Victorian Consolidated Legislation

Church of England in Australia (Mount Shadwell Land) Act 1969 - SECT 3

Provision relating to trusts

3. Provision relating to trusts



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

   (a)  the trustee shall subject to the exercise of the powers conferred on
        the trustee by paragraph (b) be deemed to hold the lands described in
        the Schedule upon trust to permit the whole or any part of the said
        lands to be used for such purposes of the Church of England in
        Australia or for such use of any institution conducted or controlled
        by the said Church or connected therewith or for such use of any
        Minister of the said Church as the Bishop of Ballarat acting under the
        advice of the Council of the Diocese of Ballarat directs; and

   (b)  the trustee 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 trustee 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) for such purposes of the Church of England in Australia or for
such use of any institution conducted or controlled by the said Church or
connected therewith or for such use of any Minister of the said Church as the
Bishop of Ballarat acting under the advice of the Council of the Diocese of
Ballarat directs.

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