University and College Lands (Saint Paul’s College) Act 1966
In ForceNSW
Jurisdiction
New South Wales
Act Number
7 of 1966
Collection
act
Plain English Summary
3/10 complexity
This Act vests particular parcels of land in the trustees of Saint Paul’s College and in the University of Sydney, frees those parcels from earlier trusts, and modifies an earlier subgrant so the revised land descriptions and trust terms apply. It comes into force on a day appointed by the Governor. It affects the college’s trustees and the University by reallocating legal title and altering the trust obligations that govern those parcels of land.
This Act rearranges the legal ownership and trust arrangements governing a specific parcel of university and college land in Sydney. It vests two lots of land, described in Schedule One, in the trustees for Saint Paul's College as an estate in fee simple, freed and discharged from all trusts that affected that land immediately before commencement (section 4). At the same time it vests two other lots, described in Schedule Two, in the University of Sydney, also as an estate in fee simple and freed from all existing trusts (section 5). After these two vestings, the Act modifies the 1924 Indenture of Subgrant (the deed that originally granted land from the University to Saint Paul’s College) so that the land subgranted under that indenture is now the land described in Schedule Three, and the old plan on the indenture is deemed omitted (section 6(a)). The Act then declares that the trustees for Saint Paul’s College hold the Schedule Three land on the same trusts, provisos and conditions as those on which the land described in Schedule Three to the 1957 Act was held immediately before commencement (section 6(b)). Similarly, the University holds the Schedule Two land on the same trusts as those on which lands vested in the University by section 9 of the University and College Lands and Victoria Park Act 1924-1937 were held immediately before commencement (section 7). A savings provision (section 8) ensures that nothing in the Act affects section 7 of the 1924-1937 Act, except to the extent specified in section 6(a) and (b). The practical effect is a legislative boundary adjustment: the University and the College swap or consolidate small parcels, with the trusts governing the retained lands clarified and continued.
Current sections
Direct links to the current provisions in University and College Lands (Saint Paul’s College) Act 1966.
This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.
3
Definitions
3 Definitions
3 Definitions
In this Act:
Indenture of subgrant means the indenture of subgrant dated the twenty-ninth day of October, one thousand nine hundred and twenty-four, and made between the University of Sydney of the first part The Honourable Sir William Portus Cullen, The Honourable Mr Justice Philip Whistler Street, Alfrey Becher Stewart White, Esquire, Francis Alfred Allison Russell, Esquire, and the Reverend Arthur Henry Garnsey of the second part and The Warden and Fellows of Saint Paul’s College of the third part.
Vesting of certain land in trustees for Saint Paul’s College
4 Vesting of certain land in trustees for Saint Paul’s College
4 Vesting of certain land in trustees for Saint Paul’s College
The land described in Schedule One to this Act is hereby vested in the trustees for Saint Paul’s College for an estate in fee simple freed and discharged from all trusts affecting the land immediately before the commencement of this Act.
5
Vesting of certain land in the University of Sydney
5 Vesting of certain land in the University of Sydney
5 Vesting of certain land in the University of Sydney
The land described in Schedule Two to this Act is hereby vested in the University of Sydney for an estate in fee simple freed and discharged from all trusts affecting the land immediately before the commencement of this Act.
6
Modification of indenture of subgrant and declaration of trusts upon which land in modified subgrant to be held
6 Modification of indenture of subgrant and declaration of trusts upon which land in modified subgrant to be held
6 Modification of indenture of subgrant and declaration of trusts upon which land in modified subgrant to be held
From and after the commencement of this Act:
(a) the indenture of subgrant shall be read and construed as if the land subgranted by the indenture had been the land described in Schedule Three to this Act and as if the plan on the indenture had been omitted therefrom,
(b) the trustees for Saint Paul’s College shall, notwithstanding any occurrence or transaction before such commencement, hold the land described in Schedule Three to this Act upon the same trusts and subject to the same provisos and conditions as those upon and subject to which the land described in Schedule Three to the University and College Lands (Saint Paul’s College and Wesley College) Act 1957 was held immediately before such commencement,
Declaration of trusts upon which University of Sydney shall hold certain land
7 Declaration of trusts upon which University of Sydney shall hold certain land
7 Declaration of trusts upon which University of Sydney shall hold certain land
From and after the commencement of this Act, the University of Sydney shall, notwithstanding any occurrence or transaction before such commencement, hold the land described in Schedule Two to this Act upon the same trusts as those upon which the lands vested in the University of Sydney and its successors by section nine of the University and College Lands and Victoria Park Act 1924–1937 were held immediately before the commencement of this Act.
8
Saving
8 Saving
8 Saving
Except to the extent specified in paragraphs (a) and (b) of section six of this Act, nothing in this Act shall affect provisions of section seven of the University and College Lands and Victoria Park Act 1924–1937.
