{"id":"nsw:act-1990-064","name":"Agricultural Tenancies Act 1990","slug":"agricultural-tenancies-act-1990","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"64 of 1990","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106427,"registerId":"nsw-act-1990-064-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Agricultural Tenancies Act 1990](/view/html/inforce/current/act-1990-064).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Objects","content":"#### 3 Objects\n\n3 Objects\n\n> The objects of this Act are—\n> \n> > (a) to encourage agricultural landowners and their tenants and sharefarmers to have regard, in farming practices to the principles of ecologically sustainable development (as described by section 6 (2) of the [Protection of the Environment Administration Act 1991](/view/html/inforce/current/act-1991-060)) insofar as they are capable of applying to those farming practices and, to maintaining sustainable agricultural production and preventing the degradation of the environment, and\n> \n> > (b) to encourage the use of written agreements for agricultural tenancies and to set out terms that are taken to apply to all agricultural tenancies, including terms setting out rights of the parties, and\n> \n> > (c) to provide a mechanism for settling disputes between parties to agricultural tenancies through applications to the Civil and Administrative Tribunal.\n> \n> > (d) (Repealed)\n> \n> **s 3:** Subst 2001 No 14, Sch 1 \\[2\\]. Am 2012 No 2, Sch 1 \\[2\\]; 2013 No 95, Sch 4.1 \\[1\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> > (1) In this Act—\n> > \n> > agricultural purposes means grazing, dairying, pig-farming, poultry farming, viticulture, orcharding, bee-keeping, horticulture, vegetable growing, the growing of crops of any kind, forestry, or any combination of any of those things.\n> > \n> > exercise a function includes perform a duty.\n> > \n> > farm means a piece of land not less than 1 hectare in area occupied or used by a tenant and which is wholly or mostly used or intended to be used for agricultural purposes.\n> > \n> > function includes a power, authority or duty.\n> > \n> > improvement means any work or thing carried out on a farm in the course of a tenancy, being a work or thing that would be of value to an incoming tenant, but does not include the repair or replacement of any work or thing on the farm when the tenant first became a tenant, except as provided by this Act.\n> > \n> > owner means any person for the time being entitled to the rents and profits of a farm.\n> > \n> > sustainable agricultural production is agricultural production that complies with the following criteria—\n> > \n> > > (a) responsiveness to consumer needs for food and fibre products that are healthy and of high quality,\n> > \n> > > (b) the taking into account of the cost of production, including environmental costs, and pricing that reflects those costs,\n> > \n> > > (c) the protection and restoration of the natural resource base on which agricultural depends,\n> > \n> > > (d) the prevention of adverse on-site and off-site impacts on the environment and any sector of the community,\n> > \n> > > (e) be flexible in order to accommodate regional differences and changing economic, environmental and social circumstances such as drought or terms of trade,\n> > \n> > > (f) financial viability.\n> > \n> > These features of sustainable agriculture should be considered as a package, and no single feature should predominate over the others.\n> > \n> > tenancy means a lease or licence, an agreement for a lease or licence, a tenancy at will or a sharefarming arrangement or any other arrangement by which a person who is not the owner of the farm has a right to occupy or use it.\n> > \n> > tenant includes a sharefarmer and any person whose right of occupancy or use of a farm is derived from the tenant, but does not include a tenant employed by the owner.\n> > \n> > Tribunal means the Civil and Administrative Tribunal.\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> **s 4:** Am 2001 No 14, Sch 1 \\[3\\]–\\[6\\]; 2012 No 2 \\[3\\] \\[4\\]; 2013 No 95, Sch 4.1 \\[2\\].","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"General rights of tenants and owners","content":"# Part 2 General rights of tenants and owners\n\nPart 2 General rights of tenants and owners\n\n**pt 2:** Subst 2001 No 14, Sch 1 \\[7\\].\n\n**pt 2, div 1, hdg:** Rep 2001 No 14, Sch 1 \\[7\\].","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Agreements to be in writing","content":"#### 5 Agreements to be in writing\n\n5 Agreements to be in writing\n\n> > (1) An owner and a tenant each have the right to have the provisions of any agreement creating the tenancy reduced to writing signed by the other party.\n> \n> > (2) If the owner and the tenant cannot agree on the terms of an agreement that is to be reduced to writing, the terms of the agreement may be determined by the Tribunal.\n> \n> **s 5:** Subst 2001 No 14, Sch 1 \\[7\\]. Am 2012 No 2, Sch 1 \\[5\\].","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Improvements carried out by tenants with consent","content":"#### 6 Improvements carried out by tenants with consent\n\n6 Improvements carried out by tenants with consent\n\n> > (1) It is a term of a tenancy that the tenant may carry out any improvement on the farm with the consent of the owner.\n> \n> > (2) If an amount of compensation to the tenant for the improvement is fixed by agreement, the owner must pay the tenant the fixed amount, unless the agreed amount is unfair.\n> \n> > (3) If compensation is not fixed by agreement at a fair amount, or is not fixed at all, the owner must pay fair compensation to the tenant.\n> \n> > (4) Compensation payable under this section is payable at the end of the tenancy or at such earlier time as may be agreed or determined by the Tribunal.\n> \n> Note—\n> \n> Division 1 of Part 3 sets out the way compensation is to be determined for the purposes of this Part.