Lands Act 1914. The Act itself does not list any judicial decisions. The compilation table records enactments and amendments but does not reference any litigation or judicial interpretation. Accordingly, no litigation history is recorded in the material provided.

Implications of the absence of recorded litigation in the Act text. The lack of cases or reported judicial interpretation in the reprint and notes does not mean that the Act has never been the subject of litigation; it means the supplied legislative text and compilation notes do not record such litigation or its outcomes. Where the Act creates doctrinal questions,such as the scope of the "good faith" standard in s 6, the interplay between trustees’ statutory powers and the Statute of the Synod (s 3), or the legal consequences of failing to obtain gubernatorial approval under s 5,those issues would be resolved by courts applying general principles of trust, property and administrative law. The Act does not itself provide guidance on how courts should resolve such disputes.

Potential litigation points that would likely arise if disputes were litigated. Based solely on the wording of the Act, litigation might (outside the provided text) raise issues such as:

• The meaning and proof of "good faith" for the purposes of s 6 and whether validation covers acts that would otherwise be voidable for fraud or breach of trust.
• The scope of "freed and absolutely discharged from any trusts" in s 3 and whether equitable interests can be asserted against purchasers who receive assurances under the section.
• The legal consequences of failing to secure the Governor’s approval under s 5(1) (for instance, whether the transaction is void or voidable) and whether any remedial doctrines (e.g., estoppel, later ratification) might apply.
• The interpretive boundary between the trustees’ statutory powers and Statutes of the Synod that purportedly restrict or condition trustee powers (s 3).
• Procedural adequacy of endorsements on deposited subdivision plans under s 5(2) and how land registries and conveyancers should treat such endorsements.

Because none of these issues are adjudicated within the provided text, readers must treat them as potential litigation areas that would be resolved by courts on the basis of general legal principles and the statutory language in the Act.

The Act is compact but contains several technical phrases and procedural hooks that can create traps for practitioners who do not read the text and compilation notes closely.

"Without pecuniary consideration" limits (s 5). Section 5(1) conditions validity on gubernatorial approval for "lands granted by the Crown without pecuniary consideration therefor." The phrase targets gratuitous Crown grants. The practical gotcha is that a failure to establish whether a particular grant was made "without pecuniary consideration" may expose a transaction to invalidity or uncertainty. Practitioners must check the original Crown grant instrument and title history. If the grant included a purchase price or other consideration at the time of grant, s 5(1) may not apply; if it was a free grant, s 5(1) does apply and approval must be obtained and properly countersigned or endorsed on the deposited plan (s 5(2)).

Governor’s approval is a validity condition, not merely a procedural nicety (s 5(1)). The Act states the assurance "shall be valid" only if approved and countersigned by the Governor. That wording suggests consequences of invalidity if the approval condition is omitted. The statutory consequences are not further elaborated in the Act; practitioners should treat non‑compliance as a title risk rather than merely an administrative oversight.

Endorsement on deposited subdivision plan suffices (s 5(2)), but deposition mechanics matter. For subdivisions, s 5(2) allows compliance by endorsing approval on the plan deposited with the Land Information Authority. The gotcha is practical: the endorsement must actually be on the deposited plan and the plan must be correctly deposited. Errors in depositing, failure to obtain the Authority’s acceptance, or endorsing on draft plans rather than the deposited plan may mean the statutory compliance route has not been satisfied.

"Freed and absolutely discharged from any trusts" (s 3). The Act authorises trustees to transfer or assure lands to purchasers "freed and absolutely discharged from any trusts to which the said lands may be subject." That provision can extinguish equitable interests as against new purchasers and mortgagees, but the gotcha is context: practitioners should confirm that the trustees who execute such assurances have the requisite internal authority (Statutes of the Synod) and that the assurances comply with any existing procedures. A later claim that the trustee lacked internal authority could lead to litigation despite the statutory discharge wording, although s 6 validates past transactions "in good faith."

Subject to Statute of the Synod (s 3). The trustees’ power is expressly limited by Statutes of the Synod "so far as it is in the State." The gotcha is that, without inspecting the Synod Statutes, a lawyer may assume trustees have unfettered power under s 3. In reality, internal church law may require consents, approvals or procedural steps before trustees can validly assure land.

Validation of past acts "in good faith" (s 6). Section 6 validates past sales, mortgages, leases and assurances made or intended to be made "in good faith" by the trustees. The phrase "in good faith" is not defined in the Act and may be susceptible to varying judicial interpretations if contested. The gotcha here is evidentiary: parties relying on the s 6 validation may need to demonstrate the good faith standard, and adversaries may try to argue the absence of good faith.

No express enforcement or appeal mechanisms. The Act lacks penalty provisions and does not create administrative appeal routes for Governor decisions. Practitioners should not assume that a failure to obtain approval can be cured administratively; the only stated consequence within the Act is invalidity. The practical implication is that disputes about approvals, or the refusal to approve, will be resolved outside the statutory text via general legal processes.

Name and construction changes in notes. The reprint notes change how statutory references are to be read (for example, reading "Church of England" as "Anglican Church of Australia" under later Acts) and rename the trustees as The Perth Diocesan Trustees. The gotcha is failing to use modern institutional names and construction when referencing or drafting instruments, which may cause confusion with contemporaneous land registry or ecclesiastical documents.

