Mittagong (Rowe's Hill Cemetery)
Land Transfer Ordinance 2000
No 31, 2000
Long Title
An Ordinance to authorise the transfer
of certain land at Mittagong to Wingecarribee Shire Council and for
related matters.
Preamble
A. By deed dated 1 December 1871 the
land described in the Schedule (the "Land") was conveyed
to James Samuel Hassall and his heirs to be held to the use of Thomas
Troy, William Hudspeth and Henry William Edwards, their heirs and
assigns (the "Trustees") for ever upon trust "for and
to use or permit the same to be used as a burial ground in connection
with the United Church of England and Ireland in the said Colony of
New South Wales".
B. James Samuel Hassall and each of
the Trustees are believed to be deceased.
C. It is expedient that the Land,
which is church trust property, be vested in Anglican Church Property
Trust Diocese of Sydney (the "Property Trust").
D. By reason of circumstances which
have arisen after the creation of the trusts upon which the Land is
held it is expedient that the Land be transferred for nominal consideration
to Wingecarribee Shire Council.
The Standing Committee of the Synod
of the Diocese of Sydney Ordains as follows.
1. Name
This Ordinance is the Mittagong (Rowe's
Hill Cemetery) Land Transfer Ordinance 2000.
2. Consent to vesting
Consent is given to the Land vesting
in the Property Trust.
3. Declarations of inexpediency
By reason of circumstances which have
arisen after the creation of the trusts upon which the Land is held
it is expedient to carry out and observe those trusts and it is expedient
that the Land be transferred for nominal consideration to Wingecarribee
Shire Council.
4. Power of transfer
The Property Trust may transfer the
Land, or such part of the Land as remains church trust property, to
Wingecarribee Shire Council for a consideration of $1 within a period
of 3 years after the date of assent to this ordinance, and thereafter
only with the consent of the Standing Committee by resolution.
Schedule
All that piece or parcel of land situate
in the County of Camden in the District of Mittagong commencing at
a point on the Old Southern Road at the north western corner of the
land belonging to the Council of Education and bounded on the south
by the northern boundary of that land bearing south easterly 3 chains
31 links on the east by a line at right angles to east boundary bearing
north easterly 1 chain 35 links to GJ Riley's land on the north by
line dividing the land from that land bearing north westerly 3 chains
86 links to the Old Southern Road and on the west by that road bearing
south westerly 3 chains 33 links to the commencing point.
I Certify that the Ordinance as printed
is in accordance with the Ordinance as reported.
N M CAMERON
Chairman of Committees
I Certify that this Ordinance was
passed by the Standing Committee of the Synod of the Diocese of Sydney
on 6 November 2000.
M A PAYNE
Secretary
I Assent to this Ordinance.
R H GOODHEW
Archbishop of Sydney
7/11/2000
