The Agricultural Tenancies Act 1990 applies to all agricultural tenancies in New South Wales. The Act gives the owner and the tenant freedom to make a tenancy agreement tailored to meet the particular needs of both, and to deal with the realities of present-day agricultural practices. The Act provides a mechanism for resolution of disputes by the parties themselves through mediation; and also provides an arbitration mechanism for settling disputes between parties to agricultural tenancies that is outside the court system. The procedures for the arbitration aim to be quick, cheap and as free of legal technicality as possible.

The Act does not have the power to enable recovery of outstanding rent or lease payments. Such matters should be directed to the Local Court.

Administration

The Act is administered by the Director-General of the NSW Department of Primary Industries.

Inquiries in relation to the administration of the Act may be made to:

What we can do:

• Provide information to parties on how matters are dealt with under the Agricultural Tenancies Act 1990.
• Provide general information on sharefarming agreements.
• Assist parties with proceedings under that Act including finding a mediator and commencing proceedings.

What we cannot do:

• Provide legal advice.
• Suggest a solicitor.
• Mediate disputes.
• Provide sharefarming agreement templates or assist with development of sharefarming agreements.
• Assist with debt recovery matters.

Where can I go for advice?

• Your Solicitor;
• The Rural Counselling Service may be able to assist. You can obtain contact details from your local telephone directory, by contacting the Registrar, or by accessing the list from the Internet – www.raa.nsw.gov.au – under Farm Debt Mediation / Mediation kit / Point 15, NSW Rural Counselling Service;
• A Chamber Magistrate; or
• (if eligible) a Community Legal Centre or Legal Aid Commission.

Important note

This webpage only provides a general summary of some of the rights of owners and tenants under the Agricultural Tenancies Act 1990. It does not provide or purport to give legal advice. Persons should seek legal advice from a legal practitioner when proposing to enter into an agricultural tenancy; to make improvements under an existing tenancy, or in relation to any dispute.

Relevant legislation

• Agricultural Tenancies Act 1990 No 64
• Agricultural Tenancies Regulation 2006
• Commercial Arbitration Act 1984 No 160