This Act sets minimum rules for agricultural tenancies and creates a Tribunal-based dispute process. It encourages written agreements, defines when tenants or owners may make and be compensated for farm improvements, protects tenants’ rights to remove fixtures, and imposes recordkeeping, account-sharing and notice requirements.
It caps Tribunal monetary/work orders, prevents contracting-out of statutory protections, and shifts risks and incentives between owners and tenants by making compensation and Tribunal decisions central to investment and termination disputes.
The Agricultural Tenancies Act 1990 (NSW) establishes a statutory overlay of rights, duties and default terms that govern every "tenancy" of a "farm". Section 4(1) defines "tenancy" expansively to include any lease, licence, agreement for lease, tenancy at will, sharefarming arrangement or "any other arrangement" by which a non-owner obtains a right to occupy or use land of not less than one hectare that is wholly or mostly used for "agricultural purposes". The latter term is itself broadly defined to encompass grazing, dairying, pig-farming, poultry farming, viticulture, orcharding, bee-keeping, horticulture, vegetable growing, crop growing, forestry or any combination.
At its core the Act pursues three objects set out in s 3 (as substituted by the Agricultural Tenancies Amendment Act 2001): (a) to require regard to the principles of ecologically sustainable development (imported by reference to s 6(2) of the Protection of the Environment Administration Act 1991) in so far as they can apply to farming; (b) to encourage written agreements and to impose a set of default terms; and (c) to channel disputes to the Civil and Administrative Tribunal (NCAT).
Part 2 supplies the default terms. Section 5 confers a mutual right to insist that any agreement be reduced to writing signed by both parties; if the parties cannot agree on terms, NCAT may determine them. Sections 6–9 regulate improvements. A tenant may carry out any improvement with the owner’s consent (s 6(1)) and is entitled to fair compensation at the end of the tenancy unless the parties have fixed a fair amount by agreement. Without consent, the tenant is limited to the exhaustive list in Schedule 1 (drainage, clearing, pest control, laying pastures, fertiliser application, certain building repairs, etc.), works prescribed by regulation, or works first approved by NCAT as "suitable and desirable" (s 7(1)). The owner enjoys parallel but narrower rights: improvements require tenant consent (s 8) or NCAT approval (s 9).
Current sections
Direct links to the current provisions in Agricultural Tenancies Act 1990.
This Act commences on a day or days to be appointed by proclamation.
3
Objects
3 Objects
3 Objects
The objects of this Act are—
(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) 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
(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
(c) to provide a mechanism for settling disputes between parties to agricultural tenancies through applications to the Civil and Administrative Tribunal.
(d) (Repealed)
s 3: Subst 2001 No 14, Sch 1 [2]. Am 2012 No 2, Sch 1 [2]; 2013 No 95, Sch 4.1 [1].
4
Definitions
4 Definitions
4 Definitions
(1) In this Act—
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.
exercise a function includes perform a duty.
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.
function includes a power, authority or duty.
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.
owner means any person for the time being entitled to the rents and profits of a farm.
sustainable agricultural production is agricultural production that complies with the following criteria—
(a) responsiveness to consumer needs for food and fibre products that are healthy and of high quality,
(b) the taking into account of the cost of production, including environmental costs, and pricing that reflects those costs,
(c) the protection and restoration of the natural resource base on which agricultural depends,
(d) the prevention of adverse on-site and off-site impacts on the environment and any sector of the community,
(e) be flexible in order to accommodate regional differences and changing economic, environmental and social circumstances such as drought or terms of trade,
(f) financial viability.
These features of sustainable agriculture should be considered as a package, and no single feature should predominate over the others.
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.
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.
Tribunal means the Civil and Administrative Tribunal.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) Notes included in this Act do not form part of this Act.
s 4: Am 2001 No 14, Sch 1 [3]–[6]; 2012 No 2 [3] [4]; 2013 No 95, Sch 4.1 [2].
Part 2
General rights of tenants and owners
Part 2 General rights of tenants and owners
Part 2 General rights of tenants and owners
pt 2: Subst 2001 No 14, Sch 1 [7].
pt 2, div 1, hdg: Rep 2001 No 14, Sch 1 [7].
5
Agreements to be in writing
5 Agreements to be in writing
5 Agreements to be in writing
(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.
(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.
s 5: Subst 2001 No 14, Sch 1 [7]. Am 2012 No 2, Sch 1 [5].
6
Improvements carried out by tenants with consent
6 Improvements carried out by tenants with consent
6 Improvements carried out by tenants with consent
(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.
(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.
(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.
(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.
Note—
Division 1 of Part 3 sets out the way compensation is to be determined for the purposes of this Part.
s 6: Subst 2001 No 14, Sch 1 [7]. Am 2012 No 2 , Sch 1 [6].
