Wangaratta Church of England Land Act 1930

In lieu of the trusts declared by the hereinbefore recited indentures of conveyance the whole of the lands described in the First Second and Third Schedules to this Act shall from the passing of this Act be held by the Church of England Trusts Corporation for the Diocese of Wangaratta upon and subject to the trusts and with the powers of disposition set out in the Fourth Schedule to this Act and the purposes to which the proceeds of disposition thereof are to be applied shall be those set out in the said Fourth Schedule.

SCHEDULES

Section 2.

FIRST SCHEDULE

Sch. 1

Land: Crown allotments 5, 11, 12, 13 and 14 of section 20 town of Wangaratta parish of Wangaratta North county of Delatite.

Trusts: Upon trust from time to time and at all times hereafter to permit and suffer the said pieces or parcels of land and hereditaments to be used by the Minister of the United Church of England and Ireland having for the time being the spiritual charge of the ecclesiastical parish or district connected or to be connected with the Church of England now known as the parish of Wangaratta or who shall have the spiritual charge of so much of any parish to be hereafter constituted in the Diocese of Melbourne as shall have within its limits the said pieces or parcels of land and for the erection thereon or some part thereof of a parsonage house for such Minister and for no other purpose whatsoever.

Section 2.

SECOND SCHEDULE

Sch. 2

Land: Crown allotment 3 of section 20 town of Wangaratta parish of Wangaratta North county of Delatite.

Trusts: Upon trust to use and apply the same as in his or their discretion may seem best calculated to maintain and support a Minister of the Church of England in officiating according to the forms and doctrines of said Church under licence from the said Bishop of Melbourne or his successors in the ecclesiastical district of Wangaratta as at present constituted by the said Bishop of Melbourne and generally in the promotion of public worship according to such forms and doctrines in the said district.

Section 2.

THIRD SCHEDULE

Sch. 3

Land: Crown allotments 4, 15 and 16 of section 20 town of Wangaratta parish of Wangaratta North county of Delatite.

Trusts: Upon trust to use and apply the same as in his or their discretion may seem best calculated to maintain and support a Minister of the United Church of England in Ireland in officiating according to the forms and doctrines of said Church under licence from the said Bishop of Melbourne or his successors in the ecclesiastical district of Wangaratta as at present constituted by the said Bishop of Melbourne and generally in the promotion of public worship according to such forms and doctrine within such district.

Section 2.

FOURTH SCHEDULE

NEW TRUSTS

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 Wangaratta (or the person duly authorized to administer the affairs of the diocese during a vacancy of the See) acting under the advice of the Council of the Diocese shall direct unless and until the said lands shall be disposed of under the powers of disposition hereinafter set out.

Sch. 4

POWERS OF DISPOSITION

With the consent of the Bishop of Wangaratta (or the person duly authorized to administer the affairs of the diocese during a vacancy of the See) acting under the advice of the Council of the Diocese to mortgage sell lease (on building lease or otherwise) exchange create easements over or reserve roads on the said lands or any part thereof.

PURPOSES TO WHICH PROCEEDS OF DISPOSITION ARE TO BE APPLIED

Such purposes of the Church of England within the Diocese of Wangaratta as the Bishop of Wangaratta (or the person duly authorized to administer the affairs of the diocese during a vacancy of the See) acting under the advice of the Council of the Diocese may from time to time direct PROVIDED that out of the income (other than the income arising from the user of the said lands or any part thereof for the purposes of the said Church or by any Minister or officer thereof and the income from any building erected or institution established on the said land and conducted or controlled by the said Church or connected therewith) arising in any year from the said lands or any part thereof or from the proceeds of any disposition thereof after providing for any mortgage debt or other liability in respect of the said lands or any part thereof the sum of Five hundred pounds shall as a first charge thereon be paid to the Minister of the Church of England having for the time being the spiritual charge of the ecclesiastical parish of Wangaratta.