Version No. 001
Bendigo Art Gallery Site Act 1891
Act No. 1227/1891
Version incorporating amendments as at 8 August 2000
TABLE OF PROVISIONS
Section
1.
2.
3.
4.
5.
Short title
Council of Defence to transfer to Bendigo Art Gallery Trust
Trust and condition on which land to be held
Land on re-entry to revert to Crown
On proof of re-entry Commissioner may delete folio and make
vesting order
__________________
Page
2
2
2
3
4
SCHEDULES
5
SCHEDULE 1
5
SCHEDULE 2
6
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ENDNOTES
8
1. General Information
8
2. Table of Amendments
9
3. Explanatory Details
10
i
Version No. 001
Bendigo Art Gallery Site Act 1891
Act No. 1227/1891
Version incorporating amendments as at 8 August 2000
An Act to authorize the Council of Defence to transfer certain
Land to the Trustees of the Bendigo Art Gallery.
Preamble
WHEREAS the land described in the First
Schedule to this Act was together with other land
in accordance with the provisions of section
fourteen of The Discipline Act 1883 duly
conveyed to and vested in the Council of Defence
of the colony of Victoria by a certificate of title
dated 28th July, 1884, registered in the registerbook of the Office of Titles vol. 1599 fol. 319751
in the names of The Hon. F. T. Sargood, Alan
Broderick Thomas, Thomas Robert Disney, Robert
Fullarton, George Napier Turner, and John
Montgomery Templeton by the said Act created
the Council of Defence:
AND WHEREAS the said Council has ever since
been and still is the registered proprietor of the
land comprised in the said certificate of title free
from encumbrances:
AND WHEREAS it has been found that the piece
of land specified in the said schedule is not and
will not be wanted for the purposes of the Council
of Defence and it is expedient that it should be
appropriated to other purposes:
AND WHEREAS it is expedient that the land
comprised in the said First Schedule be discharged
from all trusts now subsisting in favour of the
Council of Defence and that such land be made to
vest in the trustees of the Trust registered under
Part III of the Trusts Act 1890 and known as
1
Bendigo Art Gallery Site Act 1891
s. 1
Act No. 1227/1891
Bendigo Art Gallery Trust to be maintained and
used by the said Trust as a site for an Art Gallery
freed from the control of the Council of Defence
but subject as hereinafter declared:
AND WHEREAS the objects of this Act cannot be
effected without the authority of Parliament:
BE IT THEREFORE ENACTED by the Queen's Most
Excellent Majesty by and with the advice and consent of the
Legislative Council and the Legislative Assembly of Victoria
in this present Parliament assembled and by the authority of
the same as follows (that is to say):
1. Short title
This Act may be cited as the Bendigo Art
Gallery Site Act 1891.
S. 2
amended by
No. 18/1989
s. 13(Sch. 2
item 8(a)).
2. Council of Defence to transfer to Bendigo Art
Gallery Trust
The Council of Defence is hereby authorized and
directed to transfer to the registered trustees for
the time being of the said Bendigo Art Gallery
Trust the land specified in the First Schedule to
this Act such transfer to be expressed to be made
in consideration and pursuance of and subject to
the provisions of this Act, and the Registrar of
Titles is hereby authorized and directed to register
such transfer in the manner prescribed by the
Transfer of Land Act 1958 for registration of
transfers and thereupon to create a folio of the
Register in which the trustees for the time being of
the said Trust are recorded as registered
proprietors of the said land.
