Vicar Capitular to act from death of Bishop until successor appointed 4
First Schedule — Land vested in Bishop of Bunbury
Second Schedule — Acts overridden by section 5
Notes
Compilation table 8
Defined terms
Western Australia
Roman Catholic Bunbury Church Property Act 1955
An Act to vest in the Roman Catholic Bishop of the Diocese of Bunbury and his successors in office the property belonging to or held in trust for or on behalf of the Roman Catholic Church within the Diocese of Bunbury, to make provision for the Bishop to deal with that property, and for other incidental purposes.
1. Short title
This Act may be cited as the Roman Catholic Bunbury Church Property Act 19551.
2. Term used: property
In this Act,
property means property of every kind whatsoever including legal and equitable, real and personal property, and choses in action.
3. Certain property vested in Bishop of Bunbury
The lands comprised in the instruments of title set out in the First Schedule and which are vested in the Roman Catholic Bishop of Perth, and all other property belonging to the Roman Catholic Church or held by any person in trust for or on behalf of that Church and situated within the Roman Catholic Diocese of Bunbury, shall from the coming into operation of this Act, and without the execution of any formal deed of assurance or transfer, vest absolutely and indefeasibly in the Roman Catholic Bishop for the time being of that Diocese and his successors in office, subject to the trusts, encumbrances and dispositions respectively affecting the same.
4. Bishop of Bunbury to be a corporation sole
The Roman Catholic Bishop for the time being of the Diocese of Bunbury is a corporation sole by the name of “The Roman Catholic Bishop of Bunbury” with perpetual succession and a common seal, and by and in that name may sue and be sued and has power to purchase, hold, and take property and, subject to the provisions of section 5, to sell, mortgage, lease or otherwise dispose of any property vested in him pursuant to the provisions of section 3 or acquired after the coming into operation of this Act, and in respect of any real property whether freehold or leasehold so vested or acquired, may also exercise all the powers conferred on the Bishop for the time being administering the ecclesiastical affairs of the Roman Catholic Church in Western Australia and his successors in office, by the .
Section 1 - Roman Catholic Bunbury Church Property Act 1955 - Roman Catholic Bunbury Church Property Act 1955 | Zoe
Roman Catholic Church Lands Act 1895
5. Power to sell, mortgage and lease lands
(1) Notwithstanding anything contained in the Acts mentioned in the Second Schedule, it is lawful for the Bishop of the Diocese of Bunbury in his corporate name as “The Roman Catholic Bishop of Bunbury” subject to any express trust or condition against alienation and to the provisions of section 7 of the Roman Catholic Church Lands Act 1895, —
(a) to sell any lands vested in him pursuant to the provisions of section 3 of this Act and transfer or otherwise assure the same to a purchaser freed and absolutely discharged from any trust or condition affecting the lands not being an express trust or condition against alienation; and
(b) to mortgage the lands to secure moneys borrowed for the purpose of paying and discharging debts already incurred and secured by existing mortgages on lands belonging to the Roman Catholic Church, or to secure moneys which may be lawfully borrowed after the coming into operation of this Act and by way of security to assure to a mortgagee and his assigns the lands freed and discharged from any trust or condition affecting the lands not being an express trust or condition against alienation; and
(c) to lease the lands for any term with or without right of renewal and either by way of building lease or otherwise and subject to such covenants, conditions, and agreements as the Bishop thinks fit to impose, notwithstanding any trust or condition affecting the lands not being an express trust or condition against leasing.
(2) For the purposes of this Act, a trust or condition expressed to be for the use or purposes or benefit of the Roman Catholic Church in general or the Roman Catholic Diocese of Bunbury in particular or in words of like import is not an express trust or condition against alienation.
(3) No purchaser, mortgagee, or lessee of any lands sold, mortgaged or leased under the provisions of this section is bound or concerned to inquire whether the power of sale, mortgage or lease was duly and regularly exercised, or to see to the application of any purchase, mortgage or other moneys, or to inquire into the necessity, regularity, or propriety of any sale, mortgage or lease, or be affected by notice that a sale, mortgage or lease is irregular, unnecessary or improper.
6. Land titles, registration and fees
The vesting of any land by this Act in “The Roman Catholic Bishop of Bunbury” shall be registered and noted under the Transfer of Land Act 1893 or the Registration of Deeds Act 1856, as the case may require, and on the respective instrument of title to that land, free of charge.
[Section 6 amended: No. 60 of 2006 s. 153.]
7. Power to appoint attorneys
The Roman Catholic Bishop of Bunbury may, from time to time, by an instrument in writing under his hand and seal, appoint one or more Priests of the Diocese of Bunbury to be his attorney or attorneys to exercise all or any of the powers conferred upon the Bishop by this Act and it shall be lawful for the attorney or attorneys so appointed, in the name and on behalf of the Roman Catholic Bishop of Bunbury, to exercise those powers accordingly, and to execute all documents required to give effect thereto.
