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ALBURY PARISHES ACT 1985 (WANGARATTA DIOCESE)

No. 1, 1985

AN ACT

TO ACCEPT THE SURRENDER TO THE DIOCESE OF WANGARATTA OF THAT PART OF THE TERRITORY OF THE DIOCESE OF CANBERRA AND GOULBURN COMPRISED WITHIN THE BOUNDARIES OF THE LOCAL GOVERNMENT AREAS OF THE CITY OF ALBURY AND THE SHIRE OF HUME, AND FOR PURPOSES CONNECTED THEREWITH.

WHEREAS

Preamble

1. It is provided under Section 45 of the Constitution of The Anglican Church of Australia that a diocese may by ordinance surrender part of its territory to any other diocese and that other diocese may be ordinance accept the territory so surrendered, that such surrender and acceptance may be made upon such terms and conditions including the allocation of Church trust property as may be agreed upon by ordinances made by the dioceses concerned, and that any such surrender shall not take effect until ratified by or under canon of general synod;

2. The Diocese of Canberra and Goulburn by Ordinance has surrendered to the Diocese part of its territory which is comprised within the area described in Schedule 1 to that Ordinance and upon the terms and conditions set out in Schedule 2 to that Ordinance which Ordinance is that set out in the Schedule to this Act; and

3. As provided by Section 45 of the aforesaid Constitution the Diocese of Sydney by the Albury Ordinance 1979 of that Diocese has consented to the surrender.

BE it enacted by the Bishop the Clergy and the Laity of The Anglican Church within the Diocese of Wangaratta duly met in Synod according to law as follows :-

Short Title

1. The Act may be cited as the Albury Parishes Surrender and Acceptance Act 1985.

Interpretations

2. In this Act unless the contrary intention appears

"Bishop" means the Bishop of Wangaratta.

"The Diocese" means the Diocese of Wangaratta.

"the Ordinance" means the Ordinance of The Diocese of Canberra and Goulburn known as the Albury Parishes Surrender Ordinance 1985.

"the surrendered lands" means the territory referred to in Section 3 of this Act.

"the Property Trust" means The Anglican Church Property Trust Diocese of Canberra and Goulburn.

"the Trust Corporation" means The Church of England Trust Corporation for the Diocese of Wangaratta.

Acceptance of surrendered land

3. The Diocese accepts the surrender from the Diocese of Canberra and Goulburn of that part of its territory which is comprised within the area described in Schedule 1 to the Ordinance and upon the terms and conditions set out in Schedule 2 to the Ordinance.

Trustee for surrendered lands

4. (1) The acceptance by the Diocese of the surrender by the Diocese of Canberra and Goulburn of that part of its territory referred to in Section (3) -

(a) shall not take effect unless the surrender has been ratified by or under a Canon of the General Synod of The Anglican Church of Australia; and

(b) subject to paragraph (a), shall take effect upon a date to be fixed by the Bishop and the Bishop of Canberra and Goulburn, being a date after the surrender has been so ratified

Trustee for funds and personal property

(2) As soon as practicable after a date is fixed under Sub-section (1) the Bishop will give notice of the date so fixed to the General Secretary of the General Synod of The Anglican Church of Australia and to the Metropolitan of the Province of Victoria.

5. The Diocese may

(a) elect and appoint The Anglican Church of Australia Trust Corporation, or

(b) incorporate a company under the provisions of the Companies (New South Wales) Code

to act as Trustee to hold the surrendered lands on the same trusts with the same powers duties and discretions and for the same purposes within the Diocese as these lands have been held heretofore by the Property Trust or the Bishop of Canberra and Goulburn as the case may be within the Diocese of Canberra and Goulburn.

6. The Diocese elects and appoints the Trust Corporation to act as Trustee to hold the funds and other personal property to be paid transferred and set-over by the Diocese of Canberra and Goulburn to the Diocese pursuant to Condition 7 of Schedule 2 to the Ordinance for the same purposes within the Diocese as these funds and other personal property were held by the Property Trust.

SCHEDULE

ALBURY PARISHES SURRENDER ORDINANCE 1985


AN ORDINANCE

To surrender to the Diocese of Wangaratta that part of the territory of the Diocese of Canberra and Goulburn comprised within the boundaries of the Local Government Areas of the City of Albury and the Shire of Hume, and for purposes connected therewith.

Be it ordained by the Synod of the Diocese of Canberra and Goulburn, in pursuance of the powers conferred on it by section 45 of the Constitution of the Anglican Church of Australia, as follows:


Short Title

1. This Ordinance may be cited as the Albury Parishes Surrender Ordinance 1985.

Interpretation

2. In this Ordinance, unless the contrary intention appears -

"Bishop" means the Bishop of Canberra and Goulburn;

"corresponding Albury Parish", in relation to an existing Albury Parish, means the Parish of the Diocese of Wangaratta having the same name and same boundaries as that existing Albury Parish;

"existing Albury Parish" means the Parish of Albury, the Parish of North Albury or the Parish of Lavington of the Diocese.

