Roman Catholic Church Lands Act 1985

An Act to divest certain estates and interests in certain freehold and leasehold land and the improvements thereon from certain registered proprietors and lessees and, according to the location of the land, to vest estates and interest in the land in the Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane, the Roman Catholic Trust Corporation for the Diocese of Townsville, the Corporation of the Roman Catholic Diocese of Toowoomba or the Roman Catholic Trust Corporation for the Diocese of Rockhampton in each case freed and discharged from any trusts upon which the land is held, to provide for the similar divesting and vesting of other land and for related purposes

Long title amd 1986 s 7

Preamble

Whereas certain estates and interests in freehold and leasehold land set out and described in the schedules are held in the names of various registered proprietors and lessees on behalf of the Roman Catholic Church.

And whereas as far as can be ascertained all those registered proprietors and lessees are deceased.

And whereas the Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane constituted under the Religious Educational and Charitable Institutions Act 1861 (repealed) is authorised to hold land for the Roman Catholic Church in the Brisbane Archdiocese.

And whereas it is desirable to vest such of the land as is located in the Brisbane Archdiocese in the Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane freed and discharged from any trusts upon which that land is presently held.

And whereas the Roman Catholic Trust Corporation for the Diocese of Townsville constituted under the Religious Education and Charitable Institutions Act 1861 (repealed) is authorised to hold land for the Roman Catholic Church in the Townsville Diocese.

And whereas it is desirable to vest such of the land as is located in the Townsville Diocese in the Roman Catholic Trust Corporation for the Diocese of Townsville freed and discharged from any trusts upon which the land is presently held.

And whereas the Corporation of the Roman Catholic Diocese of Toowoomba constituted under the Religious Education and Charitable Institutions Act 1861 (repealed) is authorised to hold land for the Roman Catholic Church in the Toowoomba Diocese.

And whereas it is desirable to vest such of the land as is located in the Toowoomba Diocese in the Corporation of the Roman Catholic Diocese of Toowoomba freed and discharged from any trusts upon which the land is presently held.

And whereas the Roman Catholic Trust Corporation for the Diocese of Rockhampton constituted under the Religious Education and Charitable Institutions Act 1861 (repealed) is authorised to hold land for the Roman Catholic Church in the Rockhampton Diocese.

And whereas it is desirable to vest such of the land as is located in the Rockhampton Diocese in the Roman Catholic Trust Corporation for the Diocese of Rockhampton freed and discharged from any trusts upon which the land is presently held.

Preamble amd 1986 s 6

1Short title

This Act may be cited as the Roman Catholic Church Lands Act 1985.

1ADefinition

In this Act—

time the land is prescribed, for land specified in a schedule, means—

(a)if the land was specified in Schedule 1, 2 or 3 on the commencement of this Act—the time this Act commenced; or

(b)if the land was specified in Schedule 4 on the commencement of the Roman Catholic Church Lands Act Amendment Act 1986—the time that Act commenced; or

(c)if the Schedule was or is amended by another law by inserting a description of the land—the time the law commenced or commences.

s 1A ins 1994 No. 15s 3sch 1

2Vesting of certain land in the Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane

The estate and interest in the land set out and described in Schedule 1 and any improvements thereon is hereby divested from each person who, at the time the land is prescribed, is the registered proprietor or lessee and vests in the Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane constituted under the Religious Educational and Charitable Institutions Act 1861 (repealed) completely freed and discharged from the trusts (if any) under which the land is presently held.

s 2 amd 1994 No. 15s 3sch 1

3Vesting of certain land in the Roman Catholic Trust Corporation for the Diocese of Townsville

The estate and interest in the land set out and described in Schedule 2 and any improvements thereon is hereby divested from each person who, at the time the land is prescribed, is the registered proprietor or lessee and vests in the Roman Catholic Trust Corporation for the Diocese of Townsville constituted under the Religious Educational and Charitable Institutions Act 1861 (repealed) completely freed and discharged from the trusts (if any) under which the land is presently held.

s 3 amd 1994 No. 15s 3sch 1

4Vesting of certain land in the Corporation of the Roman Catholic Diocese of Toowoomba

The estate and interest in the land set out and described in Schedule 3 and any improvements thereon is hereby divested from each person who, at the time the land is prescribed, is the registered proprietor or lessee and vests in the Corporation of the Roman Catholic Diocese of Toowoomba constituted under the Religious Educational and Charitable Institutions Act 1861 (repealed) completely freed and discharged from the trusts (if any) under which the land is presently held.

s 4 amd 1994 No. 15s 3sch 1

4AVesting of certain land in the Roman Catholic Trust Corporation for the Diocese of Rockhampton

The estate and interest in the land set out and described in Schedule 4 and any improvements thereon is hereby divested from each person who, at the time the land is prescribed, is the registered proprietor or lessee and vests in the Roman Catholic Trust Corporation for the Diocese of Rockhampton constituted under the Religious Educational and Charitable Institutions Act 1861 (repealed) completely freed and discharged from the trusts (if any) under which the land is presently held.

s 4A ins 1986 s 2

amd 1994 No. 15s 3sch 1

5Duty of Registrar of Titles and others

(1)The Registrar of Titles, a mining warden or other person required by any Act or law to record particulars in a register or to make or enter any note or memorial on any certificate or other instrument of title to land shall, upon receipt of a duly completed request in that behalf by the relevant corporation, payment of the appropriate fees (if any) and production of all relevant certificates or other instruments of title and, if any certificate of other instrument of title is missing, a duly completed statutory declaration stating the reasons for the failure to produce that certificate or other instrument, give effect in the register to the divesting and the vesting in accordance with this Act by making every recording entry, cancellation and correction in any register, record or book in his or her custody or under his or her control and do and execute such other acts, matters and things as to him or her appear necessary and proper.

(2)For the purposes of this section—

relevant Corporation means—

(a)in relation to land described in Schedule 1—the Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane;

(b)in relation to land described in Schedule 2—the Roman Catholic Trust Corporation for the Diocese of Townsville;

(c)in relation to land described in Schedule 3—the Corporation of the Roman Catholic Diocese of Toowoomba;

(d)in relation to land described in Schedule 4—the Roman Catholic Trust Corporation for the Diocese of Rockhampton.

s 5 amd 1986 s 3; 1986 No. 26s 4 sch

section 2 of this Act

sch 1 amd order pubd gaz 7 October 1989 p 1046; 1994 No. 15 s 3sch 1; 1996 No. 56 s 175; 2013 No. 62 s 56

section 3 of this Act

section 4 of this Act

section 4A of this Act

sch 4 ins 1986 s 5

amd order pubd gaz 14 May 1988 p 394