Land Use (in title 330, Primary Industry)

Abstract

Land used for agricultural purposes can be held as freehold land, as native title or other forms of Aboriginal and Torres Strait Islander title, as a lease or licence of Crown land, or under a private tenancy or other agreement for use, in the same manner and subject to the same general real property laws as other land. However, where rural land has been converted to freehold from a leasehold interest in Crown land, a restricted form of freehold may be granted and ministerial or executive consent may be required for certain dealings with the land. Rural land is frequently leased or licensed under a private tenancy agreement, sharefarmed or agisted. The fact that an agreement is called a 'lease', 'licence', 'sharefarming agreement' or 'agistment' does not mean it will be characterised by a court as such. Where rural land is held under native title by Aboriginal or Torres Strait Islander landholders or is claimed as native title by registered native title claimants, its use and management may be subject to an Indigenous Land Use Agreement ('ILUA') with pastoralists or other land users.