Schedule One
Schedule One
Schedule One
(Section 4)
Description of land (lots 3 and 4) to be vested in the trustees for Saint Paul’s College.
ALL THAT piece or parcel of land at Sydney, in the City of Sydney, Parish of Petersham, County of Cumberland and State of New South Wales, being lot 4 shown on a plan of survey certified by Mr Surveyor W L Rein as having been completed on the 10th day of April 1963, and being part of the land granted to the University of Sydney on the 18th day of January 1855, COMMENCING at a point on the North-western side of City Road (formerly Newtown Road) bearing and distant 40 degrees 29 minutes 20 seconds for 430 feet 9 inches, 38 degrees 33 minutes 20 seconds for 59 feet 11¾ inches and 37 degrees 27 minutes 40 seconds for 27 feet 6 inches from the intersection of the northern side of Carillon Avenue (formerly known as Saint Paul’s Road) with the abovementioned North-western side of City Road and bounded thence on the South-west by a fenced line bearing 327 degrees 36 minutes for 55 feet 3¼ inches; thence on the North-west by a fenced line bearing 36 degrees 52 minutes for 92 feet 11¼ inches; thence on the North-east by a line passing partly along the North-eastern face of the base course of a stone lodge bearing 126 degrees 37 minutes 50 seconds for 52 feet 9¼ inches to the aforesaid North-western side of City Road and bounded thence on the South-east by the aforesaid North-western side of City Road being a line bearing 216 degrees 29 minutes for 5 feet 9 inches and being a line passing along the South-eastern face of a stone wall bearing 217 degrees 27 minutes 40 seconds for 109 feet 11¾ inches to the point of commencement and containing by admeasurement 20¼ perches together with all that piece or parcel of land at Sydney, in the City of Sydney, Parish of Petersham, County of Cumberland and State of New South Wales, being lot 3 shown on a plan of survey certified by Mr Surveyor W L Rein as having been completed on the 10th day of April 1963, and being part of the land granted to the University of Sydney on the 18th day of January 1855, COMMENCING at a point 306 degrees 37 minutes 50 seconds and distant 25 feet from the northernmost corner of the abovementioned lot 4 and bounded thence on the South-west by a fenced line bearing 306 degrees 31 minutes for 133 feet 6 inches, by a fenced line being an arc, 79 feet 10½ inches in length, of circle of radius 100 feet, convex to the South-west, having a chord bearing 329 degrees 24 minutes for 77 feet 9¼ inches and again by a fenced line bearing 352 degrees 17 minutes for 91 feet 6¼ inches and bounded thence on the North-east by lines bearing and distant 111 degrees 19 minutes for 17 feet 11¼ inches, 159 degrees 23 minutes 20 seconds for 59 feet 6 inches, 152 degrees 10 minutes 20 seconds for 63 feet, 146 degrees 57 minutes 40 seconds for 50 feet, 143 degrees 23 minutes for 50 feet, 136 degrees 23 minutes for 30 feet, 137 degrees 02 minutes 10 seconds for 21 feet 0¼ inches to the point of commencement and containing by admeasurement 25 perches, be the said several dimensions all a little more or less.
Schedule Two
Schedule Two
Schedule Two
(Section 5)
Description of land (lots 1 and 2) to be vested in the University of Sydney.
ALL THAT piece or parcel of land at Sydney, in the City of Sydney, Parish of Petersham, County of Cumberland and State of New South Wales, being lot 1 shown on a plan of survey certified by Mr Surveyor W L Rein as having been completed on the 10th day of April 1963, and being part of the land comprised in Schedule Three to the University and College Lands (Saint Paul’s College and Wesley College) Act 1957, COMMENCING at a point being the northernmost corner of the land comprised in the aforesaid Schedule Three to the Act and bounded thence on the North-east by part of the North-eastern boundary of the land comprised in the abovementioned Schedule Three to the Act, being a line bearing 147 degrees 59 minutes 40 seconds for 84 feet 7 inches; thence on the South-east by a line bearing 262 degrees 24 minutes 40 seconds for 176 feet 4½ inches; thence on the South-west by a line bearing 352 degrees 24 minutes 40 seconds for 77 feet to the North-western boundary of the land described in the abovementioned Schedule Three to the Act, and bounded thence on the North-west by that North-western boundary of the land described in the abovementioned Schedule Three to the Act being a line passing partly along the South-eastern face of a brick wall and partly along a fence bearing 82 degrees 24 minutes 40 seconds for 141 feet 4¾ inches to the point of commencement, and containing by admeasurement 1 rood 4¾ perches together with ALL THAT piece or parcel of land at Sydney, in the City of Sydney, Parish of Petersham, County of Cumberland and State of New South Wales, being lot 2 shown on a plan of survey certified by Mr Surveyor W L Rein as having been completed on the 10th day of April 1963, and being part of the land comprised in Schedule Three to the University and College Lands (Saint Paul’s College and Wesley College) Act 1957, COMMENCING at a point on the North-western boundary of the abovementioned land in Schedule Three to the Act, bearing and distant 147 degrees 59 minutes 40 seconds for 95 feet 1 inch and 82 degrees 30 minutes 10 seconds for 153 feet 2¼ inches from the easternmost corner of the abovementioned lot 1 and bounded thence on the North-west by part of the North-western boundary of land comprised in the abovementioned Schedule Three to the Act being a fenced line bearing 82 degrees 30 minutes 10 seconds for 8 feet 5¾ inches; thence on the North-east by part of the North-eastern boundary of land comprised in the abovementioned Schedule Three to the Act being a fenced line bearing 172 degrees 17 minutes for 78 feet 11 inches and bounded thence on the South-west by a line bearing 346 degrees 08 minutes 30 seconds for 79 feet 4¾ inches to the point of commencement and containing by admeasurement One perch, be the said several dimensions all a little more or less.