\n> \n> **s 6:** Subst 2001 No 14, Sch 1 \\[7\\]. Am 2012 No 2 , Sch 1 \\[6\\].","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Improvements carried out by tenants without consent","content":"#### 7 Improvements carried out by tenants without consent\n\n7 Improvements carried out by tenants without consent\n\n> > (1) It is a term of a tenancy that the tenant may carry out an improvement on the farm without the consent of the owner only if—\n> > \n> > > (a) the improvement is mentioned in Schedule 1, or\n> > \n> > > (b) the improvement is a work or thing of a kind prescribed by the regulations for the purposes of this section, or\n> > \n> > > (c) the improvement is first determined by the Tribunal to be suitable and desirable in the circumstances.\n> \n> > (2) The owner must pay fair compensation to the tenant for an improvement carried out by the tenant and referred to in subsection (1) (a) or (b).\n> \n> > (3) The owner must pay fair compensation to the tenant for an improvement carried out by the tenant and referred to in subsection (1) (c) if compensation is determined by the Tribunal to be payable.\n> \n> > (4) Compensation payable under this section is payable at the end of the tenancy or at such earlier time as may be agreed or determined by the Tribunal.\n> \n> **s 7:** Subst 2001 No 14, Sch 1 \\[7\\]. Am 2012 No 2, Sch 1 \\[7\\].","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Improvements carried out by owner with consent","content":"#### 8 Improvements carried out by owner with consent\n\n8 Improvements carried out by owner with consent\n\n> > (1) It is a term of a tenancy that the owner may carry out any improvement on the farm with the consent of the tenant.\n> \n> > (2) If an amount of compensation to the owner for the improvement is fixed by agreement, the tenant must pay the owner the fixed amount, unless the agreed amount is unfair.\n> \n> > (3) If compensation is not fixed by agreement at a fair amount, or is not fixed at all, the tenant must pay fair compensation to the owner.\n> \n> > (4) Compensation payable under this section may be paid in instalments together with any rent or other consideration payable in respect of the tenancy or in such other manner as may be agreed or determined by the Tribunal.\n> \n> **s 8:** Subst 2001 No 14, Sch 1 \\[7\\]. Am 2012 No 2, Sch 1 \\[8\\].","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Improvements carried out by owners without consent","content":"#### 9 Improvements carried out by owners without consent\n\n9 Improvements carried out by owners without consent\n\n> > (1) It is a term of a tenancy that the owner may carry out an improvement on the farm without the consent of the tenant only if the improvement is first determined by the Tribunal to be suitable and desirable in the circumstances.\n> \n> > (2) The tenant must pay fair compensation to the owner for an improvement carried out by the owner if compensation is determined by the Tribunal to be payable.\n> \n> > (3) Compensation payable under this section may be paid in instalments together with any rent or other consideration payable in respect of the tenancy or in such other manner as may be agreed or determined by the Tribunal.\n> \n> **s 9:** Subst 2001 No 14, Sch 1 \\[7\\]. Am 2012 No 2, Sch 1 \\[9\\].\n> \n> **pt 2, div 2, hdg:** Rep 2001 No 14, Sch 1 \\[7\\].","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Tenants’ fixtures","content":"#### 10 Tenants’ fixtures\n\n10 Tenants’ fixtures\n\n> > (1) It is a term of a tenancy that a fixture affixed to a farm by a tenant may be removed by the tenant before or within a reasonable time after the end of the tenancy.\n> \n> > (2) Subsection (1) does not apply to the following fixtures—\n> > \n> > > (a) a fixture for which the tenant claims or can claim compensation (for example, a fixture that is an improvement),\n> > \n> > > (b) a fixture that is affixed under an obligation to do so under a tenancy or other agreement or in place of a fixture belonging to the owner.\n> \n> > (3) It is a term of a tenancy that a tenant must not remove a fixture affixed to the farm by the tenant without giving reasonable oral or written notice to the owner, and any occupier of the farm for the time being, of the tenant’s intention to remove the fixture.\n> \n> > (4) It is a term of a tenancy that, at any time before the end of the notice period, the owner may serve written notice on the tenant of the owner’s decision to purchase the fixture. The tenant must then leave the fixture, which becomes the property of the owner, who must pay fair compensation to the tenant as if it were an improvement for which compensation is payable under section 7 (2).\n> \n> > (5) It is a term of the tenancy that—\n> > \n> > > (a) before removing a fixture, the tenant must, as far as practicable, comply with all the tenant’s obligations to the owner in respect of the farm, and\n> > \n> > > (b) when removing a fixture, the tenant must not do, or must make good, any damage to any other fixture or other part of the farm.\n> \n> > (6) In this section—\n> > \n> > fixture includes a building.\n> \n> **s 10:** Subst 2001 No 14, Sch 1 \\[7\\].","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Right of owner to enter farm","content":"#### 11 Right of owner to enter farm\n\n11 Right of owner to enter farm\n\n> > (1) It is a term of the tenancy that the owner, or any person authorised by the owner, may at all reasonable times, after giving reasonable notice, enter the farm for any of the following purposes—\n> > \n> > > (a) to view its condition,\n> > \n> > > (b) to perform a function of the owner under this Act,\n> > \n> > > (c) to carry out an improvement (if permitted by this Act).\n> \n> > (2) This section does not authorise the owner to enter any part of the farm used for residential purposes except with the consent of the tenant.\n> \n> > (3) Nothing in this section limits any other right of entry conferred on the owner by or under any other Act or law or by an agreement.\n> \n> > (4) Notice under this section may be given orally or may be served in writing.