New South Wales Consolidated Acts

AGRICULTURAL TENANCIES ACT 1990 - SECT 19A

19A Compensation for deterioration

(1) It is a term of a tenancy that the tenant must pay the owner fair compensation for any deterioration of the farm during the tenancy owing to the failure of the tenant to manage the farm in accordance with good farm management or the provisions of any agreement creating the tenancy, or both.

(2) For the purposes of determining the compensation payable for any deterioration of the farm, the amount of compensation is an amount representing the decrease in the value of the farm as a result of the deterioration.

(3) The compensation is payable when the deterioration is evident.

(4) The rights of an owner under this section are displaced by an agreement:

(a) to the extent that those rights are expressly waived by the agreement, or

(b) to the extent that the management of the farm (being management that is material to any claim for compensation under this section) is expressly authorised by the agreement.