Schedule Three
Schedule Three
Schedule Three
(Section 6)
Description of land vested in the trustees for Saint Paul’s College after the vesting of land (lots l and 2) in the University of Sydney and the vesting of other land (lots 3 and 4) in the trustees for Saint Paul’s College.
ALL THAT piece or parcel of land at Sydney in the Parish of Petersham, County of Cumberland, and State of New South Wales being the whole of the land comprised in Crown Grant Registered Volume 1375 Folio 60 together with part of one hundred and twenty-six acres granted to the University of Sydney on the 18th day of January 1855, COMMENCING at a point on the North-western alignment of City Road (formerly known as Newtown Road and also as King Street) bearing 40 degrees 29 minutes 20 seconds for 89 feet 2¾ inches from the intersection of that North-western alignment of City Road with the North-western alignment of Carillon Avenue (formerly known as Bligh Street and also as Saint Paul’s Road) and bounded thence on part of the South-west by a line bearing 357 degrees 41 minutes 40 seconds for 58 feet 0 inches; thence on part of the South-east by lines bearing and distant respectively 267 degrees 56 minutes 40 seconds for 254 feet 11½ inches, 267 degrees 3 minutes 40 seconds for 118 feet 4½ inches and 268 degrees 12 minutes 30 seconds for 46 feet 11 inches; thence on part of the North-east by a line bearing 169 degrees 07 minutes 50 seconds for 122 feet 1 inch to the North-western alignment of Carillon Avenue; thence again on part of the South-east by that alignment of Carillon Avenue bearing 268 degrees 23 minutes 40 seconds for 20 feet; thence again on part of the South-west by a line bearing 349 degrees 30 minutes for 118 feet 10 inches; thence again on part of the South-east by a line bearing 261 degrees 12 minutes for 2 feet 4½ inches; thence on the remainder of the South-west by a line bearing 349 degrees 04 minutes for 50 feet 0 inches, a line bearing 330 degrees 09 minutes 50 seconds for 124 feet 3½ inches and a partly fenced line bearing 349 degrees 27 minutes 30 seconds for 461 feet 8½ inches; thence on part of the North-west by a fenced line bearing 24 degrees 41 minutes for 102 feet 6¾ inches, and partly fenced line bearing 1 degree 41 minutes for 224 feet 8 inches to the South-eastern face of a brick wall and by a line passing in part along that South-eastern face of the brick wall along the line of the wall and along the South-eastern face of a brick wall bearing 82 degrees 24 minutes 40 seconds for 255 feet 8¾ inches; thence again on part of the North-east by a line bearing 172 degrees 24 minutes 40 seconds for 77 feet 0 inches; thence again on part of the North-west by a line bearing 82 degrees 24 minutes 40 seconds for 176 feet 4½ inches; thence again on part of the North-east by a line bearing 147 degrees 59 minutes 40 seconds for 95 feet 1 inch; thence on the remainder of the North-west by a partly fenced line bearing 82 degrees 30 minutes 10 seconds for 153 feet 2¼ inches; thence on the remainder of the North-east by lines bearing and distant respectively 166 degrees 08 minutes 30 seconds for 79 feet 4¾ inches, 172 degrees 17 minutes for 107 feet 5¼ inches, 111 degrees 19 minutes for 17 feet 11¼ inches, 159 degrees 23 minutes 20 seconds for 59 feet 6 inches, 152 degrees 10 minutes 20 seconds for 63 feet 0 inches, 146 degrees 57 minutes 40 seconds for 50 feet 0 inches, 143 degrees 23 minutes for 50 feet 0 inches, 136 degrees 23 minutes for 30 feet 0 inches, 137 degrees 02 minutes 10 seconds for 21 feet 0¼ inches, 126 degrees 31 minutes for 25 feet 0 inches and by a line passing in part along the North-eastern face of the base course of a stone building bearing 126 degrees 37 minutes 50 seconds for 52 feet 9¼ inches to the aforesaid North-western alignment of City Road; and bounded thence on the remainder of the South-east by that North-western alignment of City Road being lines passing along the South-eastern face of stone foundations for a fence bearing 216 degrees 29 minutes for 5 feet 9 inches, 217 degrees 27 minutes 40 seconds for 109 feet 11¾ inches, 217 degrees 20 minutes 20 seconds for 27 feet 6 inches, 218 degrees 33 minutes 20 seconds for 59 feet 11¾ inches and 220 degrees 29 minutes 20 seconds for 341 feet 6¼ inches to the point of commencement and containing by admeasurement 14 acres 3 roods 20¾ perches, be the said several dimensions all a little more or less.