3. Trust and condition on which land to be held
From and after the registration of the transfer
mentioned in the last preceding section of the Act
the land comprised in the First Schedule to this
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Bendigo Art Gallery Site Act 1891
Act No. 1227/1891
Act shall be freed and discharged from all trusts
estate interest right title claim and demand of the
Council of Defence and from all trusts subsisting
in favour of the said Council; and such land
subject to the reservations and exceptions set forth
in the Second Schedule to this Act and such other
reservations conditions and exceptions (if any) as
the Governor in Council may previously to the
issue of a certificate of title under the last
preceding section direct to be set forth in such
certificate shall vest in the trustees or trustee for
the time being of the Bendigo Art Gallery Trust
and together with the muniments of title therefor
shall be held by such trustees or trustee upon and
subject to the trust and with the restricted power to
mortgage set forth in the said schedule and subject
also to the condition of re-entry by Her Majesty
her heirs and successors set forth in the said
schedule.
4. Land on re-entry to revert to Crown
In the event of re-entry being made upon the said
land by or on behalf of Her Majesty her heirs or
successors under the condition of re-entry set forth
in the Second Schedule to this Act, the said land
shall thereupon be deemed to be held by the then
registered proprietors thereof in trust for Her
Majesty her heirs and successors as Crown land
subject to be dealt with under any Act for the time
being in force relating to the sale leasing or
occupation of Crown lands free and discharged
from all powers and privileges then subsisting in
favour of the said Bendigo Art Gallery Trust
under this Act, but subject and without prejudice
to any duly authorized encumbrance then
subsisting affecting the said land and
hereditaments or any portion thereof.
3
s. 4
Bendigo Art Gallery Site Act 1891
s. 5
S. 5
amended by
No. 18/1989
s. 13(Sch. 2
item 8(b)).
Act No. 1227/1891
5. On proof of re-entry Commissioner may delete folio
and make vesting order
Upon application being made for that purpose to
the Registrar of Titles by the Board of Land and
Works on behalf of Her Majesty her heirs or
successors and upon proof being made to the
satisfaction of the Commissioner of Titles of
re-entry having been duly made under and in
accordance with the condition of re-entry in the
Second Schedule to this Act, the Commissioner
may make an order for the deletion of the folio of
the Register in which the trustees of the Bendigo
Art Gallery Trust are recorded as registered
proprietors in accordance with this Act and for
vesting the land included in that folio in Her
Majesty Her heirs and successors subject only to
any duly authorized subsisting encumbrances; and
the Registrar of Titles must make any recordings
in the Register that are necessary to give effect to
the order and may call in any relevant certificate
of title; and from and after the deletion of the folio
from the Register by the Registrar of Titles the
land comprised in that folio shall be free and
discharged from all trusts subsisting in favour of
the Bendigo Art Gallery Trust.
__________________
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Bendigo Art Gallery Site Act 1891
Act No. 1227/1891
Sch. 1
SCHEDULES
FIRST SCHEDULE
Description of land to be transferred by the Council of Defence and vested in
trustees upon Trust for the Bendigo Art Gallery
One rood nine and a half perches, county of Bendigo, parish of Sandhurst,
city of Bendigo, being allotment 6 and part of allotment 5, section 89C:
Commencing at the south angle of said allotment 6; bounded thence by Parklane bearing N. 36º 42' E. two hundred and fifty links; thence by lines bearing
respectively N. 53º 18' W. one hundred and twenty-three and ninety-two
hundredths links, S. 37º 36' 10" W. ninety-eight and nine-tenths links,
S. 32º 59' 15" W. fifty-seven and six-tenths links, and S. 37º 49' 20" W.
ninety-three and fifty-two hundredths links; and thence by View-street
bearing S. 53º 18' E. one hundred and seventy-three and sixty-seven
hundredths links to the commencing point.
_______________
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Sections 2, 3.
Bendigo Art Gallery Site Act 1891
Sch. 2
Sections 3,
4, 5.
Act No. 1227/1891
SECOND SCHEDULE
Reservation and Exception, Trust, Condition, and Power to mortgage subject
to which the land described in the First Schedule is transferred to and
vested in the trustees of the Bendigo Art Gallery Trust.
