Victorian Consolidated Legislation

Church of England (Port Fairy) Land Act 1938 - SECT 3

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

3. Alteration of trusts upon which land in Schedule is held and 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 land described in the
        Schedule to this Act upon trust to permit the whole or any part of the
        said land 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
        land or any part thereof and may create easements over or reserve
        roads on the said land or any part thereof.

(2) The trustees shall apply any proceeds arising from any mortgage sale lease
or other dealing with the said land 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 town of Port Fairy 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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