Source text
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Act
1 Name of Act
1 Name of Act
This Act may be cited as the University and College Lands (Saint Paul’s College) Act 1966.
2 Commencement
2 Commencement
2 Commencement
This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.
3 Definitions
3 Definitions
3 Definitions
In this Act:
Indenture of subgrant means the indenture of subgrant dated the twenty-ninth day of October, one thousand nine hundred and twenty-four, and made between the University of Sydney of the first part The Honourable Sir William Portus Cullen, The Honourable Mr Justice Philip Whistler Street, Alfrey Becher Stewart White, Esquire, Francis Alfred Allison Russell, Esquire, and the Reverend Arthur Henry Garnsey of the second part and The Warden and Fellows of Saint Paul’s College of the third part.
Trustees for Saint Paul’s College means the persons who, immediately before the commencement of this Act, were the trustees of the land described in Schedule Three to the University and College Lands (Saint Paul’s College and Wesley College) Act 1957.
4 Vesting of certain land in trustees for Saint Paul’s College
4 Vesting of certain land in trustees for Saint Paul’s College
4 Vesting of certain land in trustees for Saint Paul’s College
The land described in Schedule One to this Act is hereby vested in the trustees for Saint Paul’s College for an estate in fee simple freed and discharged from all trusts affecting the land immediately before the commencement of this Act.
5 Vesting of certain land in the University of Sydney
5 Vesting of certain land in the University of Sydney
5 Vesting of certain land in the University of Sydney
The land described in Schedule Two to this Act is hereby vested in the University of Sydney for an estate in fee simple freed and discharged from all trusts affecting the land immediately before the commencement of this Act.
6 Modification of indenture of subgrant and declaration of trusts upon which land in modified subgrant to be held
6 Modification of indenture of subgrant and declaration of trusts upon which land in modified subgrant to be held
Main concepts
Several concepts are central. Vesting means the legal title to the land automatically passes to the named body by force of the Act, without need for a conveyance. The land is vested in fee simple, which is the most complete form of private land ownership under Australian law, free from any temporal limit. The phrase freed and discharged from all trusts is critical: any prior equitable obligations, charitable trusts, or restrictive covenants that burdened the land before commencement are extinguished by the Act. The Act then reimposes trusts on the land after vesting, but only as specifically declared. The Indenture of Subgrant is a historical deed dated 29 October 1924 that originally transferred land from the University to trustees for Saint Paul’s College on certain terms. The Act modifies this indenture retroactively and from commencement, treating it as if the land described had always been Schedule Three and the plan omitted. The trustees for Saint Paul’s College are defined as the persons who immediately before commencement were the trustees of the land described in Schedule Three to the University and College Lands (Saint Paul’s College and Wesley College) Act 1957. This prevents any change in trusteeship due to the new vesting. The same trusts language in sections 6(b) and 7 preserves continuity of the existing beneficial arrangements despite the change in physical boundaries. The three schedules contain detailed survey descriptions using bearings, distances, and references to Crown grants and older surveys, which are legally operative to define the exact land affected.
Who it affects
The Act directly affects the University of Sydney and the trustees for Saint Paul’s College as the two bodies that receive or lose land. The University is a statutory corporation created by its own Act, and the College is a residential college affiliated with the University, whose land is held on trust by named trustees. The Act also affects any person who held a beneficial interest in the land under the prior trusts, because those trusts are discharged and replaced. This could include beneficiaries of charitable or educational trusts, such as students, staff, or donors whose gifts were tied to the original land. The Crown as grantor of the original 1855 grant may have retained a reversionary interest, but the vesting language suggests the land is freed from all prior trusts, which would typically override those. Surveyors and land title officials are affected because the schedules redefine boundaries; the Registrar-General would need to record the new titles. The Act does not create any new duties for the general public, and it does not impose obligations on individuals such as neighbours or the local council, except to the extent that any easements or restrictions not mentioned in the Act might survive. The savings provision (section 8) protects the operation of section 7 of the 1924-1937 Act, which may impose obligations on the University, so any persons with rights under that section remain unaffected.