\n> \n> **s 11:** Subst 2001 No 14, Sch 1 \\[7\\].","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Record of condition of farm","content":"#### 12 Record of condition of farm\n\n12 Record of condition of farm\n\n> > (1) It is a term of the tenancy that a record of the condition of the following matters must be made jointly by the owner and the tenant, if either so requires it, at the commencement of the tenancy and at reasonable intervals during the tenancy—\n> > \n> > > (a) the land and any cultivation of the land,\n> > \n> > > (b) any buildings, fences, gates, roads, drains or other works or things on the farm,\n> > \n> > > (c) any other improvements.\n> \n> > (2) It is a term of the tenancy that a record of any improvement carried out by the tenant or the owner, and a record of any fixture that the tenant may remove under this Act, must be made jointly by the owner and the tenant, if either so requires it, at reasonable intervals during the tenancy.\n> \n> > (3), (4) (Repealed)\n> \n> **s 12:** Subst 2001 No 14, Sch 1 \\[7\\]. Am 2012 No 2, Sch 1 \\[10\\].","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Accounts","content":"#### 13 Accounts\n\n13 Accounts\n\n> It is a term of the tenancy that the owner and a tenant each have—\n> \n> > (a) the duty to keep proper accounts in connection with the tenancy, and\n> \n> > (b) the right to receive, on request and within a reasonable period, a copy of the accounts kept by the other in connection with the tenancy.\n> \n> **s 13:** Subst 2001 No 14, Sch 1 \\[7\\]. Am 2024 No 25, Sch 5.1.","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Termination of tenancy","content":"#### 14 Termination of tenancy\n\n14 Termination of tenancy\n\n> > (1) A tenancy for a fixed term with no provision for holding over terminates at the end of the fixed term without the necessity for any notice.\n> \n> > (2) A periodic tenancy (other than a tenancy from year to year) cannot be terminated unless written notice of termination is served by a party on the other party so as to give notice at least equivalent to the length of the tenancy period.\n> \n> > (3) In addition to the requirements of subsection (2), a periodic tenancy (other than a tenancy from year to year) cannot be terminated unless written notice of the termination is served by a party on the other party so as to give notice of at least—\n> > \n> > > (a) in the case of a sharefarming arrangement for crop growing—a period of 1 month, ending at least 1 month after the end of the current annual cropping program, and\n> > \n> > > (b) in any other case—a period of 1 month.\n> \n> > (4) A tenancy from year to year cannot be terminated unless written notice of termination is served by a party on the other party so as to give not less than 6 months’ notice before the end of the tenancy period.\n> \n> > (5) In addition to the requirements of subsection (4), a tenancy from year to year cannot be terminated unless written notice of termination is served by a party on the other party so that the period of notice ends at least 1 month after the end of the annual cropping program.\n> \n> > (6) This section does not apply to termination for a breach of the tenancy or where the tenant and the owner have otherwise agreed on the notice to be given.\n> \n> **s 14:** Subst 2001 No 14, Sch 1 \\[7\\].","sortOrder":15},{"sectionNumber":"Part 3","sectionType":"part","heading":"Compensation","content":"# Part 3 Compensation\n\nPart 3 Compensation\n\n**pt 3:** Subst 2001 No 14, Sch 1 \\[7\\].","sortOrder":16},{"sectionNumber":"Division 1","sectionType":"division","heading":"Determination of compensation for improvements","content":"## Division 1 Determination of compensation for improvements\n\nDivision 1 Determination of compensation for improvements\n\n**pt 3, div 1, hdg:** Ins 2001 No 14, Sch 1 \\[7\\].","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Determination of compensation payable for tenants’ improvements","content":"#### 15 Determination of compensation payable for tenants’ improvements\n\n15 Determination of compensation payable for tenants’ improvements\n\n> > (1) For the purposes of determining the compensation payable under Part 2 for an improvement carried out by a tenant, the amount of compensation is the value of the improvement to an incoming tenant, taking into account the value of any consideration or benefit given by the owner to the tenant for carrying out the improvement.\n> \n> > (2) The value of an improvement to an incoming tenant is to be calculated by taking into account the financial returns that might be expected to accrue to a (hypothetical) incoming tenant on account of the improvement or product, if the farm were to be subject to a further tenancy (not being a sharefarming arrangement).\n> \n> **ss 15–17:** Subst 2001 No 14, Sch 1 \\[7\\].","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Determination of compensation payable for owners’ improvements","content":"#### 16 Determination of compensation payable for owners’ improvements\n\n16 Determination of compensation payable for owners’ improvements\n\n> For the purposes of determining the compensation payable under Part 2 for an improvement carried out by an owner, the amount of compensation is the value of the improvement to the incumbent tenant, taking into account the value of any consideration or benefit given by the tenant to the owner for carrying out the improvement.\n> \n> **ss 15–17:** Subst 2001 No 14, Sch 1 \\[7\\].","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Fair compensation","content":"#### 17 Fair compensation\n\n17 Fair compensation\n\n> In determining what constitutes fair compensation for the purposes of determining the compensation payable under Part 2 for an improvement carried out by a tenant or an owner, regard may be had to the financial resources of the parties, the financial returns that might be expected from the improvement and other factors.