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Agriculturalist - Bone Fide: Definition

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

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  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

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A decision made 27 May 2011:

Decision Reference:

MD-PE-2011-0045

Decision Summary

Title :

 

Definition of Bona Fide Agriculturalist

 

Date of Decision Summary:

4/4/2011

Decision Summary Author:

Land Controls and Horticultural Development Manager

Decision Summary:

Public or Exempt?

(If Exempt state clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title:

Definition of Bona Fide Agriculturalist

 

Date of Written

Report:

4/4/2011

Written Report  Author:

Land Controls and Horticultural Development Manager

Written Report :

Public or Exempt?

(If Exempt State clauses from Code of Practice booklet)

Public

 

Subject: To agree the definition, including level of economic activity, of what constitutes a bona fide agriculturalist and smallholder until the completion of the review of the Agricultural Land (Control of Sales and Leases) Law 1974 under the Rural Economy Strategy 2011 to 2015.

 

Decision(s): The Minister decided to retain the definition of bona fide agriculturalist and smallholder in the Rural Economic Strategy 2006 – 2010.

Reason(s) for decision:  The definition of a bona fide agriculturalist in the Rural Economic Strategy 2011 to 2015 refers to the “target level of economic activity as defined by the strategy” which has not been defined as in the Rural Economic Strategy 2006 – 2010.  Therefore to avoid doubt the definitions are - someone who is employed in land dependent primary production, obtaining income from agriculture or horticulture which meets a target level of economic activity as defined by the 2005 Strategy;  a Smallholder (part time or small scale agriculturalist) is a person actively participating in land dependent primary production which meets a reduced level of economic activity as compared with a bona fide agriculturalist (currently £5,000 total gross margin per annum). Please refer to MD-E-2011-0056.

Resource Implications: There are no financial or manpower implications.

 

Action required:  The Minister to instruct Land Controls to use existing definition when applying the 1974 Land Law.

Signature: 

 

 

 

SENATOR FREDDIE COHEN

Position:

 

 

 

Minister for Planning and Environment

Date Signed:

 

Date of Decision:

 

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