Victorian Legislation and Parliamentary Documentsi
Version No. 001
Church of England (Port Fairy) Land Act
1938
Act No. 4590/1938
Version as at 26 February 2003
TABLE OF PROVISIONS
Section Page
Short title 2
Definitions 2
Alteration of trusts upon which land in Schedule is held and
powers of disposition etc. thereof 3
SCHEDULE 5
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ENDNOTES 6
General Information 6
Table of Amendments 7
Explanatory Details 8
Victorian Legislation and Parliamentary Documents1
Version No. 001
Church of England (Port Fairy) Land Act
1938
Act No. 4590/1938
Version as at 26 February 2003
An Act to make provision with respect to the Trusts upon which
Certain Land at Port Fairy 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 an indenture of conveyance dated
the first day of August One thousand eight hundred
and fifty (a memorial of which is registered in the
Office of the Registrar-General Number 142
Book K) the land secondly mentioned and
described in the said indenture, being the land
described in the Schedule to this Act, was
conveyed unto certain persons named in the said
indenture as trustees of an intended church and
minister's dwelling at Belfast (now Port Fairy),
appointed under and by virtue of an Act of the
Governor and Legislative Council of New South
Wales passed in the eighth year of the reign of His
Late Majesty King William the Fourth intituled
"An Act to regulate the temporal affairs of
Churches and Chapels of the United Church of
England and Ireland, in New South Wales", their
heirs and assigns for ever upon trust for the
erection thereon of a minister's dwelling in
connexion with a church or chapel to be erected on
certain other land conveyed by the said indenture
of conveyance and also upon trust for the purposes
provided for in and by the said Act:
Victorian Legislation and Parliamentary DocumentsAct No. 4590/1938
Church of England (Port Fairy) Land Act 1938
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AND WHEREAS by an indenture of conveyance
dated the twentieth day of November One
thousand nine hundred and twenty-six (a memorial
of which is registered in the Office of the
Registrar-General Number 480 Book 521) the
representatives of the last survivor of the said
trustees conveyed the land described in the said
Schedule unto The Ballarat Diocesan Trustees its
successors and assigns for ever upon the trusts
hereinbefore recited:
AND WHEREAS the land has been found
unsuitable as a site for a minister's dwelling:
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
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):
Short title
This Act may be cited as the Church of England
(Port Fairy) Land Act 1938.
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;
s. 1
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Church of England (Port Fairy) Land Act 1938
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"Trustees" means The Ballarat Diocesan
Trustees.
3. Alteration of trusts upon which land in Schedule is
held and 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 land described in the Schedule to
this Act upon trust to permit the whole or
any part of the said land 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 land
or any part thereof and may create easements
over or reserve roads on the said land or any
part thereof.
(2) The trustees shall apply any proceeds arising from
any mortgage sale lease or other dealing with the
said land as provided in paragraph (b) of sub-
section (1) of this section towards the cost of
erecting a minister's dwelling on other land in the
town of Port Fairy and towards such other
purposes in connexion therewith as the Bishop of
s. 3
Victorian Legislation and Parliamentary DocumentsAct No. 4590/1938
Church of England (Port Fairy) Land Act 1938
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Ballarat acting under the advice of the Council of
the Diocese of Ballarat from time to time directs.
s. 3
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SCHEDULE
Land, being the land held by The Ballarat Diocesan Trustees in trust as a site
for a Minister's dwelling at Port Fairy, 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.
Two acres more or less being allotments 3, 4, 7 and 8, Block 21, Town of
Port Fairy, Parish of Belfast, County of Villiers:
Commencing at a point bearing South two chains from the north-east corner
of Villiers-street and Bank-street in the said Town, thence by Villiers-street
aforesaid bearing South four chains, thence by allotments numbers 2 and 9 of
the said block being a line bearing West five chains, thence on the West by
College-street bearing North four chains, thence on the North by allotments
numbers 5 and 6 of the said block being a line bearing East five chains to the
point of commencement.
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Sch.
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ENDNOTES
General Information
The Church of England (Port Fairy) Land Act 1938 was assented to on
21 November 1938 and came into operation on 21 November 1938.
Endnotes
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2. Table of Amendments
There are no amendments made to the Church of England (Port Fairy)
Land Act 1938 by Acts and subordinate instruments.
Endnotes
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3. Explanatory Details
No entries at date of publication.
Endnotes