\n> \n> **ss 15–17:** Subst 2001 No 14, Sch 1 \\[7\\].","sortOrder":20},{"sectionNumber":"Division 2","sectionType":"division","heading":"Other rights to compensation","content":"## Division 2 Other rights to compensation\n\nDivision 2 Other rights to compensation\n\n**pt 3, div 2, hdg:** Ins 2001 No 14, Sch 1 \\[7\\].","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Compensation for general improvement to farm","content":"#### 18 Compensation for general improvement to farm\n\n18 Compensation for general improvement to farm\n\n> > (1) It is a term of a tenancy that the owner must pay fair compensation to the tenant if there has been a general improvement to the farm by the adoption of better farm management by the tenant—\n> > \n> > > (a) than is normally practised on farms of the same character, and in the same neighbourhood, as the farm concerned, or\n> > \n> > > (b) than is required by any agreement.\n> \n> > (2) The compensation is to be reduced by the amount of any compensation paid or agreed to be paid, or determined by the Tribunal, for a particular improvement that caused or contributed to the general improvement.\n> \n> > (3) In determining what constitutes fair compensation for the purposes of determining the compensation payable for a general improvement carried out by a tenant, regard may be had to the financial resources of the parties, the financial returns that might be expected from the improvement and other factors.\n> \n> **s 18:** Subst 2001 No 14, Sch 1 \\[7\\]. Am 2012 No 2, Sch 1 \\[11\\].","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Compensation to tenant for stored products","content":"#### 19 Compensation to tenant for stored products\n\n19 Compensation to tenant for stored products\n\n> > (1) It is a term of a tenancy that the owner must pay the tenant fair compensation for any products stored by the tenant during the tenancy and left on the farm at the end of the tenancy.\n> \n> > (2) For the purposes of determining the compensation payable for any products stored by the tenant during the tenancy, the amount of compensation is—\n> > \n> > > (a) except in the case of a sharefarming arrangement, the value of the products to an incoming tenant, or\n> > \n> > > (b) in the case of a sharefarming arrangement, a proportion of that value equal to the proportion of the farm produce (or value of the farm produce) to which the tenant is entitled under the arrangement.\n> \n> > (3) In this section—\n> > \n> > products means grain, hay, silage, fertiliser or any other useful commodity, whether or not a product of the soil.\n> \n> **s 19:** Subst 2001 No 14, Sch 1 \\[7\\].","sortOrder":23},{"sectionNumber":"19A","sectionType":"section","heading":"Compensation for deterioration","content":"#### 19A Compensation for deterioration\n\n19A Compensation for deterioration\n\n> > (1) It is a term of a tenancy that the tenant must pay the owner fair compensation for any deterioration of the farm during the tenancy owing to the failure of the tenant to manage the farm in accordance with good farm management or the provisions of any agreement creating the tenancy, or both.\n> \n> > (2) For the purposes of determining the compensation payable for any deterioration of the farm, the amount of compensation is an amount representing the decrease in the value of the farm as a result of the deterioration.\n> \n> > (3) The compensation is payable when the deterioration is evident.\n> \n> > (4) The rights of an owner under this section are displaced by an agreement—\n> > \n> > > (a) to the extent that those rights are expressly waived by the agreement, or\n> > \n> > > (b) to the extent that the management of the farm (being management that is material to any claim for compensation under this section) is expressly authorised by the agreement.\n> \n> **s 19A:** Ins 2001 No 14, Sch 1 \\[7\\].","sortOrder":24},{"sectionNumber":"Part 4","sectionType":"part","heading":"Dispute resolution and remedies","content":"# Part 4 Dispute resolution and remedies\n\nPart 4 Dispute resolution and remedies\n\n**pt 4:** Subst 2001 No 14, Sch 1 \\[8\\]; 2012 No 2, Sch 1 \\[12\\].\n\n**pt 4, div 1, hdg:** Ins 2001 No 14, Sch 1 \\[8\\]. Rep 2012 No 2, Sch 1 \\[12\\].","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Applications to Tribunal relating to disputes","content":"#### 20 Applications to Tribunal relating to disputes\n\n20 Applications to Tribunal relating to disputes\n\n> > (1) An owner or tenant may apply to the Tribunal for determination of any of the following—\n> > \n> > > (a) a dispute relating to a right or obligation conferred by this Act,\n> > \n> > > (b) a dispute arising from, or relating to, an agreement creating a tenancy or any other dispute (not being a dispute referred to in paragraph (a)) arising from, or relating to, a tenancy,\n> > \n> > > (c) any other matter that may be determined by the Tribunal under this Act.\n> \n> > (2) An application to the Tribunal must be made not later than 3 months after the relevant dispute or other matter arises or the end of the tenancy, whichever is the later.\n> \n> **s 20:** Subst 2001 No 14, Sch 1 \\[8\\]; 2012 No 2, Sch 1 \\[12\\].\n> \n> **pt 4, div 2, hdg:** Ins 2001 No 14, Sch 1 \\[8\\]. Rep 2012 No 2, Sch 1 \\[12\\].","sortOrder":26},{"sectionNumber":"21","sectionType":"section","heading":"Orders that may be made by Tribunal","content":"#### 21 Orders that may be made by Tribunal\n\n21 Orders that may be made by Tribunal\n\n> > (1) The Tribunal may, on application by an owner or tenant under this Act, or in any proceedings under this Act, make one or more of the following orders—\n> > \n> > > (a) an order giving effect to a determination that may be made by the Tribunal under this Act,\n> > \n> > > (b) an order that a record of the condition of a matter under section 12 must be amended or is not required to be amended,\n> > \n> > > (c) an order that restrains any action in breach of a term of a tenancy,\n> > \n> > > (d) an order that requires an action in performance of a tenancy,\n> > \n> > > (e) an order for the payment of an amount of money,\n> > \n> > > (f) an order as to compensation,\n> > \n> > > (g) an order that an owner or tenant perform such work or take such other steps as the order specifies to remedy a breach of a term of the tenancy,\n> > \n> > > (h) an order directing an owner, an owner’s agent or a tenant to comply with a requirement of this Act or the regulations,\n> > \n> > > (i) an order terminating a tenancy or an order for the possession of a farm,\n> > \n> > > (j) an order directing an owner or owner’s agent to give a former tenant or a person authorised by the former tenant access to a farm for the purposes of recovering goods or fixtures that the former tenant is entitled to remove.