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Berry with Kangaroo Valley Variation of Trusts Ordinance 1994

Long Title

An Ordinance to authorise the variation of trusts on which certain land situated at Princess Street, Berry is held.

Preamble

Whereas

A. The Property Trust is the registered proprietor in fee simple of the land described in the schedule ("the Land").

B. Under the Berry Variation of Trusts and Land Sale Ordinance 1978 the Land is church trust property held for a -

"(i) Church;

(ii) residence for a Minister, assistant to the Minister or person employed by the Churchwardens;

(iii) hall or halls;

(iv) school or other place of assembly;

or partly for one or another of others of those purposes in connection with the Anglican Church of Australia with the Diocese of Sydney for the sole benefit of the Parish or other ecclesiastical district of Berry or any parish of ecclesiastical district into which it may subsequently be formed or of which it may form a part".

C. The Land is now situated in the Parish of Berry with Kangaroo Valley (the "Parish").

D. By reason of circumstances which have arisen after the creation of the trusts upon which the Land is held it is inexpedient to carry out and observe those trusts and it is expedient that the trusts be varied in the manner 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 Hereby Ordains Declares Directs and Rules as follows-

Citation

1. This ordinance may be cited as the "Berry with Kangaroo Valley Variation of Trusts Ordinance 1994".

Declaration of Inexpediency

2. By reason of circumstances which have subsequent to the creation of the trusts upon which the Lands is held it is inexpedient to carry out and observe those trusts and it is expedient that the trusts be varied in the manner set out in this ordinance.

Variation of Trusts

3. The Property Trust is authorised to grant a right of carriage way 6 metres wide and variable as described on the Plan of Subdivision of Scarratt & Associates dated 4 February 1994 over the Land in favour of proposed Lot 20 of a subdivision of Lot 2 DP 605825.

Schedule

Lot 21 on the Plan of Subdivision prepared by Scarratt & Associates, Surveyors of Lot 2 DP 605825 Princess Street, Berry.

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 April 1994.

W.G.S. Gotley
Secretary

I Assent to this Ordinance.

R.H. Goodhew
Archbishop of Sydney
27/4/1994