8. Vicar Capitular to act from death of Bishop until successor appointed
Upon the death of a Roman Catholic Bishop of the Diocese of Bunbury, the Vicar Capitular duly elected by the consultors of that Diocese shall be entitled to exercise the powers and be liable to perform the duties of the Bishop until the appointment and consecration of his successor, and it shall be lawful for the Vicar Capitular to exercise those powers and to perform those duties and to execute all documents required to give effect thereto and the documents so executed shall have the same force and effect as if they had been duly executed by The Roman Catholic Bishop of Bunbury.
First Schedule — Land vested in Bishop of Bunbury
[s. 3]
[Heading amended: No. 19 of 2010 s. 4.]
Crown Leases Nos.
3125/1913 63/1934 670/1936
6415/1913 248/1935 100/1945
785/1921 933/1935 80/1951
1092/1926 1182/1935 446/1954
1122/1927 1185/1935 447/1954
1298/1931 1224/1935 472/1955
223/1936
Certificates of Title
Vol.
Folio.
Vol.
Folio.
Vol.
Folio.
3
150
657
71
1047
809
4
242
728
5
1047
810
14
387
736
199
1050
814
26
245
749
43
1052
683
34
45
769
42
1052
684
34
48
794
109
1060
198
35
120
501
148
1060
730
95
87
501
149
1065
385
95
89
501
150
1068
485
102
158
684
162
1069
271
119
89
822
55
1073
575
145
28
828
70
1076
238
215
5
851
153
1080
9
221
183
856
140
1080
296
221
185
860
174
1082
101
221
186
860
175
1082
121
221
187
860
176
1089
456
230
37
921
9
1096
666
240
188
954
105
1101
803
306
14
974
83
1103
395
344
177
980
40
1104
973
351
179
1001
104
1111
463
379
85
1001
136
1125
610
441
88
1001
153
1128
450
441
101
1004
560
1129
283
470
95
1010
480
1129
990
485
129
1010
911
1137
259
499
102
1013
603
1143
377
509
21
1014
181
1152
359
509
116
1014
852
1165
799
509
117
1020
231
1170
493
522
99
1022
271
1170
721
532
161
1025
63
1173
463
572
60
1039
794
1179
212
634
199
1043
555
1182
795
653
108
1043
955
1188
326
657
68
1047
294
Grants Enrolled in Registry of Deeds, Perth.
No. 1291; No. 2857 and No. 2976.
Second Schedule — Acts overridden by section 5
[s. 5]
[Heading amended: No. 19 of 2010 s. 4.]
An Ordinance for vesting Roman Catholic Church Lands in Western Australia in the Roman Catholic Bishop Administrator and his Successors (22 Vict. No. 4.) 2
Roman Catholic Church Lands Act 1895 (59 Vict. — Private).
Roman Catholic Church Lands Amendment Act 1902 (1 and 2 Edw. VII. — Private).
Roman Catholic Church Property Act 1911 (No. 36 of 1911).
Roman Catholic Church Property Act Amendment Act 1912 (No. 32 of 1912).
Roman Catholic Church Property Acts Amendment Act 1916 (No. 4 of 1916).
[Second Schedule amended: No. 74 of 2003 s. 149(3).]
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Notes
1 This reprint is a compilation as at 10 October 2014 of the Roman Catholic Bunbury Church Property Act 1955 and includes the amendments made by the other written laws referred to in the following table 3. The table also contains information about any reprint.
Compilation table
Short title
Number and year
Assent
Commencement
Roman Catholic Bunbury Church Property Act 1955
28 of 1955 (4 Eliz. II No. 28)
15 Nov 1955
15 Nov 1955
Reprint 1: The Roman Catholic Bunbury Church Property Act 1955 as at 7 Feb 2003
Statutes (Repeals and Minor Amendments) Act 2003 s. 149(3)
74 of 2003
15 Dec 2003
15 Dec 2003 (see s. 2)
Land Information Authority Act 2006 s. 153
60 of 2006
16 Nov 2006
1 Jan 2007 (see s. 2(1) and Gazette 8 Dec 2006 p. 5369)
Standardisation of Formatting Act 2010 s. 4
19 of 2010
28 Jun 2010
11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)
Reprint 2: The Roman Catholic Bunbury Church Property Act 1955 as at 10 Oct 2014 (includes amendments listed above)
2 Now cited as the Roman Catholic Church Lands Ordinance 1858.
3 Other relevant Acts: the Roman Catholic Church Lands Act 1895 and the Roman Catholic Church Lands Amendment Act 1902.
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]