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s 23

Conditions of good husbandry

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Part IIILand Settlement
Division IIIConditions

23 Conditions of good husbandry

It shall be a condition of every tenancy – that the tenant will keep in good repair the boundary fence of the holding and all improvements thereon in which the tenant cannot have tenant-right; that the tenant will comply with the provisions of the Vermin Destruction Act 1950 and the Noxious Weeds Act 1938; that the tenant will farm, cultivate, manure, and manage the holding in a good and husband-like manner according to the most approved methods of husbandry in the district so as to keep the whole at all times in good heart and condition and will not allow any part to become impoverished or otherwise; that the tenant will use the holding primarily for animal husbandry with such types of livestock as are suitable to the holding and that he will maintain not less than three-fifths of the arable land as improved pasture suitable for the grazing of such livestock; that where there is an orchard or garden commercially productive the tenant will keep it properly cultivated, planted, stocked, and manured and in neat order and will preserve and keep well pruned and trained all fruit trees, bushes, vines, and shrubs therein and will plant fresh ones of the best description of the several kinds in the place of those dying or becoming decayed or unprofitable and will comply with the provisions of the Plant Diseases Act 1930; that the tenant will repair and keep in repair, or when necessary, replace, the farmhouse and all other improvements in which he can have tenant-right and which are necessary for the working of the holding except where the need for repair or replacement is the result of damage by an act of God or a fire which was not caused wilfuly or negligently by the tenant and for which no other person is liable to the tenant in damages; that the tenant will control all live fences upon his holding; that the tenant will at all times keep open, clean, and clear of weeds all rivulets, drains, ditches, and water-channels on his holding; that the tenant will maintain and protect all existing wind breaks and shelter belts and will plant, maintain, and protect any other wind breaks and shelter belts when required by the Board so to do; that the tenant will preserve from injury all timber and timber-like trees and saplings on the holding and will not without the consent of the Board and payment of such royalty as may be agreed upon between the Board and the tenant fell or destroy any such timber or timber-like trees or saplings; that the tenant will perform and observe any special conditions imposed by the Board and specified in the notice of allotment for maintaining or improving the fertility of the soil of the holding, which conditions may provide for – preserving or restoring the natural cover of the soil; regulating the time, mode, and direction of ploughing; restraining burning-off; restoring the soil by manuring, and adding fertilizers and salts; and any other courses or operations that will, in the opinion of the Board, ensure to subsequent tenants the same enjoyment of the holding as is proper for the first tenant; that the tenant will comply with any regulation made for the purposes of this section; that the Board and any person authorized by it may, after notifying the tenant of the intention of so doing, at all reasonable times enter and inspect the holding; that if the tenant at any time fails to perform the conditions contained in paragraphs (a) and (f) of this section the Board may, without prejudice to its right of re-entry under section thirty, enter upon the holding and make any such repairs and replacements as the tenant ought by reason of these paragraphs to make and the cost thereof shall be paid by the tenant to the Board; and that if the tenant at any time fails to perform the conditions contained in this section for keeping the holding free from noxious weeds and plants, and keeping clean and open rivulets, drains, ditches, and water-channels, the Board may, without prejudice to its right of re-entry under section thirty, enter upon the holding and do any of those things as the tenant ought to do them and the cost thereof shall be paid by the tenant to the Board.

Where in any offer, notice of allotment, or grant under sections fourteen, fifteen, and seventeen the words "as an orchard" or "as a garden" are used to qualify the tenancy thereby offered or created the condition contained in paragraph (d) of subsection (1) shall not apply to that tenancy.

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