3Arrangements to be carried out

3 Arrangements to be carried out

3 Arrangements to be carried out

To give effect to certain arrangements which have been made between the Government and the authorities in the Diocese of Sydney of the Church of England regarding claims of that Church with respect to Saint Andrew’s Cathedral lands and for the purpose of satisfying all claims of that Church arising out of any resumption or occupation of the said lands whether by the Crown or under any Act or otherwise howsoever and particularly but without limiting the generality of the foregoing expressions arising out of any resumption made in connection with the construction of the City Railway authorised by the City and Suburban Electric Railways Act 1915, and with a view of finally composing all matters indifference between the parties the following provisions shall have effect:

(a) The lands described in the Second Schedule to this Act are hereby vested in the Church of England Property Trust, Diocese of Sydney (in this section hereinafter referred to as the Trust) as church trust property within the meaning of the Church of England Trust Property Act 1917 for an estate in fee simple in possession freed and discharged from all trusts, obligations, estates, interests, contracts, charges, rates, rights of way or other easements whatsoever, and to the intent that the legal estate therein, together with all powers incident thereto, shall be vested in the Trust to hold the same upon trust for all or any of the following purposes, that is to say, a site for a Cathedral Church, a residence for the chief officiating minister of the Cathedral, a Church house and offices, and otherwise in connection with the Cathedral and the administration of the affairs of the Church of England in the Diocese of Sydney.

(b) The vesting under paragraph (a) of this section shall extend to the buildings erected upon the parcels of land described in the first, third, fourth and seventh parts of the said Second Schedule, but shall not extend to:

(i) any machinery or trade fixtures or tenants’ fixtures upon any of the parcels described in the first, third and fourth parts of the said Second Schedule, or

(ii) any fixtures upon the parcel of land described in the seventh part of the said Second Schedule.

Any such machinery or fixtures may be removed by the owners of the same, and neither the said owners, nor the persons who, immediately before the commencement of this Act, were the persons interested in the land, nor the Crown, shall be liable to place the buildings in repair after the removal of such machinery or fixtures.