"Property Trust" means the Anglican Church Property Trust Diocese of Canberra and Goulburn;

"surrender date" means the date fixed under sub-section 4(1);

"the Act" means the Anglican Church of Australia Trust Property Act, 1917 of the State of New South Wales;

"the Diocese" means the Diocese of Canberra and Goulburn.


Surrender of Albury Parishes

3. The Diocese hereby surrenders to the Diocese of Wangaratta that part of its territory comprised within the area described in Schedule 1 upon the terms and conditions set out in Schedule 2, the consent of the Diocese of Sydney having been given to the surrender by the Albury Ordinance 1979 of that Diocese.

When surrender to take effect

4. (1) The surrender by the Diocese to the Diocese of Wangaratta of the part to its territory referred to in section 3 -

(a) shall not take effect unless the surrender has been accepted by an Act of the Diocese of Wangaratta upon the terms and conditions set out in Schedule 2 to this Ordinance and has been ratified by or under canon of the General Synod of the Anglican Church of Australia; and

(b) subject to paragraph (a), shall take effect upon a date to be fixed by the Bishop of Canberra and Goulburn and the Bishop of Wangaratta, being a date after the surrender has been so accepted and ratified.

(2) As soon as practicable after a date is fixed under sub-section (1), the Bishop will give notice of the date so fixed to the General Secretary to the General Synod of the Anglican Church of Australia and to the Metropolitan of the Province of New South Wales.

SCHEDULE 1 Section 3


Area to be surrendered

All that part of the Diocese of Canberra and Goulburn comprised within the Local Government areas of the City of Albury and the Shire of Hume, being the territories of the Parish of Albury, the Parish of North Albury, the Parish of Lavington and the centre of Mullengandra within the Parish of Holbrook.



SCHEDULE 2 Section 3


Terms and conditions of surrender

1. The Diocese of Wangaratta will, with effect from and including the surrender date, establish parishes of that Diocese having boundaries the same as the boundaries, and names the same as the names, of the existing Albury Parishes.

2. The Bishop of the Diocese of Wangaratta will, with effect from and including the surrender date, licence each clergyman who, immediately before the surrender date, holds an appointment of priest-in-charge of an existing Albury Parish, or of assistant priest or deacon in an existing Albury Parish, as a clergyman of the Diocese of Wangaratta holding the appointment of incumbent, or assistant priest or deacon, in the corresponding Albury Parish.

3. The Diocese of Wangaratta will, before the surrender date, take such action as is necessary to enable the churchwardens of a church or congregation in an existing Albury Parish, and the members of a Parish council for an existing Albury Parish to continue in office, on and after the surrender date, as churchwardens of that Church or congregation in the corresponding Albury Parish, or as members of the parish council for the corresponding Albury Parish, until those offices are vacated in accordance with the law of the Diocese of Wangaratta.

4. The Diocese will, before the surrender date, take such action as is necessary under the Act to enable the trusts upon which the land described in each item in Schedule 3 (in column 1) is held, being trusts for the existing parish the name of which is specified in column 2 of that Schedule opposite to that description, to be varied in such a manner as to enable those trusts to have effect, on and after the surrender date, as trusts for similar purposes for the corresponding Albury Parish.

5. The Diocese will, before the surrender date, take such action as is necessary under the Act to enable a trustee nominated by the Diocese of Wangaratta to be elected, with effect on and from the surrender date, as separate trustee of the lands described in Schedule 3 in place of the Bishop or the Property Trust, as the case may be.

6. The Diocese will cause the Property Trust or the Bishop, as the case requires, to transfer and convey, as soon as practicable after the surrender date, the lands described in Schedule 3 to the trustee nominated by the Diocese of Wangaratta of the purposes of clause 5 of this Schedule.

7. The Diocese will cause the Property Trust to pay, transfer and set over -

(a) each of the funds described in Schedule 4; and

(b) any moneys deposited with the Property Trust by an existing Albury Parish to be held on call,

to the trustee nominated by the Diocese of Wangaratta for the purposes of clause 5 of this Schedule, to be held by that trustee for the purposes for which those funds or moneys were held by the Property Trust, by instalments, as follows, that is to say, by initial instalments, as soon as practicable after the surrender date, equal to one-half of the amount of each of those funds and moneys at call as at the surrender date and by 4 subsequent instalments, at no longer than quarterly intervals calculated from the surrender date, each of which consists of amounts equal to one-eighth of the amount of each of those funds and moneys at call as at the surrender date.

8. The Property Trust will continue to hold, upon the same trusts, with the same powers, duties and discretions and for the same purposes as pertain thereto immediately before the surrender date, the land on which is erected St Matthew's Retirement Village until such time as the Commonwealth of Australia, or its representative, consents to the land being transferred to the trustee nominated by the Diocese of Wangaratta and, as soon as practicable after that consent is given, the Diocese will take such action as is necessary under the Act to enable the trustee so nominated to be elected as the separate trustee for that land in place of the Property Trust.

9. As soon as practicable after the consent referred to in clause 8. of this Schedule has been given, the Diocese will cause the Property Trust to transfer and convey the land on which St Matthew's Retirement Village is erected to the trustee nominated by the Diocese of Wangaratta for the purposes of clause 8.