Key duties and rights
The trustees for Saint Paul’s College have the right to hold the Schedule Three land in fee simple, but they are under a duty to hold it upon the same trusts, provisos and conditions as were applicable to the land described in Schedule Three to the 1957 Act immediately before commencement (section 6(b)). This means they cannot treat the land as their own property; it remains subject to the charitable or educational purposes for which the College was originally established. The University likewise has a right to hold the Schedule Two land in fee simple, but is bound to hold it upon the same trusts as those on which lands vested by section 9 of the 1924-1937 Act were held immediately before commencement (section 7). The substantive content of those trusts is not set out in this Act; one must consult the earlier Acts to determine the precise obligations. The Act does not create any new enforcement rights for third parties. Any person with standing under the general law of trusts (such as the Attorney General or a beneficiary) could enforce these duties. The Indenture of Subgrant is modified so that the grantor (the University) and the grantee (the trustees) are deemed to have agreed to the new land description. No further documentation is required to effect this modification. The Act does not confer any right to compensation on persons who lose beneficial interests under the discharged trusts. It does not create any new contractual rights or impose any new reporting or accounting obligations.
Penalties and enforcement
This Act contains no penalty provisions, no offences, and no express enforcement mechanisms. It is a machinery Act that vests land and declares trusts; enforcement of the trust duties lies in the general law of equity and trusts, not in the Act itself. If the trustees or the University fail to hold the land on the declared trusts, a beneficiary or the Attorney General could seek remedies in the Supreme Court of New South Wales, such as an order to enforce the trust, an injunction, or the appointment of new trustees. There is no specific penalty for breach, but the trust duties are enforceable as equitable obligations. The Act does not create a statutory tort or provide for any fine. The land was already subject to trusts before the Act, so the enforcement landscape is largely unchanged. The only potential penalty would be under the general law (e.g., for breach of trust, waste, or misapplication of trust property). Because the Act vests land freed from prior trusts, any prior action for breach of the old trusts would be extinguished unless it had already crystallised into a cause of action. The Act does not impose any administrative penalties or confer power on any regulator to investigate compliance.
How it interacts with other laws
The Act explicitly references and modifies two earlier Acts: the University and College Lands (Saint Paul’s College and Wesley College) Act 1957 and the University and College Lands and Victoria Park Act 1924-1937. Section 6(c) directs that subsection 2 of section 3 of the 1957 Act shall be read as if the land described in Schedule Three to that Act had been the land described in Schedule Three to the 1966 Act. This retrospective rewriting of the 1957 Act is a specific legislative override. Section 8 saves section 7 of the 1924-1937 Act from being affected by the 1966 Act, except as provided in section 6(a) and (b). The Crown grant from 1855, which originally conveyed the larger parcel to the University, is indirectly affected because the land descriptions in the schedules refer back to that grant. The Act does not purport to override the Real Property Act 1900 (NSW) or the Conveyancing Act 1919 (NSW), but because it vests land by statute, the registration of the new titles would follow the Torrens system. The Act also interacts with the general law of trusts and charities. The Charities Act 1993 (NSW) and the Trustee Act 1925 (NSW) may govern the administration of the trusts, but the 1966 Act does not amend those general statutes. There is no apparent conflict with Commonwealth legislation. The Act is a private or local Act that deals only with specific land, so its interaction with other laws is limited to the few named statutes and the general law of property and trusts.
Amendment history
The source text provided is the Act as currently in force, with no amendment history notes. The Act was passed in 1966 and has not been amended according to the text. The commencement was to be proclaimed, and it likely commenced shortly after royal assent, but the exact date is not given. No subsequent amendment Acts are referenced in the source. The Act remains on the statute book in its original form. It is not repealed or sunsetted. Given the narrow scope (land vesting and trust modification), it is unlikely to have been amended unless further boundary adjustments were needed. The URL suggests the legislation is current, but a researcher should verify the commencement date and any later amendments using the official legislation register. The Act is one of a series of University and College Lands Acts for various colleges (e.g., Wesley College, St John’s College), indicating a pattern of periodic land reallocations.
Litigation history
The source text contains no references to any court cases. No litigation history is provided, and none can be inferred from the text. Given that the Act is a private Act dealing with specific land and trusts, any litigation would likely have been brought in equity to enforce the trusts or challenge the vesting. The absence of case references in the source does not prove that no litigation occurred, but the Act’s precise drafting and limited scope likely minimised disputes. The modification of the Indenture of Subgrant is retrospective, which could theoretically give rise to a challenge on grounds of legislative interference with vested property rights, but no such challenge is recorded. The saving provision for section 7 of the 1924-1937 Act suggests the drafters anticipated the need to preserve that provision intact, perhaps because it was already the subject of litigation or because it contained important protections. A practitioner should search for Supreme Court of New South Wales decisions citing this Act or the related Acts.
