Acts & Ordinances
Balmain (St Mary’s) Variation of Trusts Ordinance 1996
No 9, 1996
An Ordinance to vary the trusts on which a certain sum of money is held and for other purposes.
A. The land in Conveyance Registered Book 11 Number 470 (the “Church Site”) is church trust property held upon trust to permit and suffer to be erected and built upon the land a church or chapel to be used for performance of divine worship according to the rites of the United Church of England and Ireland and for such other purposes as the Bishop of Australia or his successors shall from time to time determine.
B. It is expedient to vest title to the Church Site in Anglican Church Property Trust Diocese of Sydney (“the Property Trust”) and to redeclare the trusts on which that land is held.
C. The land in Certificate of Title Folio Identifier 51/790333 (the “Rectory Site”) is church trust property held on trust for the provisional parish of St Mary’s Balmain (the “Provisional Parish”) although there are no written trusts.
D. It is expedient to redeclare the trusts on which the Rectory Site is held.
E. A sum of money (the “Sum”) is held by the Property Trust under the St Mary's, Balmain (Consolidation) Ordinance 1990 (the “1990 Ordinance”) with the income applied as set out in that ordinance.
F. By reason of circumstances which have arisen after the creation of the trusts on which the Sum is held it is inexpedient to carry out and observe those trusts and it is expedient that the trusts be varied as set out in this ordinance.
Now the Standing Committee of the Synod of the Diocese of Sydney in the name and place of the said Synod Ordains as follows.
Consent to Vesting
Declaration of Inexpediency
4. By reason of circumstances which have arisen after the creation of the trusts on which the Sum is held it is inexpedient to carry out and observe those trusts and it is inexpedient to deal with and apply the Sum solely for the purposes of the Provisional Parish or for the same or like purposes as the trusts on which the Sum is presently held.
Variation of Trusts of the Land
Variation of Trusts of the Sum
7. The balance, after the applications under clause 6, shall be applied as follows -
8. The balance, after all applications under clauses 6 and 7, is to be invested and the income from the investment paid to the churchwardens of St Mary’s Church Balmain and applied by them for purposes within the Provisional Parish .
9. Pending application under clauses 6 and 7 the Sum, or such part thereof as remains to be applied, shall be invested and the income applied as follows -
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 April 1996.
I Assent to this Ordinance.
| About Us
| For Clergy
| For Wardens & Parish Councillors
| For Bishops & Archdeacons
| For Synod & Standing Committee
For Other Committees, Boards & Councils | Other Services | Privacy | Disclaimer | Site Map | Site by Enitiative