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Last Updated
15/11/07
9.8 Agricultural Leases
9.8.1 Banana Plantation Leases
9.8.2 Forestry Produce Leases
9.8.3 Oyster Leases
9.8.4 Leases Of Dip Sites
An agricultural lease is any lease of land for the purpose of production, growing, harvesting and farming of produce. There is an onus on the Registrar General to ensure that all agricultural leases define the land affected with an accuracy that is relative to the purpose and liability of the lease document. Land and Property Information, Department of Lands has agreed to waive the requirements for a full plan of survey defining the site of the land to be leased where the lease is for "Banana Plantation" or "Forestry Produce" over part of a Torrens title. Such a plan may be lodged as a deposited plan or a plan annexed to a dealing. The surveyor who prepares the plan must be satisfied that the accuracy of the plan provides adequate definition against all title and property issues.
Note 1: This concession only applies to a lease of land for Banana Plantation or Forestry Produce lease purposes. Any other lease affecting part of a parcel must comply with the requirements for 'Lease of land'.
Note 2: A Profit a Prendre is a right to use the produce of the land, not a lease of the land itself.
The plan defining the land to be leased in any head lease or sub-lease for agricultural lease purposes, whether prepared as an annexure to a dealing or as a deposited plan, must be prepared and signed by a "land" surveyor registered in NSW.
Where it is intended to register a series of leases based on the same plan it will be economic to either:
- lodge the plan as a deposited plan, or
- lodge the plan as an annexure to the first lease and refer to that plan in subsequent leases as "plan lodged with Lease No. ", or
- lodge the plan as an annexure to a Request (Form 11R) so as to place the plan on record as a reference source prior to lodgment of the first lease.