The Uniting Church in Australia Act 1977 (SA)

South Australia The Uniting Church in Australia Act 1977 An Act to facilitate the union of various Christian churches and the formation by that Union of a single church to be known as The Uniting Church in Australia; to constitute The Uniting Church in Australia Property Trust (S.A.); to define its powers, authorities, duties and functions; and to provide for the vesting of certain property in The Uniting Church in Australia Property Trust (S.A.) and for purposes connected therewith. Contents Part 1—Preliminary 1 Short title 5 Interpretation Part 2—Inauguration of the Church 6 Authority to unite 7 Name of church 8 Inaugurating Assembly 9 Adoption of Constitution 10 Amendment of Constitution Part 3—Constitution of the Trust 11 Constitution of Trust 12 Powers and duties of Trust 13 Quorum 14 Vacation of office 15 Casual vacancies 16 Common seal 17 Form and execution of certain contracts etc 18 Execution under seal by agent etc Part 4—Property 19 Saving provision 20 Smith of Dunesk and General Assembly (Clare Trust) Inc. 21 Vesting of certain property in the Trust 22 R.H. White Settlement—Vesting in Trust and alteration of trusts 23 Alteration of trusts in Will of J.H. Champness deceased 24 Construction of certain instruments 25 Resolution of ambiguities etc 26 Handing over of property by incorporated association 27 Dissolution 28 Power to alter rules of incorporated association 29 Waiver of certain conditions etc in certain Crown grants 30 Evidence 31 Certain rights enforceable by the Trust 32 Registration of interests of Trust in land Part 5—General 33 Claims for compensation upon compulsory acquisition etc 34 Receipt for certain moneys 35 Exoneration from enquiry 36 Service of documents 37 Trust may act as executor etc 38 Trust may hold property jointly 39 Regulations 40 Co-operative use of property 41 Saving provision 42 Power of Synod to alter trusts 43 Indemnifications of certain persons 44 Blending of Trust Funds 45 Powers of investment Schedule 1—The Basis of Union Schedule 4 Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the The Uniting Church in Australia Act 1977. 5—Interpretation In this Act, unless the contrary intention appears— appointed day means the day on which this Act comes into operation; the Assembly means the Assembly of the Church referred to in clause 15(e) of the Basis of Union and includes the Inaugurating Assembly; Basis of Union means the Basis of Union set forth in Schedule 1 to this Act; the Church means The Uniting Church in Australia; the Congregational Church means the Congregational Union of Australia, the Congregational Unions in each of the States of the Commonwealth, and includes the individual churches which have resolved to enter into union with the Methodist and Presbyterian Churches and any department, society, auxiliary, activity, fund, service, institution, or any interest of any such individual churches or Unions; conveyance includes transfer; disposition includes surrender or release; the Inaugurating Assembly means the first Assembly of the Church which is convened in accordance with the Basis of Union; incorporated association means an association incorporated under the Associations Incorporation Act 1956; the Methodist Church means the Methodist Church of Australasia and includes any congregation, circuit, department, society, auxiliary, activity, fund, service, institution or interest thereof save and except the Conferences of Fiji, Samoa and Tonga; the Presbyterian Church means the Presbyterian Church of Australia comprising the Presbyterian Church of Australia in the State of New South Wales, the Presbyterian Church of Victoria, the Presbyterian Church of Queensland, the Presbyterian Church of South Australia, the Presbyterian Church of Tasmania and the Presbyterian Church in Western Australia, subject to the Presbyterian Trusts Act 1971; the Presbyterian Church continuing to function after the appointed day means the Presbyterian Church continuing to function after the appointed day under the Scheme of Union of the 24th day of July, 1901, as amended, within the meaning of Schedule 3 to the Presbyterian Trusts Act 1971; prescribed association means an incorporated association referred to in Schedule 4 to this Act; prescribed Congregational Association means a prescribed association designated as a prescribed Congregational Association in Schedule 4 to this Act; prescribed Presbyterian Association means a prescribed association designated as a prescribed Presbyterian Association in Schedule 4 to this Act; property includes real and personal property and any estate or interest therein; the Synod means the Synod of the Church referred to in clause 15(d) of the Basis of Union within South Australia; the Trust means The Uniting Church in Australia Property Trust (S.A.) constituted by this Act; the Uniting Churches means the Congregational Church, the Methodist Church, and the Presbyterian Church, save and except those congregations of the Presbyterian Church continuing to function after the appointed day under the Scheme of Union of the 24th day of July, 1901, as amended, within the meaning of Schedule 3 to the Presbyterian Trusts Act 1971. Part 2—Inauguration of the Church 6—Authority to unite The Uniting Churches are hereby empowered to unite in accordance with the Basis of Union, such union to take effect from the appointed day. 7—Name of church The church formed by such union shall be denominated The Uniting Church in Australia. 