\n> \n> > (2) An order under subsection (1) (c) or (d) may be made even though it provides a remedy in the nature of an injunction or order for specific performance in circumstances in which such a remedy would not otherwise be available.\n> \n> > (3) The Tribunal must not make an order for—\n> > \n> > > (a) the payment of an amount that exceeds $500,000 or such other amount as may be prescribed by the regulations for the purposes of this section, or\n> > \n> > > (b) the performance of work or the taking of steps the cost of which is likely to or will exceed $500,000 or such other amount as may be prescribed by the regulations for the purposes of this section.\n> \n> > (4) The Tribunal may, in any proceedings before it under this Act, make any one or more of the following orders—\n> > \n> > > (a) an order that varies or sets aside, or stays or suspends the operation of, any order made in proceedings or earlier proceedings,\n> > \n> > > (b) any ancillary order the Tribunal thinks appropriate,\n> > \n> > > (c) an interim order.\n> \n> > (5) A provision of this Act that enables an owner or tenant to apply for a determination by the Tribunal and the Tribunal to determine a matter or make an order also applies, where appropriate, to a former owner or former tenant.\n> \n> > (6) This section does not limit the Tribunal’s powers under the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002).\n> \n> **s 21:** Subst 2001 No 14, Sch 1 \\[8\\]; 2012 No 2, Sch 1 \\[12\\]. Am 2013 No 95, Sch 4.1 \\[3\\].","sortOrder":27},{"sectionNumber":"22","sectionType":"section","heading":null,"content":"#### 22\n\n22 (Repealed)","sortOrder":28},{"sectionNumber":"23","sectionType":"section","heading":"Amount awarded to be charge on land of trustees","content":"#### 23 Amount awarded to be charge on land of trustees\n\n23 Amount awarded to be charge on land of trustees\n\n> > (1) An amount ordered to be paid under this Act to a tenant and that is due from a trustee owner is a charge on the farm.\n> \n> > (2) The trustee owner is entitled to have the charge released if the trustee owner pays to the tenant the amount due to the tenant.\n> \n> > (3) The tenant is entitled to the charge while the trustee owner fails to pay to the tenant the amount due to the tenant.\n> \n> > (4) The charge may be registered in the General Register of Deeds under section 187 of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006).\n> \n> > (5) The amount due is not recoverable personally from the trustee owner.\n> \n> **s 23:** Subst 2001 No 14, Sch 1 \\[8\\]; 2012 No 2, Sch 1 \\[12\\].","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":null,"content":"#### 24\n\n24–26M (Repealed)","sortOrder":31},{"sectionNumber":"Part 5","sectionType":"part","heading":"General","content":"# Part 5 General\n\nPart 5 General","sortOrder":33},{"sectionNumber":"27","sectionType":"section","heading":"Contracting out","content":"#### 27 Contracting out\n\n27 Contracting out\n\n> > (1) Any agreement purporting to waive or abrogate any right, power or duty created by this Act, or otherwise to defeat the purposes of this Act, is to that extent void.\n> \n> > (2) Nothing in this section precludes a waiver of rights in accordance with a provision of this Act.\n> \n> **s 27:** Am 2001 No 14, Sch 1 \\[9\\].","sortOrder":34},{"sectionNumber":"27A","sectionType":"section","heading":null,"content":"#### 27A\n\n27A (Repealed)","sortOrder":35},{"sectionNumber":"28","sectionType":"section","heading":"Service of documents","content":"#### 28 Service of documents\n\n28 Service of documents\n\n> > (1) A document that is authorised or required by this Act or the regulations to be served on a person may be served by the following methods—\n> > \n> > > (a) for an individual—by personal delivery to the person,\n> > \n> > > (b) by leaving the document at the residential or business address of the person last known to the person serving the document,\n> > \n> > > (c) by post to the address specified by the person for the service of documents of that kind,\n> > \n> > > (d) for an individual who has not specified an address for service by post—by post to the residential or business address of the person last known to the person serving the document,\n> > \n> > > (e) for a corporation—by post to the registered or other office of the corporation or by leaving the document at the office with a person apparently over the age of 16 years,\n> > \n> > > (f) by email to an email address specified by the person for the service of documents of that kind,\n> > \n> > > (g) by other electronic means to an address or location specified by the person for the service of documents of that kind,\n> > \n> > > (h) by another method authorised by the regulations for the service of documents of that kind.\n> \n> > (2) Nothing in this section affects the operation of a provision of a law or of the rules of a court authorising a document to be served on a person by another method.\n> \n> > (3) In this section—\n> > \n> > serve includes give or send.\n> \n> **s 28:** Am 2006 No 120, Sch 3.1 \\[2\\]; 2012 No 2, Sch 1 \\[14\\] \\[15\\]; 2013 No 95, Sch 4.1 \\[5\\]; 2017 No 25, Sch 1.3. Subst 2024 No 25, Sch 6.1.","sortOrder":37},{"sectionNumber":"29","sectionType":"section","heading":"Regulations","content":"#### 29 Regulations\n\n29 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed or that are necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) (Repealed)\n> \n> **s 29:** Am 2001 No 14, Sch 1 \\[11\\] \\[12\\]; 2012 No 2, Sch 1 \\[16\\].","sortOrder":39},{"sectionNumber":"30","sectionType":"section","heading":"Repeal and savings","content":"#### 30 Repeal and savings\n\n30 Repeal and savings\n\n> > (1) The [Agricultural Holdings Act 1941](/view/pdf/asmade/act-1941-55) is repealed.