Agricultural tenancy orders

List of orders NCAT can make under the Agricultural Tenancies Act 1990 (NSW).

If you are applying to NCAT you must quote the section of the Act that you issue falls under. Write the section number in the orders section of the application form. You may also have to provide supporting documents as part of your application.

If you have received a notice of hearing, the section numbers may help you understand why you have been taken to NCAT and learn the types of supporting documents you should gather.

An agricultural tenancy application to NCAT must be made not later than 3 months after the relevant dispute or other matter arises or the end of the tenancy, whichever is the later.

Written tenancy agreement

Section	Orders	Who can apply?	Information required
5	An order about the terms of an agricultural tenancy agreement that is to be reduced to writing	Owner or tenant	Provide full details about the agreement and terms in dispute.

Improvements

Section	Orders	Who can apply?	Information required
6	An order for compensation for improvements carried out with the owner’s consent	Tenant	Provide details of the improvements made and details of any agreement about compensation.
7	An order for compensation for improvements carried out without the owner’s consent	Tenant	Provide details of the improvements made.
8	An order for compensation for improvements carried out with the tenant’s consent.	Owner	Provide details of the improvements made and details of any agreement about compensation.
9	An order for compensation for improvements carried out without the tenant’s consent.	Owner	Provide details of the improvements made.

Compensation

Section	Orders	Who can apply?	Information required
18	An order for compensation to the tenant for general improvements to the farm	Tenant	Provide details of the improvements made.
19	An order for compensation to the tenant for stored products left on the farm at the end of the tenancy	Tenant	Provide details of the value of the products left behind.
19A	Compensation for deterioration of the farm during the tenancy	Owner	Provide details of any deterioration owing to the failure of the tenant to manage the farm.
21(1)(f)	An order as to compensation	Owner or tenant	Provide full details as to why NCAT should make orders for compensation.

Record of condition of farm and accounts

Section	Orders	Who can apply?	Information required
21(1)(b)	An order that a record of the condition of the farm be amended or not amended	Owner or tenant	Provide details of the land and any cultivation of the land; any buildings, fences, gates, roads, drains other works or things; or any other improvements made, including record of any fixtures.

Termination

Section	Orders	Who can apply?	Information required
21(1)(i)	An order terminating the tenancy or for possession of the farm	Owner or tenant	Provide termination date and other details.

Access to farm

Section	Orders	Who can apply?	Information required
21(1)(j)	An order to allow the former tenant or other person access to the farm for the purpose of recovering goods or fixtures that the former tenant is entitled to remove	Owner or tenant	Explain why this order is necessary and the dates and times you require access.

Other orders

Section	Orders	Who can apply?	Information required
21(1)(c)	An order that restrains any action in breach of an agricultural tenancy agreement	Owner or tenant	Provide full details of the terms of the agreement that have been broken.
21(1)(d)	An order that requires an action in performance of an agricultural tenancy agreement	Owner or tenant	Provide full details about the terms of the agreement that have been broken.
21(1)(e)	An order for the payment of an amount of money Note: The Tribunal cannot make an order for an amount in excess of $500,000	Owner or tenant	Provide full details as to why NCAT should order payment to you and list the particulars and amount of each item being claimed.
21(1)(g)	An order that an owner or tenant perform such work or take such other steps to remedy a breach of a term of the tenancy (specific performance)	Owner or tenant	Provide full details of the work or steps required to remedy the breach of the tenancy.
21(1)(h)	An order directing the owner or owner’s agent or the tenant to comply with a requirement of the Act	Owner or tenant	Provide full details and explain why the order should be made.