Acts & Ordinances
Beacon Hill Sale Ordinance 2004
An ordinance to permit the sale of certain land and to permit other land to be leased or licensed with respect to the parish of Beacon Hill.
A The Anglican Church Property Trust Diocese of Sydney (the "Property Trust") is the trustee of the whole of the land contained in folio identifier 1/585261 and which is known as 9 Janice Place, Narraweena (the "Property").
B The Property Trust is also the trustee of the whole of the property at Oxford Falls Road, Oxford Falls, being the whole of the land in folio identifiers 2/309860 and A/355833 (the "New Rectory Land").
C The parish of Beacon Hill (the “Parish”) wishes to sell the Property and apply the proceeds towards the construction of a new rectory on the New Rectory Land and to carry out certain repairs to and modification of the existing church buildings of the Parish erected on land contained in folio identifier 1/814750 known as 7 Boyer Road, Beacon Hill (the “Church Land").
D The Beacon Hill Easement Ordinance 1998 recites that the Property is held on trust for the purposes of the Parish although no trusts have been declared in writing.
E The Narraweena and Oxford Falls Land Sale Ordinance 1975 recites that the New Rectory Land is held upon trust for the erection and maintenance of a church to be erected for the worship of Almighty God according to the use of the Church of England.
F By clause 1 of the Holy Trinity Beacon Hill Mortgage Ordinance 1976 the Church Land is held upon trust to permit the same to be used for a church, parsonage, parish hall or parish centre or partly for one and partly for another or others of such purposes in connection with the Church of England in Australia at Beacon Hill in the Parish of Beacon Hill or any parish, provisional parish or provisional district into which it may be subsequently formed.
G By reason of circumstances which have arisen after the creation of the trusts on which the Property, the New Rectory Land and the Church Land are held it is expedient to sell the Property and to lease or license the New Rectory Land and the Church Land.
The Standing Committee of the Synod of the Diocese of Sydney Ordains as follows.
This Ordinance is the Beacon Hill Sale Ordinance 2004.
By reasons of circumstances which have arisen after the creation of the trusts on which the Property, the New Rectory Land and the Church Land are held -
3. Sale of property
(1) The Property Trust is authorised to sell the Property within 3 years after the date of assent to this Ordinance and thereafter only with the consent of the Standing Committee given by resolution.
(2) Such sale may be by public auction or private agreement for such price and subject to such terms and conditions as the Property Trust considers appropriate.
4. Application of sale proceeds
(1) The costs of and incidental to this Ordinance and the sale of the Property are to be paid from the proceeds of sale of the Property.
(2) The remaining balance of the proceeds of sale are to be paid to the Property Trust and applied in the following order of priority -
(3) Pending the application of the proceeds of sale, the proceeds (or the remaining balance from time to time) are to be invested and all interest is to be capitalised.
5. Powers - Leasing and Licensing of Real Property
(1) With the written consent of the parish council of the Parish, the Property Trust may lease or licence any part of the Church Land and the New Rectory Land, except any part which is consecrated or licensed for use as a church, if the term of the lease or the licence (when aggregated with the term of any option to renew such lease or licence), does not exceed 5 years.
(2) Nothing in this clause limits the powers of the Property Trust under the Anglican Church Property Trust Ordinance 1965 or under any other ordinance.
6. Application of rental proceeds
(1) The rental proceeds arising from a lease or licence authorised by clause 5(1) (except the rental proceeds referred to in clause 6(2)) are to be paid to the Property Trust and applied as follows -
(2) The rental proceeds arising from a residential lease of any part of the New Rectory Land and the Church Land for a weekly rental which does not exceed $750 or such other amount as the Standing Committee determines by resolution are to be applied in accordance with clause 6(1)(b).
I Certify that the Ordinance as printed is in accordance with the Ordinance as reported.
I Certify that this Ordinance was passed by the Standing Committee of the Synod of the Diocese of Sydney on 29 March 2004.
I Assent to this Ordinance.
PETER F JENSEN
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