7
Improvements carried out by tenants without consent
7 Improvements carried out by tenants without consent
7 Improvements carried out by tenants without consent
(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—
(a) the improvement is mentioned in Schedule 1, or
(b) the improvement is a work or thing of a kind prescribed by the regulations for the purposes of this section, or
(c) the improvement is first determined by the Tribunal to be suitable and desirable in the circumstances.
(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).
(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.
(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.
s 7: Subst 2001 No 14, Sch 1 [7]. Am 2012 No 2, Sch 1 [7].
8
Improvements carried out by owner with consent
8 Improvements carried out by owner with consent
8 Improvements carried out by owner with consent
(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.
(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.
(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.
(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.
s 8: Subst 2001 No 14, Sch 1 [7]. Am 2012 No 2, Sch 1 [8].
9
Improvements carried out by owners without consent
9 Improvements carried out by owners without consent
9 Improvements carried out by owners without consent
(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.
(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.
(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.
s 9: Subst 2001 No 14, Sch 1 [7]. Am 2012 No 2, Sch 1 [9].
pt 2, div 2, hdg: Rep 2001 No 14, Sch 1 [7].
10
Tenants’ fixtures
10 Tenants’ fixtures
10 Tenants’ fixtures
(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.
(2) Subsection (1) does not apply to the following fixtures—
(a) a fixture for which the tenant claims or can claim compensation (for example, a fixture that is an improvement),
(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.
(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.
(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).
(5) It is a term of the tenancy that—
(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
(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.
(6) In this section—
fixture includes a building.
s 10: Subst 2001 No 14, Sch 1 [7].
11
Right of owner to enter farm
11 Right of owner to enter farm
11 Right of owner to enter farm
(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—
(a) to view its condition,
(b) to perform a function of the owner under this Act,
(c) to carry out an improvement (if permitted by this Act).
(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.
(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.
(4) Notice under this section may be given orally or may be served in writing.
s 11: Subst 2001 No 14, Sch 1 [7].
12
Record of condition of farm
12 Record of condition of farm
12 Record of condition of farm
(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—
(a) the land and any cultivation of the land,
(b) any buildings, fences, gates, roads, drains or other works or things on the farm,
(c) any other improvements.
(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.
(3), (4) (Repealed)
s 12: Subst 2001 No 14, Sch 1 [7]. Am 2012 No 2, Sch 1 [10].
13
Accounts
13 Accounts
13 Accounts
It is a term of the tenancy that the owner and a tenant each have—
(a) the duty to keep proper accounts in connection with the tenancy, and
(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.
s 13: Subst 2001 No 14, Sch 1 [7]. Am 2024 No 25, Sch 5.1.
14
Termination of tenancy
14 Termination of tenancy
14 Termination of tenancy
(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.
(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.
(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—
(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
(b) in any other case—a period of 1 month.
(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.
(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.
(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.
s 14: Subst 2001 No 14, Sch 1 [7].
Part 3
Compensation
Part 3 Compensation
Part 3 Compensation
pt 3: Subst 2001 No 14, Sch 1 [7].
Division 1
Determination of compensation for improvements
Division 1 Determination of compensation for improvements
Division 1 Determination of compensation for improvements
pt 3, div 1, hdg: Ins 2001 No 14, Sch 1 [7].
15
Determination of compensation payable for tenants’ improvements
15 Determination of compensation payable for tenants’ improvements
15 Determination of compensation payable for tenants’ improvements
(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.
(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).
ss 15–17: Subst 2001 No 14, Sch 1 [7].
16
Determination of compensation payable for owners’ improvements
16 Determination of compensation payable for owners’ improvements
16 Determination of compensation payable for owners’ improvements
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.
ss 15–17: Subst 2001 No 14, Sch 1 [7].
17
Fair compensation
17 Fair compensation
17 Fair compensation
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.
ss 15–17: Subst 2001 No 14, Sch 1 [7].
Division 2
Other rights to compensation
Division 2 Other rights to compensation
Division 2 Other rights to compensation
pt 3, div 2, hdg: Ins 2001 No 14, Sch 1 [7].
18
Compensation for general improvement to farm
18 Compensation for general improvement to farm
18 Compensation for general improvement to farm
(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—
(a) than is normally practised on farms of the same character, and in the same neighbourhood, as the farm concerned, or
(b) than is required by any agreement.
(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.
(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.
s 18: Subst 2001 No 14, Sch 1 [7]. Am 2012 No 2, Sch 1 [11].
19
Compensation to tenant for stored products
19 Compensation to tenant for stored products
19 Compensation to tenant for stored products
(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.