Reservation and Exception—A reservation and exception unto Her Majesty
Queen Victoria her heirs and successors of all gold silver and coal with full
and free liberty and power to search and dig for win work and take away the
same, and with the right of full and free ingress egress and regress into out of
and upon the land comprised in the First Schedule to this Act for such
purposes. And also a reservation and exception of the use of all such parts (if
any) of the said land as shall be at any time required for making railways
canals water-courses reservoirs drains or sewers over in upon or through the
same with full and free liberty of ingress egress and regress into out of and
upon the said land for such purposes. And also a reservation and exception
unto Her Majesty's subjects and people in the said colony of the public use of
all such parts (if any) of the said land as shall from time to time be
proclaimed as or otherwise become a public highway or thoroughfare.
Trust—A trust that the said land and buildings for the time being thereon
shall be at all times hereafter so long as the same shall continue vested in the
said trustees or trustee maintained and used as and for an art gallery and
offices and conveniences connected therewith (including exhibitions of art
productions and also including instruction in drawing and painting) and for
no other purpose whatsoever under and in accordance with such regulations
as shall from time to time be made or approved of by the Governor in
Council, and in the meantime under and in accordance with such rules as
shall from time to time be made by the members of the Bendigo Art Gallery
Trust and which shall not be inconsistent with the purposes of the said Trust
and the reservations exceptions trusts covenants and conditions set forth in
this schedule.
Condition—A condition that if the Bendigo Art Gallery Trust shall be
dissolved or by any means become extinct and be no longer existent or if the
trustees thereof shall without the consent of the Governor in Council permit
or suffer the said land and premises or any part thereof to be used for or
applied to any other than the purposes of the above-mentioned Trust or
permit or suffer the buildings thereon to become out of proper substantial
tenantable repair and condition or shall without a like consent alienate or
attempt to alienate in fee simple or for any less estate or interest the said land
and buildings or any part thereof save and except under and in pursuance of
some law hereafter in force within the said colony of Victoria or shall do or
suffer anything whereby the relaty of the Bendigo Art Gallery Trust would
become liable to be seized or sold under any legal process to satisfy any debt
or liability of the said Trust, it shall be lawful for Her Majesty her heirs and
successors by any person or persons duly authorized in that behalf by the
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Bendigo Art Gallery Site Act 1891
Act No. 1227/1891
Governor in Council to re-enter upon the said land or any part thereof in the
name of the whole and thereafter hold possess and enjoy the same as fully
and effectually to all intents and purposes as if the same had never been
alienated from the Crown.
Power—Power from time to time with the approval of the Governor in
Council to borrow money by way of mortgage without power of sale on the
said land and premises, any money so borrowed to be applied for the
purposes or requirements of the Bendigo Art Gallery Trust and for no other.
Provided always that no money shall be so borrowed except with the consent
first obtained of a majority of the members of the Bendigo Art Gallery Trust
who shall be present at a meeting convened by notice advertised at least once
in each of four consecutive weeks in a newspaper published or circulating in
the city of Bendigo, such notice to specify the business to be transacted at the
meeting and fix a time and place for the holding of such meeting, such time
not being less than one month from the date of the first of such
advertisements.
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Sch. 2
Bendigo Art Gallery Site Act 1891
Endnotes
Act No. 1227/1891
ENDNOTES
1. General Information
The Bendigo Art Gallery Site Act 1891 was assented to on 22 December
1891 and came into operation on 22 December 1891.
8
Bendigo Art Gallery Site Act 1891
Act No. 1227/1891
2. Table of Amendments
This Version incorporates amendments made to the Bendigo Art Gallery
Site Act 1891 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Transfer of Land (Computer Register) Act 1989, No. 18/1989
Assent Date:
6.5.89
Commencement Date:
3.2.89: Government Gazette 18.12.91 p. 3488
Current State:
All of Act in operation
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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Endnotes
Bendigo Art Gallery Site Act 1891
Endnotes
Act No. 1227/1891
3. Explanatory Details
No entries at date of publication.
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