\n> \n> > (2) Any regulations in force under that Act are repealed.\n> \n> > (3) Schedule 2 has effect.","sortOrder":40},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Improvements that a tenant may make as of right","content":"# Schedule 1 Improvements that a tenant may make as of right\n\nSchedule 1 Improvements that a tenant may make as of right\n\n(Section 7 (1))\n\n**sch 1:** Am 1993 No 11, Sch 3; 2000 No 54, Sch 1.1; 2001 No 14, Sch 1 \\[13\\]–\\[15\\]; 2004 No 16, Sch 2.1; 2013 No 51, Sch 7.4; 2014 No 33, Sch 2.2; 2015 No 24, Sch 8.2 \\[1\\]–\\[3\\].","sortOrder":41},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 2 Savings and transitional provisions\n\nSchedule 2 Savings and transitional provisions\n\n(Section 30)\n\n**sch 2:** Am 2001 No 14, Sch 1 \\[16\\] \\[17\\]; 2012 No 2 , Sch 1 \\[17\\] \\[18\\].","sortOrder":53}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1990 Act appears to have been substantially rewritten by the 2001 and 2012 amendments. The 2012 amendments in particular replaced the entire dispute resolution mechanism (Part 4), removing arbitration provisions and transferring jurisdiction to the Civil and Administrative Tribunal. This represents a significant shift from a potentially more informal arbitration system to a formal administrative tribunal structure. Additionally, the 2001 amendments inserted environmental sustainability objectives (section 3(a)) that likely weren't in the original legislation, expanding the scope beyond purely commercial tenancy matters to include ecological considerations."},"complexity_factors":["Multiple cross-references to external legislation (Protection of the Environment Administration Act 1991, Civil and Administrative Tribunal Act 2013, Biosecurity Act 2015, Food Act 2003, Conveyancing Act 1919)","Conditional logic for compensation: different rules apply depending on whether improvements were made with or without consent, and by owner or tenant (sections 6-9)","Nested definitions: 'improvement' excludes repairs unless specified, and 'tenant' excludes employees (section 4)","Schedule 1 creates a permitted list of unilateral tenant improvements with specific conditions (e.g., item 9 requires prior notice and owner inaction)","Termination notice periods vary by tenancy type (periodic vs. year-to-year vs. sharefarming) with additional cropping program requirements (section 14)","Transitional provisions preserving old arbitration system for pending matters while new Tribunal system applies to new disputes"],"plain_english_summary":"This law sets the ground rules for renting farmland in New South Wales. It applies to anyone leasing or share-farming a property of at least 1 hectare used for agriculture—covering everything from grazing and dairy to orchards and forestry.\n\n**What it does:**\n\n*   **Mandates written agreements:** Either the landowner or the farmer can demand that their handshake deal be put in writing. If they can't agree on the terms, the Civil and Administrative Tribunal (a government dispute-resolution body) can step in and decide them.\n*   **Governs farm improvements:** The Act creates a detailed system for who pays for upgrades to the property. If a tenant wants to build fences, improve drainage, or lay down pasture, they usually need the owner's permission—but there are exceptions for common-sense improvements listed in Schedule 1 (like fixing buildings or controlling pests). If the owner approves an improvement, they must compensate the tenant fairly when the lease ends. If the tenant goes ahead without permission (for approved improvements), they can still claim compensation. Conversely, if the owner makes improvements, the tenant may have to pay compensation back to the owner.\n*   **Protects tenants' fixtures:** Farmers can remove fixtures (like sheds or equipment) they've installed, provided they give notice. The owner can choose to buy the fixture instead by paying fair compensation.\n*   **Sets notice periods:** The Act sets minimum notice periods for ending tenancies—ranging from one month for short-term arrangements to six months for year-to-year leases—protecting farmers from being kicked off the land without warning.\n*   **Provides a dispute resolution forum:** Disputes about compensation, improvements, or breaches of the lease go to the Civil and Administrative Tribunal, which can issue orders for payment, require specific work to be done, or even terminate the tenancy.\n\n**Why it matters:**\n\nFarming requires long-term investment in the land. Without these rules, a tenant who spends years improving soil quality or building infrastructure could lose everything when the lease ends. The Act balances the rights of owners and tenants, encourages sustainable farming practices, and provides a cheap, accessible way to resolve disputes without going to court."},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Given the Act has been amended at least 13 times over 34 years (from 2000 to 2024 based on the version history provided), it is highly likely the scope has evolved from its original 1990 form. The responsible minister's portfolio (Better Regulation and Fair Trading) suggests the Act has been brought more into alignment with broader consumer and commercial regulation frameworks over time. However, without the actual legislative text, the precise nature and extent of any scope changes cannot be confirmed."},"complexity_factors":["Only metadata and status information was provided — the actual legislative text was absent, making full complexity assessment impossible","The Act has been amended multiple times since 1990 (at least 13 distinct versions), meaning its current form may differ significantly from the original","Agricultural tenancy law involves intersection of property law, contract law, and sector-specific regulation","The long operational history (1990 to present) means accumulated amendments could introduce complex layering of provisions","Determining whether a particular arrangement qualifies as an 'agricultural tenancy' under the Act may require careful legal analysis"],"plain_english_summary":"## Agricultural Tenancies Act 1990 (NSW)\n\n**What is this law about?