Saint Andrew’s Cathedral Site Act 1935 (NSW)

Saint Andrew's Cathedral Site Act 1935 No 32

An Act to give effect to certain arrangements made by the Government of New South Wales with the authorities in the Diocese of Sydney of the Church of England regarding certain claims with respect to Saint Andrew's Cathedral lands; to provide for the acquisition of other land and for the vesting of the same in the Trustees of the Central Baptist Church, Bathurst Street, in part satisfaction of their claims for compensation arising out of the giving effect to such arrangements; to appropriate certain sums from the Consolidated Revenue Fund; to repeal The Cathedral Close Amendment Act 1916 and certain other Acts; and for purposes connected therewith.

1 Name of Act This Act may be cited as the Saint Andrew's Cathedral Site Act 1935.

2 Repeals The enactments mentioned in the First Schedule to this Act are to the extent therein indicated hereby repealed.

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. (c) The vesting under paragraph (a) of this section shall not extend to the buildings or to any fixtures or machinery upon the parcel of land described in the eighth part of the said Second Schedule. The Municipal Council of Sydney shall remove or allow the removal of such buildings, fixtures and machinery and shall not be liable to keep the buildings in repair. If the Municipal Council of Sydney neglects or refuses to remove such buildings, fixtures and machinery before the date upon which the trust becomes entitled to the possession or to the receipt of the rents and profits of the said parcel, the Governor may remove or cause the removal of such buildings, fixtures and machinery within two years after such date, and in such case the property in the buildings, fixtures and machinery shall vest in the Minister, and such buildings, fixtures and machinery may be disposed of as the Governor may direct. The land so described may be handed over to the Trust as vacant land. (d) Notwithstanding anything in paragraph (a) of this section: (i) the Trust shall not be entitled to the possession of: (a) those parcels of land described in the third and fourth parts of the said Second Schedule—until the fifteenth day of March, one thousand nine hundred and thirty-six, (b) that parcel of land described in the eighth part of the said Second Schedule—until the first day of July, one thousand nine hundred and forty-nine, or until such earlier date, not being earlier than the first day of July, one thousand nine hundred and forty-two, as the Governor, by proclamation published in the Gazette, may fix, (c) those parcels of land described in the first, second, fifth, sixth and seventh parts of the said Second Schedule—until the thirty-first day of December one thousand nine hundred and thirty-six or until the date upon which the trustees of the Central Baptist Church, Bathurst Street, shall vacate possession of the parcel of land described in the seventh part of the said Second Schedule, whichever of such dates is the earlier, (ii) for all purposes of or relating to any lease or letting of, or of the whole or part of any building on any parcel of land referred to in subparagraph (i) of this paragraph, the reversion expectant upon such letting or lease shall, until the date upon which the Trust becomes entitled to the possession of such parcel, be deemed to remain or to be in the person who, but for this Act, would have been entitled to such reversion, (iii) after the commencement of this Act and before the fifteenth day of March, one thousand nine hundred and thirty-six The Baptist Union of New south Wales shall have a right of carriage way over the land described in the fifth part of the said Second Schedule as appurtenant to the land described in the seventh part of the said Second Schedule to this Act, (iv) the Trust shall not be entitled to ask, demand, sue for, recover or receive any payment by way of rent or for use or occupation or otherwise of any parcel of land vested in the Trust by this Act for or in respect of any period after the commencement of this Act and before the date upon which the Trust becomes entitled to possession of such parcel, (v) the persons who, immediately before the commencement of this Act, were liable to pay any rates or changes to the Municipal Council of Sydney or to the Metropolitan Water Sewerage and Drainage Board in respect of any parcel of land which by this Act is vested in the Trust shall continue to be so liable for any such rates or charges accruing before the date upon which the Trust becomes entitled to the possession of such parcel. Such rates shall be considered as accruing from day to day and shall be apportionable in respect of time accordingly. (e) No part of the surface of the land vested in the Trust by this Act or of the land held by the Trust lying between that land and George Street shall, while held by the Trust, be resumed for any purpose under the powers conferred by any Act in force at the commencement of this Act or coming into force after such commencement, but this provision shall not preclude the resumption, under the powers conferred by any such Act: (a) of any part of such land expressly delimited by such Act, or (b) of an easement under the said land. (f) The Colonial Treasurer shall pay to the Trust the sum of one hundred thousand pounds in five equal annual instalments of twenty thousand pounds without interest. Such instalments may be paid out of the Consolidated Revenue Fund without further appropriation than this Act. The first such instalment shall be payable on the first day of July, one thousand nine hundred and thirty-six.