Gotchas
The Act is deceptively simple but contains several traps for the unwary. First, the definition of trustees for Saint Paul’s College ties to the 1957 Act, not to the College’s own governing body or any subsequent reconstitution. If the trustees have changed since 1966, the definition may now be ambiguous. Second, the modification of the indenture is retrospective from commencement, which could affect rights that accrued between 1924 and 1966 under the original indenture. Any party who relied on the original plan or land description might have had their rights altered. Third, the schedules use metes and bounds descriptions from a 1963 survey. Small discrepancies between those bearings and the actual fence lines could cause boundary disputes. The phrase “be the said several dimensions all a little more or less” is a classic surveying caveat, but in a statute it may limit the ability to claim errors. Fourth, the Act discharges all trusts affecting the vested land immediately before commencement, but does not explicitly discharge easements, profits à prendre, or restrictive covenants that are not trusts. Those may survive unless extinguished by operation of law. Fifth, the saving provision (section 8) has a cross‑reference to section 7 of the 1924-1937 Act, but the full text of that section is not reproduced; one must locate that Act to understand what is preserved. Sixth, the Act does not impose a time limit for registration of the new titles; if the land was not registered under the Real Property Act, the vesting is still effective but the record may not reflect it. Seventh, the trusts declared by sections 6(b) and 7 are the same trusts as before, but the land area has changed: the University loses two lots but gains two others, and the College gains two lots but loses two others. The net effect on the trust corpus (land value) is not addressed; the Act does not provide for any rebalancing of trust funds or adjustment of beneficial entitlements.
How to comply
Compliance requires the trustees for Saint Paul’s College and the University of Sydney to update their land records and ensure that the trust assets are correctly identified. The trustees should ensure that the Schedule Three land is held in their names as fee simple owners, and that the title is registered under the Real Property Act 1900 if it is not already. They should also review the trusts preserved by the 1957 Act to ensure that all income from the land (if any) is applied in accordance with those trusts. The University must similarly register title to the Schedule Two land and hold it subject to the trusts preserved from the 1924-1937 Act. Both bodies should execute any documents necessary to give effect to the vesting, although the Act itself operates to vest the land without a conveyance. It is prudent to record the Act and the modified indenture with the land titles office. The trustees should also update the Indenture of Subgrant by attaching the Schedule Three plan or otherwise noting the modification. No filing with any government agency is required beyond normal title registration. The saving provision means that any obligations under section 7 of the 1924-1937 Act continue; the University should ensure it complies with those obligations. No new compliance system is needed; the Act simply clarifies existing trust duties on modified land boundaries. The practical risk is administrative neglect: if the land is not properly recorded, future dealings may be complicated.
Section 6Modification of indenture of subgrant and declaration of trusts upon which land in modified subgrant to be held
6 Modification of indenture of subgrant and declaration of trusts upon which land in modified subgrant to be held
From and after the commencement of this Act:
(a) the indenture of subgrant shall be read and construed as if the land subgranted by the indenture had been the land described in Schedule Three to this Act and as if the plan on the indenture had been omitted therefrom,
(b) the trustees for Saint Paul’s College shall, notwithstanding any occurrence or transaction before such commencement, hold the land described in Schedule Three to this Act upon the same trusts and subject to the same provisos and conditions as those upon and subject to which the land described in Schedule Three to the University and College Lands (Saint Paul’s College and Wesley College) Act 1957 was held immediately before such commencement,
(c) subsection two of section three of the University and College Lands (Saint Paul’s College and Wesley College) Act 1957 shall be read and construed as if the land described in Schedule Three to that Act had been the land described in Schedule Three to this Act.
7 Declaration of trusts upon which University of Sydney shall hold certain land
7 Declaration of trusts upon which University of Sydney shall hold certain land
7 Declaration of trusts upon which University of Sydney shall hold certain land
From and after the commencement of this Act, the University of Sydney shall, notwithstanding any occurrence or transaction before such commencement, hold the land described in Schedule Two to this Act upon the same trusts as those upon which the lands vested in the University of Sydney and its successors by section nine of the University and College Lands and Victoria Park Act 1924–1937 were held immediately before the commencement of this Act.
8 Saving
8 Saving
8 Saving
Except to the extent specified in paragraphs (a) and (b) of section six of this Act, nothing in this Act shall affect provisions of section seven of the University and College Lands and Victoria Park Act 1924–1937.
Schedule One
Schedule One
(Section 4)
Description of land (lots 3 and 4) to be vested in the trustees for Saint Paul’s College.