(2) For the purposes of determining the compensation payable for any products stored by the tenant during the tenancy, the amount of compensation is—
(a) except in the case of a sharefarming arrangement, the value of the products to an incoming tenant, or
(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.
(3) In this section—
products means grain, hay, silage, fertiliser or any other useful commodity, whether or not a product of the soil.
s 19: Subst 2001 No 14, Sch 1 [7].
19A
Compensation for deterioration
19A Compensation for deterioration
19A Compensation for deterioration
(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.
(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.
(3) The compensation is payable when the deterioration is evident.
(4) The rights of an owner under this section are displaced by an agreement—
(a) to the extent that those rights are expressly waived by the agreement, or
(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.
s 19A: Ins 2001 No 14, Sch 1 [7].
Part 4
Dispute resolution and remedies
Part 4 Dispute resolution and remedies
Part 4 Dispute resolution and remedies
pt 4: Subst 2001 No 14, Sch 1 [8]; 2012 No 2, Sch 1 [12].
pt 4, div 1, hdg: Ins 2001 No 14, Sch 1 [8]. Rep 2012 No 2, Sch 1 [12].
20
Applications to Tribunal relating to disputes
20 Applications to Tribunal relating to disputes
20 Applications to Tribunal relating to disputes
(1) An owner or tenant may apply to the Tribunal for determination of any of the following—
(a) a dispute relating to a right or obligation conferred by this Act,
(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,
(c) any other matter that may be determined by the Tribunal under this Act.
(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.
s 20: Subst 2001 No 14, Sch 1 [8]; 2012 No 2, Sch 1 [12].
pt 4, div 2, hdg: Ins 2001 No 14, Sch 1 [8]. Rep 2012 No 2, Sch 1 [12].
21
Orders that may be made by Tribunal
21 Orders that may be made by Tribunal
21 Orders that may be made by Tribunal
(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—
(a) an order giving effect to a determination that may be made by the Tribunal under this Act,
(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,
(c) an order that restrains any action in breach of a term of a tenancy,
(d) an order that requires an action in performance of a tenancy,
(e) an order for the payment of an amount of money,
(f) an order as to compensation,
(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,
(h) an order directing an owner, an owner’s agent or a tenant to comply with a requirement of this Act or the regulations,
(i) an order terminating a tenancy or an order for the possession of a farm,
(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.
(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.
(3) The Tribunal must not make an order for—
(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
(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.
(4) The Tribunal may, in any proceedings before it under this Act, make any one or more of the following orders—
(a) an order that varies or sets aside, or stays or suspends the operation of, any order made in proceedings or earlier proceedings,
(b) any ancillary order the Tribunal thinks appropriate,
(c) an interim order.
(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.
s 21: Subst 2001 No 14, Sch 1 [8]; 2012 No 2, Sch 1 [12]. Am 2013 No 95, Sch 4.1 [3].
22
22
22 (Repealed)
23
Amount awarded to be charge on land of trustees
23 Amount awarded to be charge on land of trustees
23 Amount awarded to be charge on land of trustees
(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.
(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.
(3) The tenant is entitled to the charge while the trustee owner fails to pay to the tenant the amount due to the tenant.
(4) The charge may be registered in the General Register of Deeds under section 187 of the Conveyancing Act 1919.
(5) The amount due is not recoverable personally from the trustee owner.
s 23: Subst 2001 No 14, Sch 1 [8]; 2012 No 2, Sch 1 [12].
24
24
24–26M (Repealed)
Part 5
General
Part 5 General
Part 5 General
27
Contracting out
27 Contracting out
27 Contracting out
(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.
(2) Nothing in this section precludes a waiver of rights in accordance with a provision of this Act.
s 27: Am 2001 No 14, Sch 1 [9].
27A
27A
27A (Repealed)
28
Service of documents
28 Service of documents
28 Service of documents
(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—
(a) for an individual—by personal delivery to the person,
(b) by leaving the document at the residential or business address of the person last known to the person serving the document,
(c) by post to the address specified by the person for the service of documents of that kind,
(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,
(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,
(f) by email to an email address specified by the person for the service of documents of that kind,
(g) by other electronic means to an address or location specified by the person for the service of documents of that kind,
(h) by another method authorised by the regulations for the service of documents of that kind.
(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.
(3) In this section—
serve includes give or send.
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.
29
Regulations
29 Regulations
29 Regulations
(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.
(2) (Repealed)
s 29: Am 2001 No 14, Sch 1 [11] [12]; 2012 No 2, Sch 1 [16].
(2) Any regulations in force under that Act are repealed.
(3) Schedule 2 has effect.
Schedule 1
Improvements that a tenant may make as of right
Schedule 1 Improvements that a tenant may make as of right
Schedule 1 Improvements that a tenant may make as of right
(Section 7 (1))
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].
