Victorian Consolidated Legislation

Church of England (Ballarat East) Land Act 1941 - SECT 3

Alteration of trusts upon which land in the Schedule is held and of powers of disposition etc. thereof

3. Alteration of trusts upon which land in the Schedule is held and of powers
of disposition etc. thereof



(1) Notwithstanding anything in any Act or enactment or in any conveyance
assurance or trust whatsoever-

   (a)  from and after the commencement of this Act the trustees shall,
        subject to the exercise of the powers conferred on the trustees by the
        next succeeding paragraph, be deemed to hold the lands described in
        the Schedule to this Act upon trust to permit the whole or any part of
        the said lands to be used for such purposes of the Church of England
        or for such use of any minister or officer thereof or of any
        institution conducted or controlled by the said church or connected
        therewith as the Bishop of Ballarat acting under the advice of the
        council of the diocese of Ballarat directs; and

   (b)  the trustees with the consent of the Bishop of Ballarat acting under
        the advice of the council of the diocese of Ballarat may mortgage sell
        lease (whether on building lease or otherwise) or exchange the said
        lands or any part thereof and may create easements over or reserve
        roads on the said lands or any part thereof.

(2) The trustees shall apply any proceeds arising from any mortgage sale lease
or other dealing with the said lands as provided in paragraph (b) of
sub-section (1) of this section towards the cost of erecting a minister's
dwelling on other land in the parish of St. Paul's Ballarat East and towards
such other purposes in connexion therewith as the Bishop of Ballarat acting
under the advice of the council of the diocese of Ballarat from time to time
directs.

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