New South Wales Consolidated Acts

AGRICULTURAL TENANCIES ACT 1990 - SECT 4

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.