Anglican Church of Australia Lands Act 1914
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·removed (because it was repealed or deleted from the law); or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 3 May 2002
Anglican Church of Australia Lands Act 1914
CONTENTS
1.Short title1
2.Validation of grants of land to Church1
3.Trustees may sell, mortgage or lease lands1
4.Protection of purchasers and others2
5.Approval of Governor in certain cases2
6.Previous sales etc. of land validated3
Notes
Compilation table4
Reprinted under the Reprints Act 1984 as at 3 May 2002
Western Australia
Anglican Church of Australia Lands Act 1914
An Act to validate grants of land made for the benefit of the Church of England 2, and to authorise and validate the disposal by sale or otherwise of lands granted by the Crown to or for the said Church.
This Act may be cited as the Anglican Church of Australia Lands Act 1914 1.
[Section 1 amended by No. 121 of 1976 s. 7.]
2.Validation of grants
All grants of land heretofore made or purporting to be made of lands of the Crown to or for the benefit of the Branch of the Church of England in Western Australia 3, or to any person or body in trust or for the purposes of such church, whether such grants were expressed or intended to be made for church sites or for ecclesiastical purposes or otherwise howsoever, are hereby validated and confirmed.
3.Trustees may sell, mortgage
Subject to any Statute of the Synod of the Anglican Church of Australia so far as it is in the State 4 and to this Act, The Perth Diocesan Trustees 5 —
(i)may sell any lands granted by the Crown and held in trust for the said Church or for any of the purposes thereof, and transfer or otherwise assure the same to a purchaser freed and absolutely discharged from any trusts to which the said lands may be subject;
(ii)may mortgage such lands to secure moneys lawfully borrowed, and for the purposes of such security assure such lands to the mortgagee and his assigns freed and discharged from any such trusts as aforesaid;
(iii)may, notwithstanding any such trusts, lease any such 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 they may think fit.
[Section 3 amended by No. 34 of 1918 s. 11; No. 4 of 1960 s. 5; No. 121 of 1976 s. 7.]
4.Protection of purchasers and others
No purchaser, mortgagee, or lessee of any such lands shall be bound or concerned to inquire whether any power of sale, mortgage, or lease was duly and regularly made or exercised, or in anywise to see to the application of any purchase, mortgage, or other moneys or to inquire into the necessity, regularity, or propriety of any such sale, mortgage, or lease, or be affected by notice that the same is or are irregular, unnecessary, or improper, subject, however, to the provisions of the next following section.
5.Approval of Governor in certain cases
No assurance on sale or mortgage or lease for a term exceeding 21 years of lands granted by the Crown without pecuniary consideration therefor shall be valid unless approved by the Governor and countersigned by him as approved.
Provided that in the case of a subdivision of any such lands for the purpose of sale, it shall be sufficient compliance with this section if such approval be endorsed on the plan of such subdivision deposited or to be deposited in the Department within the meaning of the Transfer of Land Act 1893.
[Section 5 amended by No. 34 of 1918 s. 9; No. 81 of 1996 s. 153(2).]
6.
All sales, mortgages, leases, and assurances of any such lands as aforesaid heretofore made or intended to be made in good faith by the said Trustees are hereby validated and confirmed.
Notes
1This reprint is a compilation as at 3 May 2002
|
Short title |
Number and year |
Assent |
Commencement |
|
Church of England Lands Act 1914 6 |
10 of 1915 |
18 Feb 1915 |
18 Feb 1915 |
|
Church of England Diocesan Trustees and Lands Act 1918 s. 9 and 11 7 |
34 of 1918 |
24 Dec 1918 |
24 Dec 1918 |
|
Church of England in Australia Constitution Act 1960 s. 5 |
4 of 1960 |
6 Oct 1960 |
1 Jan 1962 (see s. 2 and Gazette 24 Nov 1961 p. 3223) |
|
Anglican Church of Australia Act 1976 s. 7 |
121 of 1976 |
1 Dec 1976 |
24 Aug 1981 (see s. 2(2) and Gazette 30 Jan 1981 p. 441) |
|
Transfer of Land Amendment Act 1996 s. 153(2) |
81 of 1996 |
14 Nov 1996 |
14 Nov 1996 (see s. 2(1)) |
2The name “Church of England” was changed to “Anglican Church of Australia” by No. 121 of 1976 s. 7. This reference to the former name is left unamended because of the context.
3Under the Anglican Church of Australia Constitution Act 1960 s. 5 a reference to “the Branch of the Church of England in Western Australia” is to be construed as a reference to the Church of England in Australia so far as it is in the State. The name of the “Church of England” was changed to the “Anglican Church of Australia” by No. 121 of 1976 s. 7. This reference to the former name has not been changed due to its context.
4Formerly referred to the “Branch of the Church of England in Western Australia”. See note 3. Reference changed under the Reprints Act 1984 s. 7(3)(h).
5Formerly 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).
6Now cited as the Anglican Church of Australia Lands Act 1914; short title changed by No. 121 of 1976 s. 7.
7Now cited as the Anglican Church of Australia Diocesan Trustees and Lands Act 1918. Short title changed by No. 121 of 1976 s. 7.
8Other 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 Lands Vesting Act 1892
Anglican Church of Australia School Lands Act 1896
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