Acts & Ordinances
Wahroonga (St Paul’s) Trust Ordinance 2003
No 36, 2003
An Ordinance to vary the trusts on which certain property is held and
to establish the Wahroonga (St Paul’s) Trust.
A. Anglican Church Property Trust Diocese of Sydney (the "Property Trust") is the trustee of the property described in each of the cells in column 1 of the table in the Schedule (the "Existing Property").
B. The property described in a cell in column 1 of the table in the Schedule is held on the trusts described in the corresponding cell in column 2 of the Schedule.
C. By reason of circumstances which have arisen after the creation of the trusts on which the Existing Property is held, it is inexpedient to carry out and observe those trusts.
The Standing Committee of the Synod of the Diocese of Sydney Ordains as follows.
1. Name of this ordinance
This Ordinance is the Wahroonga (St Paul’s) Trust Ordinance 2003.
By reason of circumstances which have arisen after the creation of the trusts on which the Existing Property is held, it is inexpedient to carry out and observe those trusts, and
3. Definition of "trust fund"
In this Ordinance -
"trust fund" means -
4. Name of the trust fund
The trust fund is to be known as the Wahroonga (St Paul’s) Trust.
5. New trusts
Subject to the terms of this Ordinance, the trust fund is held upon trust for the purposes of the parish of St Paul’s Wahroonga (the "Parish").
6. Capital of the trust fund
(1) Any real property which forms part of the capital of the trust fund, may be used for one or more of the following purposes -
(2) Any personal property which forms part of the capital of the trust fund may be applied by the Property Trust for one or more of the following purposes -
(3) Pending application under clause 6(2), any personal property which forms part of the capital of the trust fund is to be invested.
(4) If the churchwardens of a church in the Parish make a payment to the Property Trust as an addition to the trust fund for the purpose of enabling the Property Trust to make a payment under any contract made or to be made by the Property Trust as trustee of the trust fund and -
7. Application of the income of the trust fund
(1) The income of the trust fund (other than income referred to in clause 7(2)), after paying all rates, taxes and charges incurred by the Property Trust in relation to the trust fund, any property forming part of the trust fund or any transaction with property forming part of the trust fund, is to be applied as follows -
(2) The income of the trust fund arising from a residential lease granted pursuant to clause 9(1) for a weekly rental which does not exceed $750 or such other amount as the Standing Committee determines by resolution is to be applied in accordance with clause 7(1)(b).
(1) The authority to apply income under clause 7(1)(b) earned after the review date terminates on the review date.
(2) For the purposes of subclause (1) "review date" means the date which is 10 years after the date this Ordinance commences or such later date as the Standing Committee approves from time to time by resolution.
(3) Any review of the application of income under clause 7(1)(b) must take into account the repair and maintenance of the building or other improvement situated on any real property which forms part of the capital of the trust fund in order to comply with the Heritage Act 1977.
9. 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 real property forming part of the trust fund, except any part which is consecrated or licensed for use as a church, if the term of the lease or 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.
This Ordinance commences on the date of assent to this Ordinance.
I Certify that this Ordinance was passed by the Standing Committee of the Synod of the Diocese of Sydney on 29 September 2003.
I Assent to this Ordinance.
PETER F JENSEN
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