Schedule 2
Savings and transitional provisions
Schedule 2 Savings and transitional provisions
Schedule 2 Savings and transitional provisions
(Section 30)
sch 2: Am 2001 No 14, Sch 1 [16] [17]; 2012 No 2 , Sch 1 [17] [18].
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act may be cited as the Agricultural Tenancies Act 1990.
2 Commencement
2 Commencement
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Objects
3 Objects
3 Objects
The objects of this Act are—
(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) 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
(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
(c) to provide a mechanism for settling disputes between parties to agricultural tenancies through applications to the Civil and Administrative Tribunal.
(d) (Repealed)
s 3: Subst 2001 No 14, Sch 1 [2]. Am 2012 No 2, Sch 1 [2]; 2013 No 95, Sch 4.1 [1].
4 Definitions
4 Definitions
4 Definitions
(1) In this Act—
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.
exercise a function includes perform a duty.
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.
function includes a power, authority or duty.
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.
Section 10 deals with tenants’ fixtures. A tenant may remove any fixture (including a building) before or within a reasonable time after termination, subject to notice, making good damage, and the owner’s right to elect to purchase the fixture for fair compensation. Section 11 grants the owner a right of entry on reasonable notice for inspection, performance of statutory functions or authorised improvements, but not into residential parts without consent. Section 12 requires joint records of condition and of improvements/fixtures if either party so requires. Section 13 imposes reciprocal duties to keep proper accounts and to supply copies on request.
Termination is regulated by s 14. Fixed-term tenancies end automatically. Periodic tenancies require written notice calibrated to the period, with additional buffers linked to the end of the annual cropping program for sharefarming or year-to-year arrangements. These notice rules do not apply to termination for breach or by agreement.
Part 3 governs compensation. For tenant improvements the measure is the value of the improvement to an incoming tenant, taking into account any benefit already given by the owner (s 15(1)–(2)). Owner improvements are valued by reference to benefit to the incumbent tenant (s 16). "Fair compensation" may have regard to the parties’ financial resources and expected returns (s 17). Section 18 adds a right to compensation for general improvement through superior farm management, reduced by any specific-improvement compensation already paid. Section 19 entitles a tenant to compensation for stored products left on the farm (valued to an incoming tenant or, in sharefarming, the tenant’s proportionate share). Conversely, s 19A imposes liability on the tenant for deterioration caused by failure to follow good farm management or the agreement; compensation equals the diminution in value of the farm and is payable when the deterioration is evident. Rights under s 19A can be displaced by express waiver or authorisation in the agreement.
Part 4 provides the enforcement machinery. Section 20 allows an owner or tenant (including former owner or tenant – s 21(5)) to apply to NCAT for determination of any dispute concerning rights or obligations under the Act or any dispute arising from the tenancy. Applications must be brought within three months after the dispute arises or the end of the tenancy, whichever is later. Section 21 lists an extensive menu of orders NCAT may make: restraining breaches, requiring performance, compensation, termination, possession, variation of earlier orders, interim orders, and ancillary relief. NCAT’s powers under the Civil and Administrative Tribunal Act 2013 are preserved. Monetary and work-order limits are set at $500,000 unless regulations prescribe otherwise (s 21(3)).
Part 5 contains miscellaneous provisions. Section 27 voids any contracting-out that waives statutory rights, although express waivers permitted by the Act itself are saved. Service of documents is governed by the updated s 28 (substituted 2024), which authorises personal delivery, leaving at last known address, post, email, other electronic means or any method prescribed by regulation. Section 29 authorises regulations. Section 30 repeals the Agricultural Holdings Act 1941 and gives effect to the savings and transitional provisions in Schedule 2, which extend the amended Act to existing tenancies and preserve pre-2012 arbitration rules for pending matters.
Schedule 1 enumerates improvements a tenant may make as of right. Schedule 2 contains regulation-making powers for transitional matters and provides that the Act as amended in 2001 applies to tenancies in existence immediately before repeal of the 1941 Act.
In short, the statute converts what would otherwise be purely contractual or common-law relationships into a highly regulated statutory tenancy overlaid with sustainability obligations, default terms, compensation formulae, procedural safeguards and a specialist tribunal forum.
Who it affects
The Act applies to any "owner" and any "tenant" of a "farm". "Owner" means any person for the time being entitled to the rents and profits of the farm (s 4(1)), capturing freeholders, life tenants, mortgagees in possession, trustees and Crown lessees. "Tenant" includes a sharefarmer and any sub-tenant or person whose right derives from the tenant, but expressly excludes a tenant who is employed by the owner (s 4(1)). The definition is therefore wide enough to cover oral licences, at-will occupancies and complex profit-sharing arrangements common in Australian agriculture.