8—Inaugurating Assembly The Inaugurating Assembly shall be deemed to have been validly convened. 9—Adoption of Constitution The Inaugurating Assembly may adopt a Constitution for the Church consistent with the Basis of Union. 10—Amendment of Constitution Notwithstanding anything in this Act, or in the Basis of Union, the Assembly may— (a) amend, alter, repeal or replace the Constitution adopted by the Assembly from time to time in accordance with the provisions made by the Constitution in that regard; and (b) resolve to enter into union with other branches of the Christian Church. Part 3—Constitution of the Trust 11—Constitution of Trust (1) A corporation entitled The Uniting Church in Australia Property Trust (S.A.) is hereby constituted. (2) The Trust shall consist of eight members, of whom— (a) one shall be the person holding or acting in the office of Moderator of the Synod; (b) one shall be the person holding or acting in the office of Secretary of the Synod; (c) one shall be the person holding or acting in the office of Property Officer of the Synod; (d) the others shall be appointed— (i) until the Synod makes its first appointment of members of the Trust—by the Inaugurating Assembly; and (ii) thereafter by the Synod. (3) A person appointed as a member of the Trust shall, upon the expiration of his term of office, be eligible for re-appointment. (5) Subject to this Act, a member of the Trust appointed by the Synod in pursuance of this section shall hold office until the end of the meeting of the Synod held in such calendar year (being no later than the third calendar year after the calendar year in which he was last appointed) as the Synod determines. (6) The Synod shall appoint one member of the Trust to be Chairman of the Trust and another member to be Secretary of the Trust. (7) In the absence of the Chairman from a meeting of the Trust, or in the event of there being a vacancy in the office of Chairman of the Trust when a meeting of the Trust is held, the members present at the meeting shall elect one of their number to act as Chairman at that meeting. 12—Powers and duties of Trust (1) The Trust shall have perpetual succession and a common seal and may enter into contracts, sue and be sued in its corporate name and may take and hold any real or personal property. (2) The Trust shall hold its property in trust for the Church in accordance with the provisions of this Act and notwithstanding anything in this Act or in the Basis of Union the determinations declarations and interpretations on matters of doctrine worship government and discipline made from time to time in accordance with the provisions of the Constitution for the Church for the time being in force in that regard. (3) Notwithstanding the provisions of any trust, but subject to this section, the Trust may— (a) acquire, hold, deal with and dispose of property of any kind; or (b) mortgage, charge or otherwise encumber any of its property; or (c) borrow moneys for the purposes of the Church. (4) The Trust shall observe any directions of the Assembly as to the exercise of its powers under this section. 13—Quorum Four members of the Trust shall constitute a quorum for the purpose of any meeting of the Trust and the decision of a majority of the members present and voting at any meeting of the Trust shall be the decision of the Trust. 14—Vacation of office A member of the Trust shall be deemed to have vacated his office if— (a) he dies; or (b) he resigns his office by notice in writing to the Moderator; or (c) he is physically or mentally incapable of properly carrying out the duties of a member of the Trust; or (d) in the case of a person who holds office as a member of the Trust ex officio—he ceases to hold the office by virtue of which he was entitled to membership of the Trust; or (e) he is removed by resolution of the Synod or its Standing Committee. 15—Casual vacancies Where a casual vacancy occurs in the membership of the Trust, the Standing Committee of the Synod may appoint a person to fill the vacancy until the end of the next meeting of the Synod. 16—Common seal (1) The members for the time being of the Trust shall have the custody of its common seal and, subject to this section, the form of the common seal and all other matters relating thereto shall be determined by the Trust. (2) The common seal of the Trust shall not be affixed to any instrument except in pursuance of a resolution passed at a duly convened meeting of the Trust and every instrument to which the common seal is so affixed shall be signed by not less than two members of the Trust. (3) An instrument purporting to have been sealed with the common seal of the Trust and purporting to have been signed by not less than two members of the Trust shall be deemed to have been executed in accordance with subsection (2) of this section. 