3Modification of subgrant to Saint Paul’s College and declaration of trusts upon which land in modified subgrant is to be held

3 Modification of subgrant to Saint Paul’s College and declaration of trusts upon which land in modified subgrant is to be held

3 Modification of subgrant to Saint Paul’s College and declaration of trusts upon which land in modified subgrant is to be held

(1) From and after the commencement of this Act:

(a) the indenture of subgrant mentioned in subsection three of this section shall be read and construed as if the land subgranted by the indenture had been the land described in Schedule Three to this Act and as if the plan on the indenture had been omitted therefrom, and

(b) the trustees for Saint Paul’s College shall, notwithstanding any occurrence or transaction before such commencement, hold the land described in Schedule Three to this Act upon the same trusts as those for the use and benefit of The Warden and Fellows of Saint Paul’s College in and by such indenture of subgrant declared and subject to the same provisos and conditions (including, but without limiting the generality of the foregoing provisions of this paragraph, the proviso or condition relating to the nomination or election of new trustees and the proviso or condition declaring the circumstances in which the trusts for the use and benefit of The Warden and Fellows of Saint Paul’s College become void cease and determine) as those in such indenture of subgrant contained.

(2) Creation of right of way over certain land in favour of trustees for Saint Paul’s College Notwithstanding anything in this Act or any other instrument contained, the trustees for Saint Paul’s College shall have full right and liberty for themselves and their successors and every person authorised by them and their successors and for The Warden and Fellows of Saint Paul’s College, the Warden, Fellows, tutors, students, tradesmen, servants and visitors of Saint Paul’s College at all times by day or night with or without horses, cattle or other animals, carriages, motor cars or other vehicles of any description to pass and repass along the lands described in Schedules Four and Five to this Act as a means of access to and from Carillon Avenue from and to the land described in Schedule Three to this Act.

(3) Interpretation In this section:

trustees for Saint Paul’s College means the persons who immediately before the commencement of this Act were the trustees of the land described in the First Schedule to the indenture of subgrant dated the twenty-ninth day of October, one thousand nine hundred and twenty-four, and made between the University of Sydney of the first part The Honourable Sir William Portus Cullen, The Honourable Mr Justice Philip Whistler Street, Alfrey Becher Stewart White, Esquire, Francis Alfred Allison Russell, Esquire, and the Reverend Arthur Henry Garnsey of the second part and The Warden and Fellows of Saint Paul’s College of the third part.