Advanced Search

Decision on the land banking system

Original Language Title: Besluit grondbankstelsel

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Decision of 13 December 1982 on the designation of cases in which the office of agriculture may proceed to the issue in the long-term lease of agricultural land

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

On the nomination of Our Minister for Agriculture and Fisheries, a.i. of 5 August 1982, No J 4316, Directorate-General for Legal and Business Organisational Affairs;

Heard the Committee on Agriculture and Rural Affairs;

Whereas, in certain cases, it is desirable that agricultural land should be issued by the Office for agricultural land management of agricultural land to enable agricultural operators to be used in the agricultural sector;

Having regard to Article 57, first paragraph, of the Agricultural Land Act ( Stb. 1981, 248);

The Council of State heard (opinion delivered on 29 September 1982, No 2420/17/8238);

Having regard to the further report of the Secretary of State for Agriculture and Fisheries of 30 November 1982, No J. 5486, Directorate-General for Legal and Business Organisational Affairs;

Have found good and understand:


Article 1

Compare Versions Save Relationships (...) (External Link) Permanent Link

For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:

'foster child' means the person who has been cared for and raised sustainably as a child of their own;

'farm area' means the area measured according to cadastral size of agricultural parcels in use in so far as they are uncultivated and do not constitute the erf, and where such use is made on the basis of a right of property, a business right, or a lease agreement for at least the legal duration.


Article 2

Compare Versions Save Relationships (...) (External Link) Permanent Link

The Bureau may, on application by our Minister, to issue in the following cases, to issue in succession of agricultural land, to the extent necessary for financial consideration by our Minister, the following shall be applied:

  • a-succession in a holding by one or more of the children, or of one or more children, engaged on their own account or with one or more other natural persons on a joint account, holding a holding, or exercising their own right to a family;

  • b. Exercise by the tenant of the preferred right as referred to in Section 11 of Title 5 of Book 7 of the Civil Code ;

  • c. An increase of the farm area.


Article 3

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister can join in the Dutch Official Gazette Determine the scheme to be disclosed that in one or more cases, as referred to in Article 2 no applications may be submitted to a time to be determined by him at that time.

  • 2 Our Minister may, in his provisions under paragraph 1, provide that applications for land lease issuance may be made for agricultural land intended for the issue and for which the agency has acquired the property before the date of the the time of filing of the application.


Article 4

Compare Versions Save Relationships (...) (External Link) Permanent Link

The in Article 2 Such rules may include, inter alia:

  • (a) the financing structure of the applicant's holding;

  • (b) the areas within which to issue an issue;

  • (c) the amount of the amount involved in the issue;

  • (d) the area of the agricultural land to be declared in the land in succession;

  • e. the age of the applicant;

  • f. the charting situation of the applicant's business both before and after issuance.


Article 5

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 This decision may be referred to as "Decision on the ground banking system".

  • 2 It shall enter into force from 1 January 1983.

Burden and order that this Decision, together with the accompanying note of explanatory note to the State Sheet will be placed and copies thereof will be sent to the Council of State.

' s-Gravenhage, 13 December 1982

Beatrix

The Secretary of State for Agriculture and Fisheries,

A. Crew

Published on the 28th of December 1982

The Minister of Justice,

F. Korthals Altes