Queensland Consolidated Acts

LAND VALUATION ACT 2010 - SECT 48

48 What is farming

(1)
"Farming" is the use of land for a farming business if—

(a) the use is the land’s dominant use; and

(b) the conditions under subsections (2) and (3) are complied with.

(2) The business must be carried out for profit on a continuous or repetitive basis.

(3) The business must have a substantial commercial purpose or character shown by at least one of the following—

(a) having an average gross annual return, worked out over a 3-year period, of at least $5,000;

(b) if the business is establishing and harvesting native or non-native forests—having an average anticipated gross annual return, worked out over the period from establishment to harvesting that is usual for the particular species of tree, of at least $5,000;

(c) if the business is maintaining and harvesting native forests—having an average anticipated gross annual return, worked out over the period from the start of maintenance to harvesting of the particular species of tree, of at least $5,000;

(d) having both of the following—

(i) a minimum value of farm improvements or planting of forest or orchard trees of $50,000;

(ii) the appearance of being kept for farming or expenditure on crops, forest trees, maintenance of farm improvements, livestock or orchard trees.

(4) In this section—

"farm improvements" includes appropriate sheds, other structures, facilities, farm plant and land development for the particular farming business but does not include a dwelling or car accommodation.

"farming business" means—

(a) the business or industry of grazing, dairying, pig farming, poultry farming, viticulture, orcharding, apiculture, horticulture, aquaculture, vegetable growing, the growing of crops of any kind or forestry; or

(b) another business or industry involving the cultivation of soils, the harvesting of crops or the rearing of livestock.