Registry practice and documentary evidence. The Act’s protections for purchasers (s 4) are strong but are likely relied upon in practice only if conveyancers and registries can see evidence of the trustees’ power and any required gubernatorial approvals. The practical trap is failing to ensure the land record contains the Governor’s countersignature or endorsement where s 5 requires it , third parties may be unable to rely on s 4 protection if the necessary approvals are absent or not properly recorded.

Limitations on scope: original grants only. Section 2 validates "grants of land heretofore made or purporting to be made" by the Crown to church entities. The gotcha is that the Act applies to Crown grants, not necessarily to all land the church holds by acquisition from private parties, unless those titles derive from Crown grants validated by s 2. Practitioners must check the title history to determine whether the land falls within the Act’s validation and power provisions.

Compliance under the Act is primarily procedural and documentary: the parties who must take specific steps are the trustees, conveyancers, mortgagees and surveyors preparing subdivision plans. The list below sets out a practical, text‑grounded checklist for typical transactions involving church land that is Crown-granted or purports to be Crown-granted.

1. Confirm the nature of the grant and title history (s 2, s 5(1)). Establish whether the land was originally granted by the Crown and whether the grant was made "without pecuniary consideration." Check the original Crown grant instrument, historical title documents and any memorials on the title. If the grant was gratuitous, s 5(1) will be engaged for sales, mortgages or leases exceeding 21 years.

2. Examine Statutes of the Synod and internal church rules (s 3). Because the trustees’ powers are "subject to any Statute of the Synod of the Anglican Church of Australia so far as it is in the State," confirm whether any Synod Statute imposes preconditions to sale, mortgage or lease (for example, diocesan approvals, consents of synodical bodies, notice requirements, or procedural votes). Obtain and document any required internal approvals before moving to execute assurances.

3. Obtain Governor approval and countersignature where required (s 5(1)). For sales, mortgages or leases of gratuitously granted Crown land where the lease term exceeds 21 years (or where the transaction is a sale or mortgage), secure written approval from the Governor and ensure it is countersigned as approved. Absent the Governor’s approval and countersignature, the assurance will be invalid under s 5(1).

4. For subdivisions, endorse approval on the deposited plan (s 5(2)). If the transaction involves subdivision of the land, the Act permits endorsements of gubernatorial approval on the deposited subdivision plan at the Western Australian Land Information Authority to suffice as compliance. Make sure the endorsement appears on the plan deposited and that the deposit is properly accepted by the Authority. Coordinate with registered surveyors and the Authority on deposit procedures.

5. Prepare assurances to discharge trusts (s 3(i)-(ii)). When executing transfers, mortgages or leases under s 3, include the necessary assurances in the conveyancing documentation that the land is being transferred or assured "freed and absolutely discharged from any trusts." Ensure instruments are drafted consistent with the statutory form and reflect any internal Synod procedural compliance.

6. Record and lodge documents with relevant land authorities. Even though s 4 protects purchasers from inquiry, in practice conveyancers should lodge properly executed and approved instruments and any Governor approvals or endorsed plans with the relevant land registry/Authority to ensure market reliance and clear title. Ensure that registry requirements and the Authority’s deposition rules (as provided under the Land Information Authority Act 2006 and Transfer of Land legislation) are satisfied.

7. Maintain evidence of good faith for prior validated transactions (s 6). If relying on s 6 to validate older transactions, retain documentary evidence showing the trustees acted "in good faith" when the transaction was made. Although the Act validates prior dispositions, documentary evidence will be necessary if title is challenged.

8. Advise purchasers and mortgagees on statutory protections and exceptions (s 4 and s 5). When representing third-party acquirers, document reliance on s 4’s non‑inquiry protection and confirm whether s 5’s approval condition applies. Where s 5 applies, ensure the purchaser or mortgagee obtains and files the Governor’s approval or endorsed subdivision plan before treating the transaction as safe.

9. Coordinate with ecclesiastical and civil counsel. Because the Act sits at the intersection of church governance and land law, coordinate between diocesan legal advisers, counsel experienced in trust law, and conveyancers to ensure both internal and external legal requirements are satisfied.

10. For existing or historical issues, check validation coverage (s 2 and s 6). If a title or past trustee action is in doubt, check whether s 2 (validation of historic grants) or s 6 (validation of prior sales, mortgages, leases and assurances made in good faith) applies. If these sections apply, they may eliminate or reduce title challenges; nonetheless, preserve documentary proof of the trustees’ good faith and the chain of title.

11. Use modern institutional names and constructions. When drafting instruments and submissions, use the modern statutory references as required by the compilation notes: references to "Church of England" in earlier documents are to be read as references to the "Anglican Church of Australia" (Anglican Church of Australia Act 1976 s 7) and identify the trustees as The Perth Diocesan Trustees, per the 1918 trustees’ name change recorded in the notes.

12. Treat invalidity as the principal legal risk. Because the Act does not create fines or administrative penalties, the principal legal consequence for non-compliance is invalidity of the assurance under s 5. Advise clients that fixing an invalidated assurance may require later administrative approval, re-execution of documents, or litigation to determine rights.

Following these steps will align transactions with the Act’s requirements as set out in ss 2-6 and the compilation notes. Where doubt remains, particularly about the original Crown grant’s consideration status or the application of Synod Statutes, obtain specialist trust and ecclesiastical law advice.