Western Australian Current Acts Western Australian Current ActsWHEREAS:
(a) by
notice in the Government Gazette published on 28 August 1877, certain land
then known as Denison Suburban Lot 6a, containing 4 047 square metres, was set
apart as Reserve No. 269 for the purpose of “Good Templar Lodge”;
(b) by
virtue of a grant made on 31 March 1880 under the provisions of the Land
Regulations of 22 May 1873 and 17 April 1874, the said land was given and
granted to Samuel Fortescue Moore, Merchant and Henry Fletcher Waldeck, Farmer
both of Dongara, in trust for the Society or Order called Good Templars at
Dongara for the purpose of promoting the objects of such Society in the cause
of temperance only;
(c) by
virtue of a grant made on 3 November 1880 under the provisions of the
aforesaid Land Regulations, certain land then known as Denison Suburban Lot 6,
containing 6 651.9 square metres and adjoining the said Denison Suburban Lot
6a, was given and granted to the aforesaid Samuel Fortescue Moore and Henry
Fletcher Waldeck in consideration of the sum of two pounds, thirteen shillings
and threepence sterling, and although no trust was disclosed on the said
grant, the Register of the Department of Lands and Surveys 2 records the land
as having been granted to “S. F. Moore and H. F. Waldeck Trustees Good
Templars”;
(d) on
25 August 1880 the said Denison Suburban Lot 6a was registered under the
provisions of the Transfer of Land Act 1874 in the names of the said Samuel
Fortescue Moore and Henry Fletcher Waldeck as Trustees for the Society of Good
Templars at Dongara and is now the whole of the land comprised in Certificate
of Title Volume VII Folio 96, which said land was on 31 August 1973
re-designated as Port Denison Suburban Lot 6a;
(e) on
18 August 1881 the said Denison Suburban Lot 6 was registered under the
provisions of the Transfer of Land Act 1874 in the names of the said Samuel
Fortescue Moore and Henry Fletcher Waldeck and is now the whole of the land
comprised in Certificate of Title Volume VIII Folio 84, which said land was on
31 August 1973 re-designated as Port Denison Suburban Lot 6 and portion of
which said land, amounting to 994 square metres, was on 15 September 1972
resumed pursuant to the provisions of the Public Works Act 1902 ;
(f) the
said Henry Fletcher Waldeck died on 17 June 1883 and the said Samuel Fortescue
Moore died on 9 May 1921, since when no other trustees have been appointed in
their stead and no other proprietor of the aforesaid lands has been registered
by way of transmission or otherwise;
(g) the
Society or Order called Good Templars at Dongara was never incorporated, no
records or minutes of its meetings can be found, the duplicates of the
aforesaid Certificates of Title have been lost without trace and no direct
link can be established between the said defunct Society or Order and any
other institution formed for the purpose of promoting the cause of temperance;
(h) the
cause of temperance in Western Australia is now conducted by the West
Australian Temperance Alliance Incorporated, an association incorporated under
the Associations Incorporation Act 1895 on 19 October 1904 as the City Band of
Hope & Temperance League, which name was changed on 26 November 1906 to
the West Australian Alliance Incorporated and again on 13 February 1953 to its
present name; and
(i)
the Western Australian Temperance Alliance Incorporated
desires and it is deemed proper and fitting in the circumstances, that Reserve
No. 269 be cancelled and that Port Denison Suburban Lot 6a and the unresumed
portion of Port Denison Suburban Lot 6 be revested in Her Majesty as of her
former estate and removed from the operation of the Transfer of Land Act 1893
to enable a Crown Grant of the said lands to be made to the said West
Australian Temperance Alliance Incorporated in trust for a site for a
temperance institution.
Be it enacted by the Queen’s Most Excellent Majesty, by and with the
advice and consent of the Legislative Council and the Legislative Assembly of
Western Australia, in this present Parliament assembled, and by the authority
of the same, as
follows: -