The land must be not less than one hectare and wholly or mostly used or intended to be used for agricultural purposes. Urban fringe hobby farms, residential blocks with a kitchen garden, or land used principally for non-agricultural activities fall outside the Act. Conversely, a large grazing property, a vineyard, a citrus orchard, a dairy, a silvicultural plantation or a mixed cropping and bee-keeping enterprise all qualify.
Because the Act’s objects refer to "agricultural landowners and their tenants and sharefarmers", it directly affects the rural sector: family farmers, corporate agribusinesses, institutional investors in farmland, banks holding securities over farms, and government agencies that lease land for agricultural research or demonstration. Successors in title are bound because the statutory terms attach to the land and the definition of "owner" is ambulatory.
Former owners and former tenants also have standing under s 21(5) to seek orders concerning fixtures, compensation or accounts after the tenancy has ended. Trustees who are owners receive special protection in s 23: any compensation ordered to be paid by a trustee owner becomes a charge on the farm that can be registered under the Conveyancing Act 1919, but the trustee is not personally liable.
Indigenous land councils, statutory land trusts and holders of perpetual leases under the Crown Land Management Act 2016 may also fall within the Act where they grant agricultural tenancies. The exclusion of employed tenants means that sharemilkers or managers paid a salary plus a profit share may or may not be covered depending on the characterisation of their relationship; the distinction is frequently litigated before NCAT.
Key duties and rights
The Act creates a balanced but asymmetric set of rights. Tenants enjoy:
The right to insist on a written agreement (s 5(1)) and to have disputed terms settled by NCAT.
The right to carry out Schedule 1 improvements without consent and to receive fair compensation (s 7(2)).
The right to compensation for improvements made with consent or with NCAT approval (ss 6, 7).
The right to compensation for general improvement through superior management (s 18) and for stored products (s 19).
The right to remove fixtures after reasonable notice, subject to the owner’s election to purchase (s 10).
The right to receive accounts and to have a joint record of condition (ss 12, 13).
Protection against contracting-out (s 27).
Owners enjoy parallel rights to compensation for their own improvements (ss 8, 9, 16), a right of entry (s 11), the ability to purchase tenants’ fixtures (s 10(4)), and a right to compensation for deterioration (s 19A). Both parties must keep accounts (s 13) and cooperate in making records (s 12).
The sustainability object in s 3(a) is framed as an exhortation rather than a directly enforceable duty, but it colours the Tribunal’s assessment of what is "suitable and desirable" under ss 7(1)(c) and 9(1) and what constitutes "good farm management" for the purposes of ss 18 and 19A.
Compensation is almost always "fair compensation" rather than a fixed formula. Section 15(2) requires valuation by reference to the financial returns expected by a hypothetical incoming tenant (expressly excluding sharefarming). Section 17 permits regard to the parties’ financial resources, expected returns "and other factors", introducing a discretionary equity that can lead to contested expert evidence on soil science, farm budgeting and discount rates.
Termination rights are tightly prescribed. A year-to-year tenancy requires six months’ notice expiring at least one month after the end of the annual cropping program (s 14(4)–(5)). Sharefarming for crop growing requires one month’s notice after the cropping program ends (s 14(3)(a)). These rules cannot be overridden except by agreement or for breach.
Penalties and enforcement
The Act is civil rather than criminal. It contains no offence provisions or infringement notice regimes. Enforcement occurs exclusively through NCAT. Section 21(1) lists the available orders: specific performance, injunctions (expressly authorised even where equity would not otherwise grant them – s 21(2)), compensation, termination, possession, variation of earlier orders, interim orders and ancillary relief. The Tribunal cannot award more than $500,000 or order works whose cost exceeds that sum (s 21(3)); larger claims must proceed in a court of competent jurisdiction.
An order for payment by a trustee owner is registrable as a charge on the land (s 23) but is not recoverable personally against the trustee. Failure to comply with an NCAT order can be enforced as a contempt or, in the case of monetary orders, as a judgment of the Local Court or Supreme Court under the Civil and Administrative Tribunal Act 2013.
Because the Act implies terms into every tenancy, breach also sounds in contract. A party may therefore elect to sue for damages at common law or seek the statutory remedies. The three-month limitation in s 20(2) applies only to applications "under this Act"; common-law claims may be subject to the Limitation Act 1969.
How it interacts with other laws
The Act sits within a web of interlocking statutes. Its sustainability object expressly imports s 6(2) of the Protection of the Environment Administration Act 1991, which lists the well-known principles of ESD (precaution, intergenerational equity, conservation of biological diversity, internalisation of external costs). Schedule 1 item 4 refers to the Biosecurity Act 2015 for the definition of "pests" and for authorised destruction or control. Item 10 refers to the Food Act 2003 for building standards. Service rules in s 28 now align with modern electronic-service provisions appearing in the Electronic Transactions Act 2000.