17—Form and execution of certain contracts etc (1) Any deed, instrument, contract or agreement relating to any property or matter which if made or executed by an individual would be by law required to be in writing under seal may be made on behalf of the Trust in writing under the common seal of the Trust. (2) Any instrument, contract or agreement relating to any property or matter which if made by or between individuals would be required to be in writing signed by the parties to be charged therewith may be made on behalf of the Trust in writing by any person acting under its authority express or implied. (3) Any contract relating to any property or matter which if made between individuals would by law be valid although made by parol only (and not reduced to writing) may be made on behalf of the Trust by any person acting under its authority express or implied. (4) Any contract which is entered into or any instrument, contract or agreement which is signed on behalf of the Trust shall be deemed to have been entered into or signed with the express authority of the Trust, if it is entered into or signed in accordance with the resolution of the Synod for the time being in force pursuant to this Act. 18—Execution under seal by agent etc The Trust may, by writing under its common seal, expressly empower any person, in respect of any specific matter, as its agent or attorney to execute any deed, instrument, contract or agreement on its behalf, and any deed signed by such an agent or attorney on behalf of the Trust and under his seal shall bind the Trust and have the same effect as if it were under its common seal. Part 4—Property 19—Saving provision (1) Nothing in this Act shall divest of any property or prevent the vesting of any property in— (a) an incorporated association not being a prescribed association, except by virtue of section 26 of this Act; (b) The Spice Cottages Trust; (c) the trustees of the trust known as the Payneham and Dudley Park Cemeteries Trust under an instrument a memorial of which is registered in the General Registry Office No. 46 Book 469; (d) Scotch College, Adelaide; (e) Annesley College; (f) Prince Alfred College. (2) Subsections (4) and (5) of section 21 of this Act shall apply to property which would but for this section have vested in the Trust under that section in the same manner as though it had so vested, but not so as to free property from trusts for any of the uses referred to in subsection (4) of that section. (3) Nothing in subsection (3) of section 21 of this Act shall vest in the Trust any property to which the Presbyterian Church continuing to function after the appointed day is or becomes entitled. (4) Nothing in this Act shall deprive the Church or any of the Uniting Churches or the Presbyterian Church continuing to function after the appointed day of any rights by virtue of the operation of the Presbyterian Trusts Act 1971 and without limiting the generality of the foregoing the inclusion or exclusion of any incorporated association as a prescribed Presbyterian Association shall not deprive the Church or any of the Uniting Churches or the Presbyterian Church continuing to function after the appointed day of any right by virtue of the operation of the Presbyterian Trusts Act 1971. 20—Smith of Dunesk and General Assembly (Clare Trust) Inc. For the removal of doubts it is declared that this Act shall have no operation with respect to— (a) the property subject to a certain deed of gift made in 1853 between Henrietta Smith of Dunesk, Scotland and the Free Church of Scotland; or (b) property vested in the General Assembly (Clare Trusts) Inc. by virtue of the Will of Arthur Albert Harmer late of 109 Bruce Street Nedlands in the State of Western Australia Retired Teacher deceased, except any of such property to which the Church or any of the Uniting Churches is or becomes entitled otherwise than by virtue of the operation of this Act. Nothing in this section shall be construed so as to give this Act any application to any property which it would not otherwise have. 21—Vesting of certain property in the Trust (1) Subject to this Act, all property that immediately before the appointed day was vested in the Methodist Church (S.A.) Property Trust or any other person in trust for the Methodist Church is hereby divested from that person and is hereby vested (without conveyance) in the Trust and shall be held by the Trust in accordance with the provisions of this Act. (2) Subject to this Act, all property that immediately before the appointed day was vested in— (a) the Congregational Union of South Australia Incorporated; or (b) any other prescribed Congregational Association; or (c) any other person in trust for the Congregational Church, is hereby divested from that person and is hereby vested (without conveyance) in the Trust and shall be held by the Trust in accordance with the provisions of this Act. The whole of the land comprised in Certificate of Title Register Book Volume 873 Folio 20 is hereby divested from the Congregational Union of South Australia Incorporated and vested (without conveyance) in Torrensville Congregational Church Incorporated to be held in accordance with its rules. The whole of the land comprised in Certificate of Title Register Book Volume 1662 Folio 141 is hereby divested from the Congregational Chapel Building Society of South Australia Incorporated and vested (without conveyance) in Waitpinga Congregational Church Incorporated to be held in accordance with its rules. Without limiting the generality of the foregoing provisions of this subsection— (a) the whole of the land comprised in Certificate of Title Register Book Volume 826 Folio 168; and (b) the whole of the land comprised in Limited Certificate of Title Register Book Volume E Folio 116; and (c) the whole of the land comprised in Certificate of Title Register Book Volume 3168 Folio 167, is hereby