**\n\nThis is a NSW law that governs the relationship between **landlords and tenants who lease farmland** (agricultural land) in New South Wales. It sets out the rights and obligations of both parties when farming land is rented out.\n\n**Who does it affect?**\n\n- **Farmers** who rent land to run their farming operations (tenants)\n- **Landowners** who lease their rural/agricultural properties to farmers (landlords)\n- Anyone involved in agricultural leasing arrangements in NSW\n\n**Why does it matter?**\n\nWithout this law, farmers renting land would have very little legal protection. The Act provides a framework that:\n- Defines what counts as an agricultural tenancy (a lease of farming land)\n- Sets out the basic rights and duties of both the farmer-tenant and the landowner\n- Provides protections so that farmers can invest in and improve the land without fear of being unfairly evicted\n- Establishes processes for resolving disputes between landlords and tenants\n\n**Important note:** Only the metadata and status information for this Act was provided — the actual text of the law was not included in the document supplied. The analysis above is based on what is known about this legislation by name, jurisdiction, and responsible minister. For the full detail of your rights and obligations, you should read the complete Act on the NSW Legislation website.\n\n**Who oversees it?**\n\nThe Act falls under the responsibility of the **Minister for Better Regulation and Fair Trading** in NSW."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act replaces the former Agricultural Holdings Act 1941 (s30) and contains transitional provisions carrying operations and disputes over to the new regime (Sch 2). The current text expressly frames objects to include encouragement of ecologically sustainable development and written agreements and establishes the Civil and Administrative Tribunal as the dispute forum (s3, s5, s20–21). Those textual elements show a change in statutory structure and dispute-resolution mechanism from the prior Act: rights and compensation mechanics are now tied to Tribunal determinations (see ss5, 6, 7, 15–17, 20–21) and transitional provisions preserve certain prior arbitral matters (Sch 2)."},"complexity_factors":["Multiple interdependent definitions (e.g. \"tenancy\", \"farm\", \"improvement\", \"sustainable agricultural production\") (s4)","Detailed compensation valuation rules that reference hypothetical incoming or incumbent tenants (ss15–16)","Tribunal discretion over suitability of non-consensual improvements and compensation determinations (s7(1)(c), s9(1), s21)","Procedural requirements and timing rules for notices, record-keeping and termination that vary by tenancy type (ss10, 12, 14)","Monetary/work caps on Tribunal orders and regulatory adjustment point (s21(3))","Interaction of statutory rights with contracting-out prohibition (s27) limiting private reallocation of risk","Transitional and repeal provisions tying this Act to the former Agricultural Holdings Act 1941 and related regulations (s30; Sch 2)","Schedule 1 list of tenant improvements that may be made as of right, creating categorical exceptions to consent rules (s7 & Sch 1)"],"plain_english_summary":"### What this law does, in plain English\n\nThis Act sets minimum rules for agricultural tenancies (leases, licences, sharefarming arrangements and similar arrangements where someone who is not the owner occupies or uses a farm) and creates a Tribunal-based process to resolve disputes about those rules.\n\nMechanically, the Act does the following:\n\n- Encourages written tenancy agreements and gives each party the right to have agreement terms reduced to writing; the Tribunal can decide terms if parties cannot agree (s5). \n- Defines which farm improvements may be made by tenants and owners, and sets who must pay compensation and when (tenants may improve with owner consent (s6); tenants may in limited circumstances improve without consent and be entitled to compensation (s7); owners may improve with tenant consent and be entitled to compensation (s8); owners may only improve without consent if the Tribunal approves (s9)). Schedule 1 lists tenant improvements that may be done without consent (s7 & Sch 1). Compensation for improvements is calculated by reference to the value of the improvement to an incoming or incumbent tenant and the parties’ dealings (ss15–17). \n- Gives tenants a right to remove fixtures they put on the farm, subject to notice and some exceptions; the owner can elect to buy such fixtures (s10). \n- Allows owners to enter the farm at reasonable times and after reasonable notice for specified purposes, but not into residential parts without consent (s11). \n- Requires joint records of the farm’s condition and of improvements or removable fixtures if either party requests them (s12). \n- Imposes account-keeping duties on both parties and a right to request copies of accounts (s13). \n- Sets minimum notice periods for terminating different kinds of tenancies and extra timing rules for sharefarming and annual cropping (s14). \n- Provides a 3-month time limit for applying to the Civil and Administrative Tribunal for matters arising under the Act (s20). \n- Authorises the Tribunal to make a wide range of orders (including orders for money, compensation, specific performance, injunctions, possession, and access to recover items) but caps money or work orders at $500,000 (or an amount prescribed by regulation) (s21). \n- Prevents parties from contracting out of the Act’s statutory rights and duties (s27). \n- Sets out acceptable methods for serving documents, including email and other electronic means where specified (s28). \n- Repeals the prior Agricultural Holdings Act 1941 and carries transitional savings (s30; Sch 2).