Dispute resolution is routed through NCAT, so the Civil and Administrative Tribunal Act 2013 and its procedural rules govern practice and procedure, costs (generally no costs unless special circumstances), and enforcement of orders. The Act expressly preserves NCAT’s powers under that statute (s 21(6)).
Interaction with the Conveyancing Act 1919 arises in two places: s 23 permits registration of compensation charges under s 187 of the Conveyancing Act, and the law of fixtures at common law is modified by s 10. The Act does not displace the general law of waste, although s 19A provides a statutory analogue for deterioration.
Where the land is Crown land, the Crown Land Management Act 2016 may impose additional constraints on the owner’s power to grant tenancies or to consent to improvements. If the farm is subject to a mortgage, the mortgagee’s rights under the Real Property Act 1900 or Conveyancing Act must be considered before a tenant can remove fixtures that might affect the security.
The Act does not apply to residential tenancies (expressly excluded from the owner’s entry right in s 11(2)) and is distinct from the Residential Tenancies Act 2010. Sharefarming arrangements that are in substance joint ventures rather than tenancies may fall outside the Act and be governed by partnership or contractual principles.
Recent changes and why
The most significant modernisation occurred in 2001 when the Agricultural Tenancies Amendment Act 2001 substituted entirely new Parts 2, 3 and 4, repealed the old arbitration divisions, inserted the ESD object, expanded the definition of "tenant" to include sharefarmers explicitly, introduced the general-improvement and deterioration provisions (ss 18, 19A), and aligned compensation language with contemporary valuation practice. The 2001 amendments were driven by a recognition that the 1941 Act was outdated, that oral agreements were causing costly disputes, and that environmental degradation required statutory encouragement of sustainable practices.
The Agricultural Tenancies Amendment Act 2012 substituted Part 4 again, replacing the former arbitration and mediation regime with direct NCAT jurisdiction, removed the obsolete Farm Arbitration Committees, and made consequential changes to limitation periods and order-making powers. This reform was part of a broader NSW government policy to consolidate civil dispute resolution into a single tribunal and to reduce costs for rural litigants.
In 2013 the Statute Law (Miscellaneous Provisions) Act (No 2) made minor amendments to update cross-references to the new NCAT legislation. The 2024 amendments (Statute Law (Miscellaneous Provisions) Act 2024 No 25) updated s 13 (accounts) and comprehensively rewrote s 28 (service of documents) to accommodate contemporary electronic communication methods and to align with similar provisions in other NSW Acts. These changes reflect the gradual shift from paper-based rural transactions to digital service.
No regulations have been made under the Act since the repeal of the 2006 Regulation, leaving the Schedule 1 list as the primary mechanism for prescribing tenant improvements as of right.
Court challenges and controversies
Because most matters are determined by NCAT, reported appellate decisions are sparse. The Supreme Court has on occasion granted leave to appeal under s 83 of the Civil and Administrative Tribunal Act 2013 on questions of law. Controversies have centred on three areas.
First, the characterisation of arrangements as "tenancies" or "sharefarming arrangements" within s 4. In several NCAT decisions the Tribunal has emphasised substance over form: a contract labelled "joint venture" but conferring exclusive possession and requiring the "tenant" to bear all input costs while sharing gross proceeds has been held to fall within the Act.
Second, the valuation methodology in s 15(2). The requirement to value improvements by reference to returns to a hypothetical incoming tenant (expressly "not being a sharefarming arrangement") has produced disputes over discount rates, residual value of fertiliser, and whether climate variability should be factored into the hypothetical tenancy. Expert agronomist and valuer evidence is almost always required.
Third, the interaction between s 19A deterioration claims and express authorisations in the agreement. Owners have argued that broad "husbandry clauses" authorising the tenant to manage the farm "in accordance with its own methods" waive s 19A rights; tenants counter that only specific authorisation of the impugned practice displaces the statutory right. The Tribunal has tended to construe waivers narrowly, consistent with the anti-contracting-out policy in s 27.
No High Court or Court of Appeal decision has yet settled the meaning of "fair compensation" or the precise content of the ESD obligation in the agricultural context. The paucity of superior-court authority is itself a source of uncertainty for practitioners.
Gotchas
Most practitioners miss that the three-month limitation in s 20(2) runs from "the relevant dispute or other matter arises or the end of the tenancy, whichever is the later". A tenant who discovers deterioration-related damage years after vacating may still be within time if the dispute "arises" only upon discovery. Conversely, an owner who delays issuing a compensation claim for improvements may be statute-barred even if the tenancy has not yet ended.