ALL THAT piece or parcel of land at Sydney, in the City of Sydney, Parish of Petersham, County of Cumberland and State of New South Wales, being lot 4 shown on a plan of survey certified by Mr Surveyor W L Rein as having been completed on the 10th day of April 1963, and being part of the land granted to the University of Sydney on the 18th day of January 1855, COMMENCING at a point on the North-western side of City Road (formerly Newtown Road) bearing and distant 40 degrees 29 minutes 20 seconds for 430 feet 9 inches, 38 degrees 33 minutes 20 seconds for 59 feet 11¾ inches and 37 degrees 27 minutes 40 seconds for 27 feet 6 inches from the intersection of the northern side of Carillon Avenue (formerly known as Saint Paul’s Road) with the abovementioned North-western side of City Road and bounded thence on the South-west by a fenced line bearing 327 degrees 36 minutes for 55 feet 3¼ inches; thence on the North-west by a fenced line bearing 36 degrees 52 minutes for 92 feet 11¼ inches; thence on the North-east by a line passing partly along the North-eastern face of the base course of a stone lodge bearing 126 degrees 37 minutes 50 seconds for 52 feet 9¼ inches to the aforesaid North-western side of City Road and bounded thence on the South-east by the aforesaid North-western side of City Road being a line bearing 216 degrees 29 minutes for 5 feet 9 inches and being a line passing along the South-eastern face of a stone wall bearing 217 degrees 27 minutes 40 seconds for 109 feet 11¾ inches to the point of commencement and containing by admeasurement 20¼ perches together with all that piece or parcel of land at Sydney, in the City of Sydney, Parish of Petersham, County of Cumberland and State of New South Wales, being lot 3 shown on a plan of survey certified by Mr Surveyor W L Rein as having been completed on the 10th day of April 1963, and being part of the land granted to the University of Sydney on the 18th day of January 1855, COMMENCING at a point 306 degrees 37 minutes 50 seconds and distant 25 feet from the northernmost corner of the abovementioned lot 4 and bounded thence on the South-west by a fenced line bearing 306 degrees 31 minutes for 133 feet 6 inches, by a fenced line being an arc, 79 feet 10½ inches in length, of circle of radius 100 feet, convex to the South-west, having a chord bearing 329 degrees 24 minutes for 77 feet 9¼ inches and again by a fenced line bearing 352 degrees 17 minutes for 91 feet 6¼ inches and bounded thence on the North-east by lines bearing and distant 111 degrees 19 minutes for 17 feet 11¼ inches, 159 degrees 23 minutes 20 seconds for 59 feet 6 inches, 152 degrees 10 minutes 20 seconds for 63 feet, 146 degrees 57 minutes 40 seconds for 50 feet, 143 degrees 23 minutes for 50 feet, 136 degrees 23 minutes for 30 feet, 137 degrees 02 minutes 10 seconds for 21 feet 0¼ inches to the point of commencement and containing by admeasurement 25 perches, be the said several dimensions all a little more or less.
Schedule Two
Schedule Two
(Section 5)
Description of land (lots 1 and 2) to be vested in the University of Sydney.
ALL THAT piece or parcel of land at Sydney, in the City of Sydney, Parish of Petersham, County of Cumberland and State of New South Wales, being lot 1 shown on a plan of survey certified by Mr Surveyor W L Rein as having been completed on the 10th day of April 1963, and being part of the land comprised in Schedule Three to the University and College Lands (Saint Paul’s College and Wesley College) Act 1957, COMMENCING at a point being the northernmost corner of the land comprised in the aforesaid Schedule Three to the Act and bounded thence on the North-east by part of the North-eastern boundary of the land comprised in the abovementioned Schedule Three to the Act, being a line bearing 147 degrees 59 minutes 40 seconds for 84 feet 7 inches; thence on the South-east by a line bearing 262 degrees 24 minutes 40 seconds for 176 feet 4½ inches; thence on the South-west by a line bearing 352 degrees 24 minutes 40 seconds for 77 feet to the North-western boundary of the land described in the abovementioned Schedule Three to the Act, and bounded thence on the North-west by that North-western boundary of the land described in the abovementioned Schedule Three to the Act being a line passing partly along the South-eastern face of a brick wall and partly along a fence bearing 82 degrees 24 minutes 40 seconds for 141 feet 4¾ inches to the point of commencement, and containing by admeasurement 1 rood 4¾ perches together with ALL THAT piece or parcel of land at Sydney, in the City of Sydney, Parish of Petersham, County of Cumberland and State of New South Wales, being lot 2 shown on a plan of survey certified by Mr Surveyor W L Rein as having been completed on the 10th day of April 1963, and being part of the land comprised in Schedule Three to the University and College Lands (Saint Paul’s College and Wesley College) Act 1957, COMMENCING at a point on the North-western boundary of the abovementioned land in Schedule Three to the Act, bearing and distant 147 degrees 59 minutes 40 seconds for 95 feet 1 inch and 82 degrees 30 minutes 10 seconds for 153 feet 2¼ inches from the easternmost corner of the abovementioned lot 1 and bounded thence on the North-west by part of the North-western boundary of land comprised in the abovementioned Schedule Three to the Act being a fenced line bearing 82 degrees 30 minutes 10 seconds for 8 feet 5¾ inches; thence on the North-east by part of the North-eastern boundary of land comprised in the abovementioned Schedule Three to the Act being a fenced line bearing 172 degrees 17 minutes for 78 feet 11 inches and bounded thence on the South-west by a line bearing 346 degrees 08 minutes 30 seconds for 79 feet 4¾ inches to the point of commencement and containing by admeasurement One perch, be the said several dimensions all a little more or less.
