Western Australia
Anglican Church of Australia Lands Vesting Act 1892
Reprinted as at 3 May 2002
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
1.Details about the original Act and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.
2.Validation, transitional, savings, or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.
3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the Act being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a section that was inserted, or has been amended, since the Act being reprinted was passed, editorial notes at the foot of the section give some history of how the section came to be as it is. If the section replaced an earlier section, no history of the earlier section is given (the full history of the Act is in the Compilation table).
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
·removed (because it was repealed or deleted from the law); or
·omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
Reprinted under the Reprints Act 1984 as at 5 April 2002
Western Australia
Anglican Church of Australia Lands Vesting Act 1892
1.Lands vested in Trustees2
2.Trustees may sell lands2
3.Application of proceeds of sale3
4.Short title3
Notes
Compilation table4
Reprinted under the Reprints Act 1984 as at 5 April 2002
Western Australia
Anglican Church of Australia Lands Vesting Act 1892
An Act to vest in “The Perth Diocesan Trustees” 2 Perth Building Lots Nos. 1 and 2, Section E, and to empower the said Trustees to sell the said lands, and for other purposes.
Preamble
Whereas by a certain Indenture of Conveyance, bearing date 10 May 1872 and made between Joseph Hardey of Perth in the Colony of Western Australia Gentleman and George Johnson of Guildford in the said Colony Gentleman of the first part, John Crane of Perth aforesaid Yeoman of the second part, and the Right Reverend Matthew Blagden Hale Doctor of Divinity Lord Bishop of Perth aforesaid of the third part, All those several pieces or parcels of land hereditaments and premises marked and known in the maps and books of the Survey Office as “Building Lot No. 1 Section E” and “Building Lot No. 2 Section E” with the appurtenances thereto respectively were granted unto and to the use of the said Lord Bishop of Perth and his successors Bishops of Perth for ever free from encumbrances to the end nevertheless that the said parcels of land hereditaments and premises might be used for the purposes of an Orphanage for male and female children and called “The Perth Protestant Orphanage” and subject to such Rules and Regulations as might from time to time be in force with reference to the said Orphanage and for no other use intent or purpose whatsoever; And whereas by virtue of the Acts of the Legislative Council of this Colony 38 Victoria No. 18 (now repealed) and 52 Victoria No. 2 3 all lands or other property vested at the time of the passing of the first mentioned Act in the said Right Reverend Matthew Blagden Hale as Trustee for the Church of England in Western Australia are now vested in the Diocesan Trustees of the Church of England in Western Australia 4; And whereas it is desirable that the said lands hereinbefore particularly mentioned should also be vested in the said Diocesan Trustees upon and subject to the same trusts and uses as the said Matthew Blagden Hale held the said lands but subject also to the provisions of this Act; And whereas the Committee of Management of the said Orphanage are desirous of selling the said lands and of employing the proceeds of such sale in the purchase of other lands more suitable for the purposes of the said Orphanage and in the erection of new buildings thereon: Be it therefor enacted: —
1.Lands vested in Trustees
Subject to the provisions of this Act the said Perth Building Lot No. 1 Section E and Perth Building Lot No. 2 Section E together with all buildings thereon and all rights easements and appurtenances thereto belonging are hereby vested in The Perth Diocesan Trustees 2 for an estate in fee simple upon and subject to the trusts and uses declared by the hereinbefore recited Indenture of 10 May 1872.
2.Trustees may sell lands
It shall be lawful for the said Diocesan Trustees at any time hereafter to sell the said lands and premises hereby vested in them or any part or parts thereof and to assure the same to a purchaser freed and absolutely discharged from the trusts and uses declared by the said recited Indenture and no purchaser shall be concerned to see to the application of his purchase money.
3.Application of proceeds of sale
The proceeds of sale of the said lands shall be applied by the said Trustees after payment of all expenses of and incidental to any sale in the purchase of other lands in fee simple in the local government district of Perth or elsewhere in Western Australia and so far as such moneys may extend in the erection of buildings and other improvements upon such last mentioned lands and all lands so purchased by the said Trustees as last aforesaid shall be held by them upon and subject to the trusts and uses declared by the said Indenture of 10 May 1872.
4.Short title
This Act may be cited as the Anglican Church of Australia Lands Vesting Act 1892 1.
Notes
1This reprint is a compilation as at 3 May 2002 of the Anglican Church of Australia Lands Vesting Act 1892 and includes the amendments made by the other written laws referred to in the following table 7.
Compilation table
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Short title
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Number and year
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Assent
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Commencement
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Untitled 5
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56 Vict. Private Act
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13 Jan 1893
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13 Jan 1893
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Church of England Diocesan Trustees and Land Act 1918 s. 11 6
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34 of 1918
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24 Dec 1918
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24 Dec 1918
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Statute Law Revision (Short Titles) Act 1966 s. 2
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81 of 1966
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12 Dec 1966
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12 Dec 1966
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Anglican Church of Australia Act 1976 s. 7
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121 of 1976
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1 Dec 1976
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24 Aug 1981 (see s. 2(2) and Gazette 30 Jan 1981 p. 441)
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|
Local Government (Consequential Amendments) Act 1996 s. 4
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14 of 1996
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28 Jun 1996
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1 Jul 1996 (see s. 2)
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|
|
|
|
2Formerly referred to “The Diocesan Trustees of the Church of England in Western Australia” the name of which was changed to “The Perth Diocesan Trustees” by No. 34 of 1918 s. 11. Reference changed under the Reprints Act 1984 s. 7(3)(h).
352 Vict. No. 2 (1888). Now cited as the Anglican Church of Australia (Diocesan Trustees) Act 1888.
4The name of this body was changed to “The Perth Diocesan Trustees” by No. 34 of 1918 s. 11. See also note 2. This reference to the former name is left unamended for historical purposes.
5The Act was given the short title Church of England Lands Vesting Act 1892 by No. 81 of 1966 s. 2. That short title was changed to the Anglican Church of Australia Lands Vesting Act 1892 by No. 121 of 1976 s. 7.
6Now cited as the Anglican Church of Australia Diocesan Trustees and Lands Act 1918. Short title changed by No. 121 of 1976 s. 7.
7Other relevant Acts are:
Hale School Act 1876
Perth Anglican Church of Australia Collegiate School Act 1885
Anglican Church of Australia (Diocesan Trustees) Act 1888
Anglican Church of Australia School Lands Act 1896
Anglican Church of Australia Lands Act 1914
Anglican Church of Australia Diocesan Trustees and Lands Act 1918
Anglican Church of Australia (Diocese of North West Australia) Act 1961
Anglican Church of Australia (Swanleigh land and endowments) Act 1979
By Authority: JOHN A. STRIJK, Government Printer