divested from the persons entitled thereto and is hereby vested (without conveyance) in the Trust and shall be held by the Trust in accordance with the provisions of this Act freed and discharged from any trusts relating thereto. (3) Subject to this Act, and subject to all rights created or conferred by or pursuant to or otherwise by virtue of the operation of the provisions of the Presbyterian Trusts Act 1971 and, without restricting the generality of the foregoing, to section 20 of the said Act and clause 4 of Schedule 3 to the said Act, any property that immediately before the appointed day was vested in any person subject to The Presbyterian Church of South Australia Act or the Presbyterian Trusts Act 1971 or otherwise in trust for the Presbyterian Church or any congregation, board or committee of management, session, Presbytery, Committee, Council, board or other institution, organisation or section thereof or in any prescribed Presbyterian Association is hereby divested from that person and is hereby vested (without conveyance) in the Trust and shall be held by the Trust in accordance with the provisions of this Act. From and including the appointed day, property to which section 22 of the Presbyterian Trusts Act 1971 applies, other than property to or to the benefit of which the Presbyterian Church continuing to function after the appointed day is or becomes entitled by virtue of the operation of that section, shall by operation of this subsection be divested from the person in whom it is vested and vested (without conveyance) in the Trust and shall be held by the Trust in accordance with the provisions of this Act. Notwithstanding anything hereinbefore contained, this subsection shall come into operation on the day specified in that behalf by proclamation. (4) Subject to the provisions of this Act, all property which pursuant to this section becomes vested in the Trust is freed and discharged from all of the provisions and trusts of the Methodist Church (S.A.) Property Trust Act 1972, The Presbyterian Church of South Australia Act and the Presbyterian Trusts Act 1971, other than of section 23 of the Presbyterian Trusts Act 1971, and from any trust for the general purposes of any of the Uniting Churches. Property vested in the Trust pursuant to this section that was held immediately before it was so vested in the Trust for use as a place of worship, a manse, a church hall or other property appurtenant to a place of worship, manse or church hall shall be freed and discharged from any trusts for that use to which the property was subject immediately before it was vested in the Trust. Subject to the foregoing provisions of this subsection, a reference to any of the Uniting Churches in any trust relating to the property vested in the Trust shall be read and construed as though the reference were to the Church. (5) Subject to subsection (4) of this section, the vesting effected by this section shall be without prejudice to— (a) any special trust; and (b) any resulting trust; and (c) any trust in favour of a donor; and (d) any trust in favour of a person other than the Uniting Churches or any one or more of them; and (e) any reservation, mortgage, charge, encumbrance, loan or lease, that, immediately before the appointed day, affected the property vested. (6) No attornment to the Trust by any lessee of land vested in it by this section shall be necessary. (7) In this section— Presbyterian Church includes The Presbyterian Church of South Australia; special trust means any trust other than a trust for the general purposes of the Methodist, Congregational or Presbyterian Churches. 22—R.H. White Settlement—Vesting in Trust and alteration of trusts (1) All property that, immediately before the appointed day, was held by any person subject to the trusts of the R.H. White Settlement is hereby divested from that person and is hereby vested (without conveyance) in the Trust and shall be held by the Trust in accordance with the provisions of this Act. (2) The property vested in the Trust by this section together with all accretions and income shall be freed and discharged from the trusts of the R.H. White Settlement and shall be held by the Trust in trust for the promotion of Bible studies, and such other religious or educational purposes as the Synod directs. The provisions of this subsection shall apply as though substituted for the trusts of the R.H. White Settlement. (3) Where, immediately before the appointed day, there was vested in any person divested of property by subsection (1) of this section a right (including a chose in action) arising in law or in equity relating to that property or to the trusts of the R.H. White Settlement, the right is hereby vested in the Trust. (4) In this section the expression "the trusts of the R.H. White Settlement" means the trusts of the deed dated the 6th of May, 1927 made by Brian Wibberley, William Hutchinson Robinson, Frank Lade, Samuel Carroll Myers, John Grenfell Jenkin, John Henry Nield, William Alfred Langsford, Richard Henry White, Arthur Langsford, Arthur Randolph Uren, Hartley Gladstone Hawkins, Albert Ernest Clarkson, William John White and Shirley Williams Jeffries. 