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Part IIE+W Good Estate Management and Good Husbandry

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W

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Amendments (Textual)

Rules of good estate management and good husbandryE+W

10Good estate management.E+W

(1)For the purposes of this Act, an owner of agricultural land shall be deemed to fulfil his responsibilities to manage it in accordance with the rules of good estate management in so far as his management of the land and (so far as it affects the management of that land) of other land managed by him is such as to be reasonably adequate, having regard to the character and situation of the land and other relevant circumstances, to enable an occupier of the land reasonably skilled in husbandry to maintain efficient production as respects both the kind of produce and the quality and quantity thereof.

(2)In determining whether the management of land is such as aforesaid, regard shall be had, but without prejudice to the generality of the provisions of the last foregoing subsection, to the extent to which the owner is providing, improving, maintaining and repairing fixed equipment on the land in so far as is necessary to enable an occupier of the land reasonably skilled in husbandry to maintain efficient production as aforesaid.

(3)The responsibilities under the rules of good estate management of an owner of land in the occupation of another person shall not in relation to the maintenance and repair of fixed equipment include an obligation to do anything which that other person is under an obligation to do by virtue of any agreement.

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Modifications etc. (not altering text)

11Good husbandry.E+W

(1)For the purposes of this Act, the occupier of an agricultural unit shall be deemed to fulfil his responsibilities to farm it in accordance with the rules of good husbandry in so far as the extent to which and the manner in which the unit is being farmed (as respects both the kind of operations carried out and the way in which they are carried out) is such that, having regard to the character and situation of the unit, the standard of management thereof by the owner and other relevant circumstances, the occupier is maintaining a reasonable standard of efficient production, as respects both the kind of produce and the quality and quantity thereof, while keeping the unit in a condition to enable such a standard to be maintained in the future.

(2)In determining whether the manner in which a unit is being farmed is such as aforesaid, regard shall be had, but without prejudice to the generality of the provisions of the last foregoing subsection, to the extent to which—

(a)permanent pasture is being properly mown or grazed and maintained in a good state of cultivation and fertility and in good condition;

(b)the manner in which arable land is being cropped is such as to maintain that land clean and in a good state of cultivation and fertility and in good condition;

(c)the unit is properly stocked where the system of farming practised requires the keeping of livestock, and an efficient standard of management of livestock is maintained where livestock are kept and of breeding where the breeding of livestock is carried out;

(d)the necessary steps are being taken to secure and maintain crops and livestock free from disease and from infestation by insects and other pests;

(e)the necessary steps are being taken for the protection and preservation of crops harvested or lifted, or in course of being harvested or lifted;

(f)the necessary work of maintenance and repair is being carried out.

(3)The responsibilities under the rules of good husbandry of an occupier of an agricultural unit which is not owned by him shall not include an obligation to carry out any work of maintenance or repair which the owner of the unit or any part thereof is under an obligation to carry out in order to fulfil his responsibilities to manage in accordance with the rules of good estate management.

Annotations:

Modifications etc. (not altering text)

12—20.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W

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Amendments (Textual)

F2Ss. 12–20 repealed by Agriculture Act 1958 (c. 71), Sch. 2 Pt. I without prejudice to the operation of s. 95 of this Act: Agricultural Act 1958 (c. 71), s. 10(2)

21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3E+W

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Amendments (Textual)