Requirement for Sugarcane Farmer to hold Eligible Interest

Definition of eligible interest in a sugarcane farm

For the purposes of RASF, a sugarcane farmer holds an eligible interest in a sugarcane farm if they:

• have legal ownership of the sugarcane farm land, or
• hold a pastoral lease over the sugarcane farm land, or
• hold an equitable interest in general law land that is mortgaged, or
• are a sharefarmer in a private company that owns or holds a pastoral lease over the sugarcane farm land.

Sharefarmers who do not own real land

Sharefarmers who do not own real land and do not have an eligible interest are unable to participate in RASF.

Occupation of property on short-term lease

Sugarcane farmers who occupy property on a short-term lease rather than a pastoral lease are unable to participate in RASF because they do not have an eligible interest in the sugarcane farm.

Trustee of trust

A trustee of a trust has a legal interest in the trust's assets. Accordingly, where a farm is owned by a trust and the sugarcane farmer is the trustee of that trust, he or she has an eligible interest in the sugarcane farm. This includes situations where the sugarcane farmer is the trustee of an estate, for example where a widow/widower is trustee of the deceased partner's will.

Shareholders in private trustee companies

Shareholders in private trustee companies that own a sugarcane farm have an eligible interest.