23—Alteration of trusts in Will of J.H. Champness deceased In the Will of John Henry Champness late of Brighton in the State of South Australia Retired Grazier deceased who died at North Adelaide in the State on the 25th day of August 1924 (the Will and five Codicils having been proved in the Supreme Court on the 8th day of September 1924 by the Executors therein named) the passage—"the President for the time being of the METHODIST CONFERENCE OF SOUTH AUSTRALIA to be applied in or towards payment of the fees and or maintenance of poor and deserving students in residence at or who desire to enter the Methodist Brighton College at Brighton aforesaid and who are unable to pay the fees in whole or in part as the Board or Committee of Management of the said College in their absolute discretion shall decide AND I DECLARE that my Trustees shall not be responsible to see to the application of the said income but the receipt of the President for the time being of the Methodist Conference of South Australia as aforesaid shall be a full and sufficient discharge to my Trustees therefor" shall be deemed to be deleted and the following passage shall be deemed to be substituted therefor—"the Moderator for the time being of the Synod of The Uniting Church in Australia within South Australia to be applied for the support of theological students in such manner as the Moderator thinks fit AND I DECLARE that my Trustees shall not be responsible to see to the application of the said income but that the receipt of the Moderator for the time being of the said Synod shall be a full and sufficient discharge to my Trustees therefor". 24—Construction of certain instruments (1) To the extent to which, by a deed, will or other instrument that takes effect on or after the appointed day, any property— (a) is devised, bequeathed, given, granted, released, conveyed or appointed to the Church or to a person (not being the Trust) for, or for the benefit of, or in trust for, the Church for the religious, social, educational or charitable work of the Church, or is declared or directed to be held by any person (not being the Trust) for, or for the benefit of, or in trust for, the Church or the religious, social, educational or charitable work of the Church; or (b) is recoverable by the Church or by any person (not being the Trust) for the Church; or (c) is payable to, or receivable by, the Church or any person (not being the Trust) on behalf of the Church or for the religious, social, educational or charitable work of the Church, the deed, will or other instrument shall be construed and take effect as if the reference therein to the Church, or as the case may be, to that person, were a reference to the Trust. (2) Any deed, instrument, document, gift, will or other provision in favour of or relating to the Methodist Church coming into effect on or after the appointed day shall be read and construed as though any reference therein to the Methodist Church were a reference to the Church. (3) Any deed, instrument, document, gift, will or other provision in favour of or relating to the Congregational Church coming into effect on or after the appointed day shall be read and construed as though any reference therein to the Congregational Church were a reference to the Church provided that— (a) any deed, instrument, document, gift, will or other provision in favour of or relating to an additional congregation which has been admitted to membership of the Church after the appointed day shall if it comes into operation after the date of admission to membership be read and construed as though any reference therein to the said additional congregation were a reference to the Church; (b) any deed, instrument, document, gift, will or other provision pursuant to which provision is made in favour of the Congregational Church by a member of an individual church which did not resolve to enter into union with the Methodist and Presbyterian Churches and which has not been admitted to membership of the Church shall be read and construed as a reference to the individual church of which the donor was or claimed to be a member at the time of the gift; (c) notwithstanding paragraph (b) of this subsection any special trust for a particular purpose of or relating to the Congregational Church shall where that purpose is at the time of the trust coming into effect being carried on solely by the Church be read and construed as vesting the property in the Trust for the said purpose. 25—Resolution of ambiguities etc Where by virtue of a provision of this Part a reference to a Uniting church is to be read and construed as a reference to the Church and any ambiguity or obscurity results from construing the reference in accordance with that provision, the Synod may give such directions as it considers necessary or expedient to resolve the ambiguity or obscurity and the reference shall thereafter be read and construed in accordance with that direction. 26—Handing over of property by incorporated association (1) An incorporated association may request the Synod to accept all or part of its property. (2) On acceptance by the Synod of the request the property of the incorporated association the subject of the request shall be divested from the incorporated association and vested (without conveyance) in the Trust and shall be held by the Trust in accordance with the provisions of this Act. Section 21 of this Act shall apply as though the property had vested upon the appointed day. (3) This section shall not of itself confer any authority on an incorporated association of the Presbyterian Church continuing to function after the appointed day, or any congregation, board or committee of management, session, Presbytery, Committee, Board or other institution, organisation or section thereof, to request the Synod to accept all or any part of its property under this section. 