Sydney Bethel Union Extension Act 1908

Upon the passing of this Act the lands described in the First Schedule to this Act shall be vested in Sir James Fairfax, George Stanley Littlejohn, Alfred William Meeks, and John Gainford, the present trustees of the Sydney Bethel Union, and hereinafter called the said trustees, their heirs and assigns, for an absolute estate in fee-simple to be held by them upon the trusts declared by the said grant of the first day of March, one thousand eight hundred and fifty-eight, and by this Act.

Any property that, immediately before the appointed day, was vested in the trustees under this Act is, on that day, divested from the trustees and is, to the extent that it was so vested, vested (without conveyance) in Sydney Bethel Union Pty Ltd (ACN 617 974 688) (the new Trust).

The vesting of the property in the new Trust does not affect:

any reservation, mortgage, charge, encumbrance, lien or lease that affected the property immediately before the vesting, or

any trust on which the property was held immediately before the vesting.

The new Trust has the functions that are conferred or imposed on a trustee by this Act.

In this section, appointed day means the day on which this section commences.

It shall be lawful for His Excellency the Governor with the advice of the Executive Council, to grant to the said trustees for an absolute estate the lands described in the Third Schedule to this Act to be held by them upon the trusts declared by the said grant of the first day of March, one thousand eight hundred and fifty-eight, and this Act in full satisfaction and discharge of all claim to compensation under the provisions of the Public Works Act 1900, by the said trustees or by any other person or persons on behalf of the Sydney Bethel Union in respect of the resumption of the lands described in the Second Schedule to this Act, and the delivery of the grant of the said lands in the Third Schedule to the said trustees shall operate as an absolute release to the Government of New South Wales of all claims by any person claiming under the said grant of the first day of March, one thousand eight hundred and fifty-eight.

It shall be lawful for the said trustees, or other the trustees for the time-being of the Sydney Bethel Union, to extend the operations of the said Mariners’ Church with full power from time to time either to erect on the said lands so vested in them, or on any other lands vested in or acquired by them, new buildings, or to make alterations of any buildings on those lands to provide such facilities as the trustees may in their discretion think advisable, with a view to more effectually providing religious and secular instruction and social recreation for seafarers of all nations visiting any port in New South Wales.

After the passing of this Act it shall be lawful for the said trustees or other the trustees for the time-being of the lands subject to the said trusts to sell and dispose of the said lands together with the buildings erected thereon by public auction or private contract, and either in one lot or in several lots as the said trustees shall think most expedient, for such prices as can be reasonably had or obtained for the same, and when sold to convey the same, or any part or parts thereof, to the purchaser or purchasers thereof, and thereupon the same respectively shall vest absolutely for an estate in fee-simple in the said purchaser or purchasers, their or his heirs and assigns freed and discharged from the said trusts, and the trustees shall stand possessed of all moneys arising from any and every such sale or sales as aforesaid upon trust to apply the same, and the same shall be applied in and towards purchasing other lands suitable for a mariners’church and other necessary buildings as aforesaid in New South Wales, and in and towards building such church, and other necessary buildings as aforesaid, and the receipt in writing of the trustees for the purchase moneys arising from any such sale or sales shall be a sufficient discharge to any and every purchaser of the said land, and shall exonerate such purchaser from seeing to the application of the said moneys.

It shall be lawful for the said trustees to lease the said lands subject to the said trusts, or any land subsequently acquired by the said trustees under the powers hereinbefore contained, together with the buildings from time to time erected thereon for such term not exceeding twenty-five years, and at such rental, whether nominal or not, as they may in their absolute discretion think fit to any association, institution, or body of persons engaged in mission work among seafarers in any port in New South Wales and in any such lease they may enter into an agreement with the lessees that they the said lessees shall erect such new building, or make such alterations in any existing building, as may appear to the trustees advisable, and generally may make such further or other agreement with the lessees as may, in the opinion of the trustees best secure the provision of religious and secular instruction and social recreation for such seafarers as aforesaid.

Any sale by the trustees under the foregoing provisions may be made upon terms allowing the purchaser credit for the payment of any part of the purchase money not exceeding two third parts thereof upon such terms as to interest or otherwise as the trustees may deem reasonable and expedient.

The receipts of any person to whom any money shall be paid by the trustees under the provisions of this Act shall be a valid and complete discharge to the trustees for such moneys.

It shall be lawful for the trustees to mortgage the said lands or any lands to be purchased by them as hereinbefore mentioned for the purpose of raising the moneys required by the trustees for carrying out the powers given to them by this Act, and no person proposing to lend money to the trustees upon any such mortgage shall be concerned to inquire the purpose for which such money is required, nor to see to the application of the money lent by him to the trustees.

The trustees may invest any money held by them that is not immediately required for the purposes of this Act in any manner in which trustees are authorised by the Trustee Act 1925 to invest trust funds.

The trustees may employ or otherwise engage persons to assist in providing facilities for seafarers visiting any of the ports in New South Wales.

The trustees may make grants to any association, institution or body of persons engaged in mission work among seafarers in any port of New South Wales for the purpose of securing the provision of religious and secular instruction and social recreation for those seafarers.