The Gazette 1992

GAZETTE

JUNE 1992

N

or external (i.e. between producers attached to different Co-ops/dairies), paragraph 2 of the Circular of 9 Dec 1991 is the main determining factor for the transfer of quota. Milk quota attaching to land will transfer on the basis of a lease of that land provided the lessee has taken over the operation of these leased lands for a minimum period of three years. In this context it will be a requirement for quota transfers effective from 1 April, 1992, and future years, that the lessee submit a written statement that he/she has actually taken possessioin of the leased land and that he/she (the lessee) is the sole operator of the leased land. This statement should be forwarded to the Department along with all other documentation or, in the case of internal leases, must be retained at the Co-op/dairy for inspection by Department Officials. It will continue to be a requirement that all requests for quota transfer on the basis of a leasing transaction be accompanied by a statement by the lessor that the land being leased is land which was used by the lessor for dairying in 1983 and that the amount of quota being transferred is a genuine reflection of the contribution of the leased land to the establishment of the quota. The Department must stress again that where a supplier wishes to transfer all of his/her quota, all the land used for dairying in 1983 must transfer. Where only a portion of that 1983 dairying land is being transferred, a proportionate amount of the quota will transfer. Producers should be made aware of the importance of the proper identification of their lands to which milk quota attaches. In this context, a Land Registrymap of the lessor's entire holding must be submitted in every case. This map should be

clearly marked to identify (1) the total area which was used for dairying in 1983 and (2) the area which is being leased. The map is essential for the Dairy Produce Inspectors who will be inspecting the leased lands during the term of the lease. Form 2 attached must also be completed and forwarded with all applications to Head Office for quota transfers. Forms 1 and 2 must also be completed in respect of land/quota transfers between suppliers to the same co-op/ dairy and must be retained for inspection by the Department's Officials. Form 3 which was necessary in 1991/92 to enable the Clawback position to be assessed is of course no longer required as the Clawback arrangements ended with effect from 31 March, 1992. Milk purchasers are reminded that in accordance with the recording requirements set out in the Department's circular No. 1/92 it is necessary to maintain a separate listing of certain specified quota transactions carried out during a super levy year (item No. 6). In summary therefore the minimum supporting documentation required for the transfer of quota on the basis of a land lease, whether an internal transaction within a co- operative or an external transaction, is as follows:- (1) Legal land leasing agreement between both parties; (2) Land Commission consent to subdivision; (3) Forms 1 and 2 fully completed; (4) Statement by lessee that he/she is the sole operator of the leased land;

Milk Quota Leases

The Department of Agriculture and Food has circularised the dairy co-operatives in relation to quota leasing and a copy of their circular is produced hereunder. From now on both the lessor and the lessor's co-operative will have to complete forms (known as Forms (1) and (2) respectively) giving full details of the quota and the land on which it was produced. The co-operative requesting approval for the quota transfer must retain these forms for inspection by the Department.

Land transactions milk quota transfers

Notice to each Register purchaser.

3 April 1992;

I refer to this Department's circular of 9 December 1991 on the arrangements for the transfer of milk quota as a result of land transactions. It was specified in the above circular that the revised system for processing quota transfer applications was introduced in the first instance to deal with the large number of cases which were on hand in relation to 1991/92. It was however also indicated that the system for processing land/quota arrangements as from 1 April, 1992 would be along the same lines. I can now confirm that the system to apply from 1/4/1992 will be similar to that set out in the above-mentioned circular. For all land leasing transactions, whether internal (i.e. between producers within the same Co-op/dairy)

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