Generally, you will need to notify the Treasurer of your proposed agricultural land investment if the cumulative monetary threshold of $15 million is met. You will meet this cumulative threshold if the consideration of your proposed investment combined with the total value of all interests you and any associates already hold in Australian agricultural land will exceed $15 million.
If you are a private investor from certain free trade agreement countries, you may have higher monetary thresholds.
If you are a foreign government investor you will need to notify us about all agricultural land investments, as the monetary threshold is $0.
If your proposed investment does not fall within any of the above thresholds, you will still need to notify us if the land is national security land, regardless of its value or the nationality of the investor, or if the investor is a foreign government investor. Generally, you will not be allowed to invest in agricultural land or an agricultural land entity if Australian investors were not offered an equal opportunity to invest.
If you intend to purchase agricultural land to use for a non‑agricultural purpose, for example, residential development, there will generally be development conditions.
If you buy or sell agricultural land you must:
- register the transaction with the Register of Foreign Ownership of Australian Assets, regardless of whether the original transaction received a no objection notification or exemption certificate.
- notify us if the original investment had been the subject of a no objection notification or exemption certificate.
If you acquire water entitlements or water rights, you must register these on the Register of Foreign Ownership of Australian Assets.
Guidance Note 3: Agricultural land
- A: Definition of agricultural land
- B: Meaning of primary production business
- C: Concept of ‘could reasonably be used for’
- D: When does a proposed investment in agricultural land require approval?
- E: Monetary thresholds for agricultural land investments
- F: Australian opportunities requirement: an open and transparent sale process
- G: Exemption certificates for agricultural land
- Further information