Acts & Ordinances
Peakhurst Land Sale Ordinance 1999
No 7, 1999
B. By clause 1 of the Herne Bay, Peakhurst, Narwee, and Lugarno Declaration of Trust Ordinance 1956, Lot 1 is held upon trust to permit the same to be used for a church, parsonage and school hall or partly for one and partly for another of such purposes in connection with the Church of England at Peakhurst in the provisional district of Herne Bay, Peakhurst, Narwee and Lugarno or any parish of which the lot may thereafter form part.
C. Lot 1 now forms part of the parish of Peakhurst/Mortdale (the “Parish”).
D. Paragraph B of the Preamble to the Peakhurst Land Sale Ordinance 1995 recites that Lot 47 is church trust property and is held upon trust for the purposes of the parish of Peakhurst, although there are no written trusts.
E. Lot 47 now forms part of the Parish.
F. It is expedient that Lot 1 and Lot 47 be sold but it is inexpedient to deal with or apply the proceeds of sale solely for the same purposes as the trusts on which those lots are respectively held.
The Standing Committee of the Synod of the Diocese of Sydney Ordains as follows -
(2) By reason of circumstances which have arisen after the creation of the trusts on which Lot 47 is held, it is expedient that Lot 47 be sold but it is inexpedient to carry out and observe the trusts on which the Lot is presently held and it is inexpedient to deal with or apply the proceeds of sale solely for the purposes of the parish for which the property is presently held or solely for the same or like purposes as the trusts on which the Lot is presently held.
3. Authority to Sell
(2) Such sale may be by private agreement or agreements for such price or prices and subject to such terms and conditions as the Property Trust considers appropriate.
4. Application of Proceeds
(2) Any remaining balance of the proceeds of sale shall be applied for such purposes determined by the Standing Committee by resolution, upon the written request of the majority of the parish council of the Parish.
I Certify that the Ordinance as printed is in accordance with the Ordinance as reported.
N M CAMERON
I Certify that this Ordinance was passed by the Standing Committee of the Synod of the Diocese of Sydney on 22 March 1999.
M A PAYNE
I Assent to this Ordinance.
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