Victorian Legislation and Parliamentary Documents
Scots' Church Properties (Amendment) Act 2003
Act No. 87/2003
TABLE OF PROVISIONS
Section
1.
2.
3.
4.
5.
6.
Purpose
Commencement
Principal Act
New section 4A inserted
4A.
Variations to the Scots' Church trust deed
Fees for inspection and copies of Trust Deed
New sections 8 and 9 inserted
8.
Right of carriageway extinguished
9.
Duties of Registrar
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ENDNOTES
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Victorian Legislation and Parliamentary Documents
Victoria
No. 87 of 2003
Scots' Church Properties (Amendment)
Act 2003†
[Assented to 11 November 2003]
Preamble
Under the Scots' Church Properties Act 1891
certain lands are expressed to be held by Trustees
for the congregation of the Presbyterian Church of
Victoria known as "The Scots' Church" Melbourne
upon the trusts and subject to the restrictions
contained in provisions of The Scots' Church Trust
Deed.
Particular restrictions in the Trust Deed apply to
the lands described as the "church site" and the
"manse site".
The lands described in the Trust Deed as the
"manse site" were transferred to the Presbyterian
Church of Victoria Trusts Corporation on
17 December 1913.
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Scots' Church Properties (Amendment) Act 2003
Victorian Legislation and Parliamentary Documents
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Act No. 87/2003
Parts of the lands described in the Trust Deed as
the "church site" are no longer required to be
included in the church site.
An additional area of land described in the Trust
Deed is required to be included in the church site.
It is expedient to vary the operation of the Trust
Deed to provide for a new description of the
church site excluding the lands that are no longer
required to be included in that site and including
the additional area required to be included in that
site.
The Trust Deed created a right of carriageway over
certain land that is no longer required.
It is expedient to vary the Trust Deed to extinguish
that right of carriageway.
The Trust Deed restricts the power of the Trustees
to lease or renew a lease of certain lands to a
period of 50 years.
It is expedient to remove the restriction in the Trust
Deed to allow the Trustees to lease land for more
than 50 years.
The Parliament of Victoria therefore enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Scots' Church Properties Act 1891 to alter the
operation of the Scots' Church trust deed in
relation to certain lands.
2. Commencement
(1) This Act (except section 4) comes into operation
on the day on which it receives the Royal Assent.
(2) Section 4 comes into operation on the day after
the day on which this Act receives the Royal
Assent.
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Scots' Church Properties (Amendment) Act 2003
Act No. 87/2003
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Victorian Legislation and Parliamentary Documents
3. Principal Act
In this Act the Scots' Church Properties Act
1891 is called the Principal Act.
4. New section 4A inserted
After section 4 of the Principal Act insert—
'4A. Variations to the Scots' Church trust deed
(1) On and from the commencement of section 4
of the Scots' Church Properties
(Amendment) Act 2003 the Scots' Church
trust deed has effect subject to the following
variations—
(a) any reference in the trust deed to the
lands and hereditaments described in
the Schedule to the trust deed is
deemed to be a reference to the lands
described in the following folios of the
Register—
(i) Volume 3166 folio 093;
(ii) Volume 3166 folio 094;
(iii) Volume 5294 folio 656;
(iv) Volume 5294 folio 657; and
(b) any reference in the trust deed to the
church site or to any land described as
the church site is deemed to be a
reference to—
3
See:
Act No.
1214/1891
and
amending
Act No.
18/1989.
LawToday:
www.dms.
dpc.vic.
gov.au
Scots' Church Properties (Amendment) Act 2003
Victorian Legislation and Parliamentary Documents
s. 5
Act No. 87/2003
(i) the land described in folio of the
Register Volume 5294 folio 656
(excluding the lands coloured blue
on the new plan); and
(ii) the land coloured red on the new
plan; and
(c) the powers conferred on the trustees or
trustee to demise lands and to grant
renewals of leases of lands apply as if
the words "not exceeding fifty years"
and "not exceeding the period
aforesaid" were omitted.
(2) On and from the commencement of section 4
of the Scots' Church Properties
(Amendment) Act 2003 any reference in
section 4 of this Act to the Scots' Church
trust deed is to be construed as a reference to
that deed as varied by this section.
(3) In this section "new plan" means the plan
numbered LEGL 03./107 and lodged in the
Central Plan Office maintained under the
Survey Co-ordination Act 1958.'.
5. Fees for inspection and copies of Trust Deed
(1) In section 5 of the Principal Act for "sum of one
shilling" substitute "relevant fees".
(2) At the end of section 5 of the Principal Act
insert—
"(2) In this section "relevant fees" means the
fees for the time being payable under
section 16 of the Property Law Act 1958
for inspecting deeds deposited under
section 15 of that Act and making copies of
them.".
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Scots' Church Properties (Amendment) Act 2003
Act No. 87/2003
Victorian Legislation and Parliamentary Documents
6. New sections 8 and 9 inserted
After section 7 of the Principal Act insert—
'8. Right of carriageway extinguished
(1) On and from the commencement of section 6
of the Scots' Church Properties
(Amendment) Act 2003 the Scots' Church
trust deed has effect as if any reference to a
right of carriage way over the roads coloured
brown on the plan in the trust deed were
omitted.
(2) On and from the commencement of section 6
of the Scots' Church Properties
(Amendment) Act 2003 any reference in
section 4 of this Act to the Scots' Church
trust deed is to be construed as a reference to
that deed as varied by this section.
(3) On the commencement of section 6 of the
Scots' Church Properties (Amendment)
Act 2003—
(a) the rights of carriageway over the roads
coloured brown on the plan in the trust
deed and over the roads on the lands
coloured brown and coloured red on the
new plan are extinguished; and
(b) those roads cease to be roads; and
(c) all rights, easements and privileges
existing or claimed in the roads either
in the public or by any body or person
as incident to any express or implied
grant, or past dedication or supposed
dedication or by user or operation of
law or otherwise, cease.
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s. 6
Scots' Church Properties (Amendment) Act 2003
Victorian Legislation and Parliamentary Documents
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Act No. 87/2003
(4) In this section "new plan" means the plan
numbered LEGL 03./107 and lodged in the
Central Plan Office maintained under the
Survey Co-ordination Act 1958.
9. Duties of Registrar
The Registrar of Titles, on production of the
relevant certificates of title, must make any
recordings in the Register that are necessary
to give effect to section 8.'.
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Scots' Church Properties (Amendment) Act 2003
Act No. 87/2003
Victorian Legislation and Parliamentary Documents
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 18 September 2003
Legislative Council: 28 October 2003
The long title for the Bill for this Act was "to amend the Scots' Church
Properties Act 1891 to alter the operation of The Scots' Church Trust
Deed in relation to certain lands and for other purposes."
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Endnotes