New South Wales Consolidated Acts

AGRICULTURAL TENANCIES ACT 1990 - SECT 10

10 Tenants’ fixtures

(1) It is a term of a tenancy that a fixture affixed to a farm by a tenant may be removed by the tenant before or within a reasonable time after the end of the tenancy.

(2) Subsection (1) does not apply to the following fixtures:

(a) a fixture for which the tenant claims or can claim compensation (for example, a fixture that is an improvement),

(b) a fixture that is affixed under an obligation to do so under a tenancy or other agreement or in place of a fixture belonging to the owner.

(3) It is a term of a tenancy that a tenant must not remove a fixture affixed to the farm by the tenant without giving reasonable oral or written notice to the owner, and any occupier of the farm for the time being, of the tenant’s intention to remove the fixture.

(4) It is a term of a tenancy that, at any time before the end of the notice period, the owner may serve written notice on the tenant of the owner’s decision to purchase the fixture. The tenant must then leave the fixture, which becomes the property of the owner, who must pay fair compensation to the tenant as if it were an improvement for which compensation is payable under section 7 (2).

(5) It is a term of the tenancy that:

(a) before removing a fixture, the tenant must, as far as practicable, comply with all the tenant’s obligations to the owner in respect of the farm, and

(b) when removing a fixture, the tenant must not do, or must make good, any damage to any other fixture or other part of the farm.

(6) In this section:
"fixture" includes a building.