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Sutton Forest (Wingello) Land Sale Ordinance 1997

No 10, 1997

Long Title

An Ordinance to authorise the sale of certain land at Wingello and the application of the proceeds thereof and for all matters incidental thereto.

Preamble

A. Anglican Church Property Trust Diocese of Sydney (the “Property Trust”) is the registered proprietor of the land at Wingello being the land comprised in Certificate of Title Folio Identifier 15/1/759097, and on which is erected the building known as St Andrew’s, Wingello (the “Land”).

B. The Land is held on trust for the purposes of the Anglican Church of Australia in the parish of Sutton Forest (the “Parish”) although no written trusts exist.

C. By reason of circumstances which have arisen after the creation of the trusts on which the Land is held, it is inexpedient to carry out those trusts and it is expedient that the Land be sold and the proceeds of sale applied in the manner set out in this Ordinance.

The Standing Committee of the Synod of the Diocese of Sydney Ordains as follows -

Name of Ordinance

1. This Ordinance is the Sutton Forest (Wingello) Land Sale Ordinance 1997.

Declarations

2. By reason of circumstances which have arisen after the creation of the trusts on which the Land is held, it is inexpedient to carry out those trusts and it is expedient to amend those trusts so that the Land may be dealt with in the manner set out in this Ordinance.

Authority to Sell

3. The Property Trust may sell the Land at any time within 3 years after the date of assent to this Ordinance or such longer period as the Standing Committee may approve by resolution, by private treaty or otherwise and on such terms as the Property Trust may consider appropriate.

Application of Proceeds

4. (1) The proceeds arising from the sale of the Land after paying or reimbursing the Parish for the costs of and incidental to this Ordinance, and the costs of sale, shall be applied by the Property Trust towards one or more of-

(a) the repayment or reduction of any debt of the Parish incurred in relation to the construction of a residence on land held for the purposes of the Parish at Exeter;

(b) the cost of building or altering or refurbishing buildings upon land held upon trust for the purposes of the Parish;

(c) the acquisition of other land in the Parish to be held upon trust for the purposes of the Parish; and

(d) such other purposes as Standing Committee may resolve following a request from the majority of the parish council of the Parish.

(2) Pending application under subclause (1) the Property Trust shall invest the proceeds of sale and capitalise the income.

I Certify that the Ordinance as printed is in accordance with the Ordinance as reported.

N.M. CAMERON
Chairman of Committees

I Certify that this Ordinance was passed by the Standing Committee of the Synod of the Diocese of Sydney on 26 May 1997.

W.G.S. GOTLEY
Secretary

I Assent to this Ordinance.

R.H. GOODHEW
Archbishop of Sydney
11/6/1997