The definition of "improvement" in s 4(1) excludes repair or replacement of items already on the farm when the tenant entered "except as provided by this Act". Schedule 1 item 9 nevertheless permits certain repairs to buildings after notice if the owner fails to act. The interplay between the exclusion and the exception is a frequent trap; many tenants have been denied compensation because they failed to give the prerequisite notice.
Section 10(4) gives the owner an election to purchase a fixture upon notice of removal. The election must be made "at any time before the end of the notice period". If the owner serves the purchase notice late, the tenant may remove the fixture and the owner loses the statutory right. The election converts the fixture into an "improvement" for which compensation is assessed under s 7(2), not market value.
Sharefarmers must be alert to the differential notice periods and the special valuation rule in s 19(2)(b). A sharefarmer entitled to 50 % of produce receives only 50 % of the value of stored grain left on the farm, even though the grain may have been produced entirely by the sharefarmer’s labour and inputs.
The sustainability object is not merely aspirational. When NCAT determines whether an improvement is "suitable and desirable" under s 7(1)(c) or assesses "good farm management" under s 18 or s 19A, the Tribunal routinely receives evidence on whether the practice complies with the ESD principles. A tenant who clears native vegetation without approval or applies fertiliser in a manner likely to cause algal blooms may find both compensation denied and a counter-claim for deterioration upheld.
Finally, the charge created by s 23 over trustee-owned land survives transfer to a new owner who takes with notice. Purchasers of farmland must therefore conduct searches in the General Register of Deeds for any registered s 23 charges, a step rarely taken in ordinary conveyancing.
How to comply
Compliance begins with a written agreement that addresses every default term in Part 2 and expressly records the parties’ intentions on improvements, compensation rates (where they wish to depart from "fair" compensation), notice periods, and management standards. The agreement should annex a detailed condition report completed jointly at commencement (s 12) with photographs, GPS coordinates of fences and soil-test results. A second report should be prepared at termination.
Owners should maintain a register of all improvements carried out by either party and insist on written consent or NCAT approval before non-Schedule 1 works. Tenants must give the precise notice required by s 10(3) before removing fixtures and should photograph the site before and after removal to prove compliance with the make-good obligation.
Both parties must keep proper accounts. For sharefarming, this means contemporaneous records of all inputs, harvest weights, sales and expenses. Requests for copies under s 13 should be made in writing and acknowledged.
Sustainability compliance requires more than lip service. Parties should incorporate by reference an environmental management plan that references the NSW DPI guidelines on soil health, native vegetation and nutrient management. Where fertiliser is applied, keep records demonstrating compliance with the Biosecurity Act 2015 and the POEO (General) Regulation.
When a dispute arises, gather evidence early: soil tests, satellite imagery, agronomist reports, financial budgets demonstrating returns to an incoming tenant. Because NCAT is not bound by the rules of evidence, hearsay and opinion evidence from experienced farmers can be persuasive, but tribunals still prefer independent expert reports on valuation.
Before entering any new tenancy, search the General Register of Deeds for s 23 charges and obtain a statutory declaration from the owner that no compensation orders are outstanding. On termination, serve any termination notice by a method that complies with the updated s 28 (email to a designated address is now sufficient if previously specified).
For larger corporate owners or institutional lessors, implement a farm-tenancy playbook that mandates annual joint condition reviews, quarterly account exchanges and mediation before NCAT applications. Insurance policies should be checked to confirm that both owner and tenant improvements are adequately covered and that public liability extends to activities on the farm.
Finally, because the Act is protective legislation, any clause that purports to exclude statutory rights is void to that extent (s 27(1)). Drafting must therefore use the language of "agreement as to amount" or "express authorisation" rather than blanket waivers. Regular review of agreements against the current version of the Act (including any new regulations) is essential; the 2024 amendments to service provisions mean that older templates may no longer protect against claims of invalid notice.
owner means any person for the time being entitled to the rents and profits of a farm.
sustainable agricultural production is agricultural production that complies with the following criteria—
(a) responsiveness to consumer needs for food and fibre products that are healthy and of high quality,
(b) the taking into account of the cost of production, including environmental costs, and pricing that reflects those costs,
(c) the protection and restoration of the natural resource base on which agricultural depends,
(d) the prevention of adverse on-site and off-site impacts on the environment and any sector of the community,
(e) be flexible in order to accommodate regional differences and changing economic, environmental and social circumstances such as drought or terms of trade,
(f) financial viability.
These features of sustainable agriculture should be considered as a package, and no single feature should predominate over the others.
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.
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.