27—Dissolution (1) Where property of an incorporated association is vested in the Trust pursuant to this Act and the incorporated association thereby or partly thereby and partly by virtue of the operation of the Presbyterian Trusts Act 1971 ceases to have any property whatsoever the incorporated association shall be automatically dissolved. (2) Subject to the Presbyterian Trusts Act 1971 and, without limiting the generality of the foregoing, to sections 22 and 23 of that Act, a trust or other disposition in favour of an incorporated association so dissolved shall operate so as to vest the property in the Trust. (3) Without limiting the generality of section 31 of this Act, the Trust shall have and may exercise all the rights, powers and remedies which the dissolved incorporated association would have had had it not been dissolved and shall be subject (but only to the extent of the property vested in the Trust by this Act or property representing that property) to the liabilities and obligations to which the dissolved incorporated association would have been subject had it not been dissolved. (4) A certificate of the Property Officer of the Synod lodged with the Registrar of Companies that an incorporated association has been dissolved pursuant to this Act on a day specified therein shall be conclusive evidence of the facts so certified. 28—Power to alter rules of incorporated association (1) Notwithstanding anything contained in the rules of an incorporated association the rules may be altered with the consent of the Synod so that any reference therein to any of the Uniting Churches is altered to refer to the Church. (2) The rules shall be altered in accordance with the procedure laid down therein as nearly as is practicable. Anything to be done by any of the Uniting Churches for the purpose of altering the rules may be done by the Synod. (3) Where the rules do not provide for alteration they may with the consent of the Synod be altered for the purposes of this section by an instrument under the seal of the incorporated association. (4) Nothing in this section shall derogate from the operation of the Presbyterian Trusts Act 1971. 29—Waiver of certain conditions etc in certain Crown grants No title to any land vested in the Trust by this Act shall be held bad either at law or in equity by reason of any breach or non-performance before or after the appointed day of any condition, trust or proviso contained in the grant by the Crown of the land and every provision for forfeiture or reverter in respect of any such breach or non-performance shall be deemed to have been released by the Crown as from the date of Crown grant. 30—Evidence (1) Subject to subsection (2) of this section, a certificate under the common seal of the Trust to the effect that property therein specified is held by it upon trust for the Church shall, in all circumstances and all proceedings whether civil or criminal, be prima facie evidence that the property so specified is so held. (2) Subsection (1) of this section shall not apply in relation to any dispute concerning property between the Church and the Presbyterian Church continuing to function after the appointed day. 31—Certain rights enforceable by the Trust Subject to this Act, where any property is vested in the Trust pursuant to this Act, the Trust shall, in relation to that property, have and be subject to all the rights, powers, remedies, liabilities and obligations and may exercise and discharge, in relation to that property, all or any of the rights, powers and remedies which the person in whom the property was theretofore vested or by whom it was theretofore held would have had and been subject to and might have exercised and discharged in relation to that property if the property had not been divested from him and vested in the Trust. 32—Registration of interests of Trust in land (1) Where the Trust— (a) applies to the Registrar-General to be registered as the proprietor of an estate or interest in land; and (b) furnishes the Registrar-General with— (i) a certificate under the common seal of the Trust to the effect that the estate or interest has vested in the Trust in pursuance of this Act; and (ii) such duplicate certificates of title or other instruments as may be required by the Registrar-General, the Registrar-General shall, without further inquiry, and without fee, register the Trust as the proprietor of the relevant estate or interest. (2) No stamp duty shall be payable in respect of an application or certificate under subsection (1) of this section. Part 5—General 33—Claims for compensation upon compulsory acquisition etc Subject to any resolution or direction of the Assembly or of any Committee appointed by it for the purpose, the Trust may act in relation to the exchange, dedication or compulsory acquisition of any property vested in it, may make claims for compensation in respect thereof and may agree to and settle any such claims, for such considerations, and on and subject to any terms and conditions, as may appear advisable to it. 34—Receipt for certain moneys A receipt for moneys payable to the Trust shall exonerate the mortgagee, purchaser or other person by or on