\n\nThe Act’s stated purposes (the objects) are to encourage ecologically sustainable farming practices to the extent they apply, to encourage written tenancy agreements, and to provide a dispute-resolution mechanism through the Tribunal (s3). These are claims of purpose; the Act implements them by the mechanical rules above.\n\nWho pays and who decides (mechanically, with section references)\n\n- Owners pay compensation to tenants for tenant improvements carried out with consent or for prescribed/immediate improvements (s6, s7(2)).\n- Tenants may pay owners for owner-carried improvements where agreed or as determined (s8, s9). \n- Tenants must compensate owners for deterioration caused by failure to meet good farm management (s19A).\n- The Tribunal decides contested terms, whether an improvement is suitable where consent is absent, and the amount and timing of compensation where parties do not agree (s5(2), s7(1)(c), s9(1), s6(4), s7(3)).\n- If the owner is a trustee and ordered to pay an amount, the amount can be a charge on the farm until paid (s23).\n\nIncentives and behavioural effects (mechanisms, not judgments)\n\n- By making compensation for improvements payable at tenancy end (unless otherwise agreed), the Act creates an incentive for tenants to invest in improvements when either (a) they have owner consent and expect compensation (s6), (b) the improvement is listed in Schedule 1 or prescribed (s7(1)(a),(b)), or (c) they expect Tribunal approval (s7(1)(c)). The specific valuation method (value to an incoming tenant or incumbent tenant) determines how attractive particular investments are (ss15–16).\n- Owners may be incentivised to consent to tenant improvements or to carry out improvements themselves, knowing compensation rules set how costs are recovered (s8, s16).\n- Contracting-out is void to the extent it defeats the Act’s rights (s27), which limits parties’ ability to privately reallocate legal risk away from the statutory baseline.\n\nCompliance burden, discretion points and implementation risk (mechanical sources)\n\n- Record-keeping and disclosure: either party can require joint records of condition and records of improvements/fixtures (s12); both must keep proper accounts and must share them on request (s13). These impose ongoing administrative duties.\n- Notice and procedural steps: tenants must give reasonable notice before removing fixtures; owners must give reasonable notice before entry; specific notice periods are required to terminate tenancies (ss10, 11, 14). These procedural steps are necessary for exercising rights under the Act. \n- Tribunal discretion: the Tribunal has broad powers to determine disputes, decide suitability of non-consensual improvements, set compensation and make varied orders including interim and ancillary orders (s5(2), s7(1)(c), ss20–21). This concentrates decision-making discretion in the Tribunal and creates an implementation reliance on its processes.\n- Monetary/works cap: the Tribunal cannot order payments or works exceeding $500,000 unless regulations change that amount (s21(3)), which limits exposure for very large claims.\n- Transitional and registration mechanisms: orders against trustee owners can be registered as charges on the farm (s23(4)) and the Act replaced the former Agricultural Holdings Act 1941 subject to transitional savings (s30; Sch 2), creating particular transitional application rules.\n\nTrade-offs and opportunity costs implicit in the mechanics\n\n- The Act balances tenant investment protection (compensation rules) with owner control (consent requirements and ability to carry out improvements). The valuation rules (ss15–16) and the Tribunal’s ability to consider the parties’ financial resources (s17) are the mechanisms that translate that balance into outcomes.\n- Encouraging written agreements (s3(b), s5) reduces uncertainty but imposes drafting time and possible negotiation costs.\n- The Tribunal-based dispute route centralises adjudication (ss20–21), which can lower bilateral bargaining costs but creates dependence on a public dispute-resolution process and its timelines and procedural costs.\n\nConcrete implementation risks to watch (mechanical)\n\n- The Tribunal’s exercise of discretion on what improvements are \"suitable and desirable\" (s7(1)(c), s9(1)) can create uncertainty until case law or practice establishes standards.\n- Calculation of \"value to an incoming tenant\" or \"incumbent tenant\" (ss15–16) may be fact-intensive and lead to contested expert evidence and litigation costs.\n- Administrative burdens (joint records, accounts, notices) can be a recurring compliance cost for small operators (ss12–13, s10).\n\nSummary of where the Act affects private choice and enterprise\n\n- Investment incentives: tenants gain a statutory path to recoup investment value (ss6–7, 15–17), which can increase tenant willingness to improve productive assets, subject to the consent rules and valuation method.\n- Contract freedom: parties cannot validly contract out of the Act’s protections (s27), so private contracts cannot remove statutory entitlements and duties created here.\n- Property/ownership effects: compensation obligations and a possible registered charge against a farm (s23) alter the economic rights and exposures tied to farm ownership.\n\nSections most important for day-to-day operation: ss3 (objects), 4 (definitions), 5–14 (core tenancy rights and duties), 15–19A (compensation rules), 20–21 (Tribunal access and powers), 23 (charge on land of trustees), 27–28 (contracting out and service), Sch 1 (tenant improvements allowed without consent) and Sch 2 (transitional rules).\n"}},"importantCases":[],"_links":{"self":"/api/acts/agricultural-tenancies-act-1990","history":"/api/acts/agricultural-tenancies-act-1990/history","analysis":"/api/acts/agricultural-tenancies-act-1990/analysis","conflicts":"/api/acts/agricultural-tenancies-act-1990/conflicts","importantCases":"/api/acts/agricultural-tenancies-act-1990/important-cases","documents":"/api/acts/agricultural-tenancies-act-1990/documents"}}