Agricultural Holdings (Amendment) Act 1989 (NSW)

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AGRICULTURAL HOLDINGS (AMENDMENT) ACT 1989

No. 12

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title
2. Commencement

3. Amendment of Agricultural Holdings Act 1941 No. 55

SCHEDULE 1—AMENDMENTS RELATING TO LEASES AND SHARE-FARMING

AGREEMENTS

SCHEDULE 2—AMENDMENTS BY WAY OF STATUTE LAW REVISION

AGRICULTURAL HOLDINGS (AMENDMENT) ACT 1989 No. 12

NEW SOUTH WALES

Act No. 12, 1989

An Act to amend the Agricultural Holdings Act 1941 to repeal provisions fixing minimum terms for leases of, and share-farming agreements for,
certain agricultural holdings and provisions relating to notices to quit; and
for other purposes. [Assented to 18 April 1989]

Agricultural Holdings (Amendment) 1989

The Legislature of New South Wales enacts:

Short title

1.     This Act may be cited as the Agricultural Holdings (Amendment) Act

1989.

Commencement

2. (1) This Act commences on a day or days to be appointed by

proclamation, except as provided by subsection (2).

(2) Schedule 2 and section 3 in its application to that Schedule commence

on the date of assent.

Amendment of Agricultural Holdings Act 1941 No. 55

3. The Agricultural Holdings Act 1941 is amended as set out in

Schedules 1 and 2.

SCHEDULE 1—AMENDMENTS RELATING TO LEASES AND

SHARE-FARMING AGREEMENTS

(Sec. 3)

(1) Section 4 (Definitions)

Section 4(1), definition of "Contract of tenancy"—

Omit the definition, insert instead:

"Contract of tenancy" means a letting of land or an agreement

for letting land.

(2) Part 5, head ing-

Omit "EXTENSION OF TENANCIES AND".

(3) Section 22 (Construction of provisions of contracts of tenancy relating

to term of tenancy)

Omit the section.

(4) Section 23 (Extension of tenancies under leases for a term of two years

or upwards)

Omit the section.

(5) Section 24 (Notices to quit)

Omit the section.

(6) Section 39—

3   Act No. 12

Agricultural Holdings (Amendment) 1989

SCHEDULE 1—AMENDMENTS RELATING TO LEASES AND

SHARE-FARMING AGREEMENTS—continued

(7) Third Schedule-

After the Second Schedule, insert:

THIRD SCHEDULE—SAVINGS AND TRANSITIONAL PROVISIONS

(Sec. 39)

Agricultural Holdings (Amendment) Act 1989

Section 22. 23 or 24 (as in force immediately before its repeal by the

Agricultural Holdings (Amendment) Act 1989) continues to apply to—

(a)

a contract of tenancy of a holding that was in force immediately before its repeal; and

(b)

a contract of tenancy of a holding that commences or is renewed after its repeal because of the exercise of an option granted before its repeal.

SCHEDULE 2—AMENDMENTS BY WAY OF STATUTE LAW REVISION

(Sec. 3)

(1) Long title—

(a) After "tenant farmers" wherever occurring, insert "and share-farmers".

(b) Omit "to provide for the extension of tenancies of certain rural holdings;".

(2) Section 2 (Arrangement)—

Omit the section.

(3) Section 3 (Repeal and savings)

Omit the section.

(4) Part 2 (Transitory Provisions)

Omit the Part.

(5) Section 33 (Recovery of compensation from trustee etc.)

Section 33 (d)—

Omit "Conveyancing Act, 1919-1939", insert instead "Conveyancing Act

1919".

(6) First Schedule, Part 3, item (26)—

Omit "Dairy Industry Marketing Authority Act, 1979,", insert instead "Dairy

Industry Act 1979".

[Minister's second reading speech made in

Legislative Assembly on 15 November 1988
Legislative Council on 11 April 1989]

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