Tribunal means the Civil and Administrative Tribunal.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) Notes included in this Act do not form part of this Act.
s 4: Am 2001 No 14, Sch 1 [3]–[6]; 2012 No 2 [3] [4]; 2013 No 95, Sch 4.1 [2].
Part 2 General rights of tenants and owners
Part 2 General rights of tenants and owners
Part 2 General rights of tenants and owners
pt 2: Subst 2001 No 14, Sch 1 [7].
pt 2, div 1, hdg: Rep 2001 No 14, Sch 1 [7].
5 Agreements to be in writing
5 Agreements to be in writing
5 Agreements to be in writing
(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.
(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.
s 5: Subst 2001 No 14, Sch 1 [7]. Am 2012 No 2, Sch 1 [5].
6 Improvements carried out by tenants with consent
6 Improvements carried out by tenants with consent
6 Improvements carried out by tenants with consent
(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.
(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.
(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.
(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.
Note—
Division 1 of Part 3 sets out the way compensation is to be determined for the purposes of this Part.
s 6: Subst 2001 No 14, Sch 1 [7]. Am 2012 No 2 , Sch 1 [6].
7 Improvements carried out by tenants without consent
7 Improvements carried out by tenants without consent
7 Improvements carried out by tenants without consent
(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—
(a) the improvement is mentioned in Schedule 1, or
(b) the improvement is a work or thing of a kind prescribed by the regulations for the purposes of this section, or
(c) the improvement is first determined by the Tribunal to be suitable and desirable in the circumstances.
(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).
(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.
(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.
s 7: Subst 2001 No 14, Sch 1 [7]. Am 2012 No 2, Sch 1 [7].
8 Improvements carried out by owner with consent
8 Improvements carried out by owner with consent
8 Improvements carried out by owner with consent
(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.
(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.
(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.
(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.
s 8: Subst 2001 No 14, Sch 1 [7]. Am 2012 No 2, Sch 1 [8].
9 Improvements carried out by owners without consent
9 Improvements carried out by owners without consent
9 Improvements carried out by owners without consent
(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.
(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.
(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.
s 9: Subst 2001 No 14, Sch 1 [7]. Am 2012 No 2, Sch 1 [9].
pt 2, div 2, hdg: Rep 2001 No 14, Sch 1 [7].
10 Tenants’ fixtures
10 Tenants’ fixtures
10 Tenants’ fixtures
(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.
(2) Subsection (1) does not apply to the following fixtures—
(a) a fixture for which the tenant claims or can claim compensation (for example, a fixture that is an improvement),
(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.
(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.
(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).
(5) It is a term of the tenancy that—
(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
(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.
(6) In this section—
fixture includes a building.
s 10: Subst 2001 No 14, Sch 1 [7].
11 Right of owner to enter farm
11 Right of owner to enter farm
11 Right of owner to enter farm
(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—
(a) to view its condition,
(b) to perform a function of the owner under this Act,
(c) to carry out an improvement (if permitted by this Act).
(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.
(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.
(4) Notice under this section may be given orally or may be served in writing.
s 11: Subst 2001 No 14, Sch 1 [7].
12 Record of condition of farm
12 Record of condition of farm
12 Record of condition of farm
(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—
(a) the land and any cultivation of the land,
(b) any buildings, fences, gates, roads, drains or other works or things on the farm,
(c) any other improvements.
(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.
(3), (4) (Repealed)
s 12: Subst 2001 No 14, Sch 1 [7]. Am 2012 No 2, Sch 1 [10].
13 Accounts
13 Accounts
13 Accounts
It is a term of the tenancy that the owner and a tenant each have—
(a) the duty to keep proper accounts in connection with the tenancy, and
(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.
s 13: Subst 2001 No 14, Sch 1 [7]. Am 2024 No 25, Sch 5.1.
14 Termination of tenancy
14 Termination of tenancy
14 Termination of tenancy
(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.
(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.
(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—
(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
(b) in any other case—a period of 1 month.
(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.
(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.
(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.
s 14: Subst 2001 No 14, Sch 1 [7].
Part 3 Compensation
Part 3 Compensation
Part 3 Compensation
pt 3: Subst 2001 No 14, Sch 1 [7].
Division 1 Determination of compensation for improvements
Division 1 Determination of compensation for improvements
Division 1 Determination of compensation for improvements
pt 3, div 1, hdg: Ins 2001 No 14, Sch 1 [7].
15 Determination of compensation payable for tenants’ improvements
15 Determination of compensation payable for tenants’ improvements
15 Determination of compensation payable for tenants’ improvements
(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.
(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).
ss 15–17: Subst 2001 No 14, Sch 1 [7].
16 Determination of compensation payable for owners’
This is an opening excerpt, not the complete document.