10. The Diocese of Wangaratta will, on the surrender date, assume responsibility for the administration of St Matthew's Retirement Village on behalf of the Diocese until the transfer referred to in paragraph 9. is effected and will indemnify the Diocese against all claims and debts arising, on or after the surrender date, out of the administration of that Village.

11. Upon the consent referred to in clause 9. being given, the Diocese will take such action as is necessary to transfer to the trustee nominated by the Diocese of Wangaratta for the purposes of clause 8. of this Schedule the moneys deposited with the Diocese for capital purposes of St Matthew's Retirement Village by instalments as follows, that is to say, by an initial instalment as soon as practicable after the date on which that consent is given equal to one half of the amount of the deposit on that date and by 4 subsequent instalments, at no longer interval than quarterly intervals from that date, each of which is an amount equal to one-eighth of the amount of the deposit on that date.

12. The Diocese will pay interest on the balance from time to time remaining to be paid, transferred and set over -

(a) of the trust funds and moneys at call quarterly calculated form the surrender date; and

(b) of the moneys referred to in clause 11. of this Schedule quarterly calculated from the date referred to in that clause,

at the rate paid by the Diocese to other parishes on trust funds and moneys at call not separately invested before 1 July 1985.

13. If a clergyman appointed in accordance with paragraph 2. is a member of the Superannuation and Retirement Housing Fund of this Diocese immediately before the surrender date, the Diocese of Wangaratta will permit him to elect to pay to the Property Trust contributions to that Fund as if he continued to serve as a clergyman in the Diocese and, if he makes that election, will arrange for payment to the Fund of the contributions payable in respect of the clergyman by the Diocese and parish respectively.

14. The Diocese will be responsible for all costs incurred in respect of action necessary to be taken by the Property Trust to transfer property to trustees for the Diocese of Wangaratta and the Diocese of Wangaratta will be responsible for all costs incurred in respect of action necessary to be taken by those trustees, including any stamp duties and other duties and fees payable in respect of those transfers.

15. The Diocese of Wangaratta will, as soon as practicable after the surrender date, repay any monies borrowed by the Diocese for or on behalf of an existing Albury Parish and secure the release of the Diocese from all liability in respect of that loan and will indemnify the Diocese against all claims that may be made on or after the surrender date in respect of that loan.

16. Where any lands described in Schedule 3 are sold, or any trust fund described in Schedule 4 is applied in full for the purposes for which it is held, before the surrender date, that Schedule shall be construed as if the reference to those lands or that fund were omitted.

17. Where any lands are acquired for or on behalf of an existing Albury Parish, or trust funds become vested in the Property Trust for or on behalf of an existing Albury Parish, after the passing of this Ordinance and before the surrender date, Schedule 3 or 4, as the case requires, shall be read as if a description of those lands or of that trust fund were included in that Schedule.

18. The Diocese will before complying with clauses 5, 6 and 7, alter the boundaries of the Parish of North Albury so as to include within the boundaries of that Parish that part of the territory of the Parish of Holbrook that forms part of the area described in Schedule 1.

SCHEDULE 3
Lands held on behalf of existing Albury Parishes
______________________________________________________________________

Column 1 Column 2
Description of land Name of existing Albury
Parish for which held
______________________________________________________________________

Lands on which St Matthew's Church is erected Albury
Lands on which St Matthew's Community Centre
is erected Albury
Lands on which St Matthew's Rectory is erected Albury
Lands on which the Curate's house is erected Albury
Lands on which All Saints' Church and Hall
are erected Albury
Land in Dight Street and Paine Place Albury
Cemetery Albury
Land on which St Mark's Church is erected North Albury
Land on which St Mark's Hall is erected North Albury
Land on which St Mark's Rectory is erected North Albury
Land on which St John's Church, Thurgoona
is erected and vacant lot adjoining North Albury
Land on which St James' Church is erected Lavington
Land on which St James's Rectory is erected Lavington
Land on which St Paul's Church, Jindera
is erected Lavington
Vacant Land at Jindera Lavington
Land on which St Alban's Church, Gerogery
is erected Lavington
Vacant Table Top land Lavington
Land on which St Luke's Church, Mullengandra
is erected North Albury















SCHEDULE 4
Funds held on behalf of existing Albury Parishes
______________________________________________________________________

Column 1 Column 2
Description of Fund Name of existing Albury
Parish for which held
______________________________________________________________________

Wallace Carmichael Gift Albury
Thompson Bequest Albury
Schneider Trust Albury
Lloyd Trust (Thurgoona) Albury
Proceeds of Gerogery land sale Lavington
De Little Watson Trust Lavington
Proceeds of Douglas Road land sale Lavington
Proceeds of sale of Mullengandra land North Albury

Passed: 26th October 1985
Assented to: 19th December 1985

[Editor's Note: The ratification required by Section 4(1)(a) hereof was made by the Standing Committee of General Synod on April 11th 1986 pursuant to the powers of that behalf prescribed by Canon 10, 1973 of that Synod.]