Schedule Three
Schedule Three
(Section 6)
Description of land vested in the trustees for Saint Paul’s College after the vesting of land (lots l and 2) in the University of Sydney and the vesting of other land (lots 3 and 4) in the trustees for Saint Paul’s College.
ALL THAT piece or parcel of land at Sydney in the Parish of Petersham, County of Cumberland, and State of New South Wales being the whole of the land comprised in Crown Grant Registered Volume 1375 Folio 60 together with part of one hundred and twenty-six acres granted to the University of Sydney on the 18th day of January 1855, COMMENCING at a point on the North-western alignment of City Road (formerly known as Newtown Road and also as King Street) bearing 40 degrees 29 minutes 20 seconds for 89 feet 2¾ inches from the intersection of that North-western alignment of City Road with the North-western alignment of Carillon Avenue (formerly known as Bligh Street and also as Saint Paul’s Road) and bounded thence on part of the South-west by a line bearing 357 degrees 41 minutes 40 seconds for 58 feet 0 inches; thence on part of the South-east by lines bearing and distant respectively 267 degrees 56 minutes 40 seconds for 254 feet 11½ inches, 267 degrees 3 minutes 40 seconds for 118 feet 4½ inches and 268 degrees 12 minutes 30 seconds for 46 feet 11 inches; thence on part of the North-east by a line bearing 169 degrees 07 minutes 50 seconds for 122 feet 1 inch to the North-western alignment of Carillon Avenue; thence again on part of the South-east by that alignment of Carillon Avenue bearing 268 degrees 23 minutes 40 seconds for 20 feet; thence again on part of the South-west by a line bearing 349 degrees 30 minutes for 118 feet 10 inches; thence again on part of the South-east by a line bearing 261 degrees 12 minutes for 2 feet 4½ inches; thence on the remainder of the South-west by a line bearing 349 degrees 04 minutes for 50 feet 0 inches, a line bearing 330 degrees 09 minutes 50 seconds for 124 feet 3½ inches and a partly fenced line bearing 349 degrees 27 minutes 30 seconds for 461 feet 8½ inches; thence on part of the North-west by a fenced line bearing 24 degrees 41 minutes for 102 feet 6¾ inches, and partly fenced line bearing 1 degree 41 minutes for 224 feet 8 inches to the South-eastern face of a brick wall and by a line passing in part along that South-eastern face of the brick wall along the line of the wall and along the South-eastern face of a brick wall bearing 82 degrees 24 minutes 40 seconds for 255 feet 8¾ inches; thence again on part of the North-east by a line bearing 172 degrees 24 minutes 40 seconds for 77 feet 0 inches; thence again on part of the North-west by a line bearing 82 degrees 24 minutes 40 seconds for 176 feet 4½ inches; thence again on part of the North-east by a line bearing 147 degrees 59 minutes 40 seconds for 95 feet 1 inch; thence on the remainder of the North-west by a partly fenced line bearing 82 degrees 30 minutes 10 seconds for 153 feet 2¼ inches; thence on the remainder of the North-east by lines bearing and distant respectively 166 degrees 08 minutes 30 seconds for 79 feet 4¾ inches, 172 degrees 17 minutes for 107 feet 5¼ inches, 111 degrees 19 minutes for 17 feet 11¼ inches, 159 degrees 23 minutes 20 seconds for 59 feet 6 inches, 152 degrees 10 minutes 20 seconds for 63 feet 0 inches, 146 degrees 57 minutes 40 seconds for 50 feet 0 inches, 143 degrees 23 minutes for 50 feet 0 inches, 136 degrees 23 minutes for 30 feet 0 inches, 137 degrees 02 minutes 10 seconds for 21 feet 0¼ inches, 126 degrees 31 minutes for 25 feet 0 inches and by a line passing in part along the North-eastern face of the base course of a stone building bearing 126 degrees 37 minutes 50 seconds for 52 feet 9¼ inches to the aforesaid North-western alignment of City Road; and bounded thence on the remainder of the South-east by that North-western alignment of City Road being lines passing along the South-eastern face of stone foundations for a fence bearing 216 degrees 29 minutes for 5 feet 9 inches, 217 degrees 27 minutes 40 seconds for 109 feet 11¾ inches, 217 degrees 20 minutes 20 seconds for 27 feet 6 inches, 218 degrees 33 minutes 20 seconds for 59 feet 11¾ inches and 220 degrees 29 minutes 20 seconds for 341 feet 6¼ inches to the point of commencement and containing by admeasurement 14 acres 3 roods 20¾ perches, be the said several dimensions all a little more or less.