Bendigo Art Gallery Site Act 1891

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)).

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.

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 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.

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.

S. 5 amended by No. 18/1989 s. 13(Sch. 2 item 8(b)).

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.

Schedules

First Schedule

Sections 2, 3.

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 Park-lane 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.

Second Schedule

Sections 3, 4, 5.

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 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.