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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:

Agriculturalist - Bone Fide: Definition

Department of the Environment

Definition of Bona Fide Agriculturalist

Purpose of the Report

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

Background

The first Rural Economy Strategy (2005) introduced a new definition for both a bona fide agriculturalist and a smallholder. These definitions were used by the Solicitor General in arriving at the Judgement – Kerley -v- Minister for Planning and Environment and Riggall in 2008. (Please refer to MD-E-2011-0056.)

Discussion

A new Rural Economic Strategy (RES) 2011 - 2015 was passed by the States of Jersey on 18 January 2011 and included a policy to review the Agricultural Land (Control of Sales and Leases) Law 1974, which the Economic Affairs Scrutiny RES Sub-Panel recommended should be completed and published by September 2012. Because the scope of the review could theoretically lead to a redefinition of bona fide agriculturalist and smallholder in the context of the law, no specific level of economic activity was mentioned even though it was referred to in the RES 2011 - 2015.

Under the 1974 Land Law, Section 2, paragraph 3 refers to conditions which can be imposed by the Minister. These conditions included the statement that an agriculturalist is defined as someone who is mainly or wholly employed in agriculture or horticulture. The Rural Economic Strategy (2005) strengthened this definition by stating that “A bona fide agriculturalist is 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. (Currently £40,000 total gross margin per annum).

“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).

Therefore, unless the review of the 1974 Land Law redefines the definitions of a bona fide agriculturalist and smallholder it is proposed that the definitions of a bona fide agriculturalist and smallholder, including the levels of economic activity, will remain the same as defined in the Rural Economic Strategy (2005).

Recommendation

The Minister agrees to keep the existing definition of a bona fide agriculturalist and smallholder and the current target level of economic activity as set out in the Rural Economy Strategy 2005.

Written by:	Land Controls and Horticultural Manager

Approved by:	Director Environmental Management and Rural Economy

Ministerial Decision ref: MD-E-2011-0045

4/4/11