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5.10.5 Requirement for Active Involvement of Eligible Descendants


This section covers the requirement for an eligible descendant to be actively involved with a sugarcane farm when that sugarcane farm is transferred to that eligible descendant under RASF.

According to subsection 5P(1) of the VEA, an eligible descendant in relation to a person means:

  • a child, step child or adopted child of the person or of a partner of the person, or
  • a descendant in direct line of a child described above, or
  • any other person who, in the opinion of the [glossary:Commission:DEF/Commission/Repatriation Commission], should be treated for the purposes of this definition as a person described in the above paragraph.



According to subsection 49Q(5) of the VEA, a person is deemed to have been actively involved with a sugarcane farm during a particular period if during that period the person:

  • has contributed a significant part of his or her labour to the development of the sugarcane farm; or
  • has undertaken educational studies or training in a field that, in the opinion of the Commision, is relevant to the development or management of the sugarcane farm enterprise.



According to subsection 5PAA(1) of the VEA, a sugarcane farm is a farm that is used predominantly for the purposes of a sugarcane farm enterprise .