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Agriculture Act 1970
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40 Reorganisation of smallholdings estates.E+W
(1)Every smallholdings authority who immediately before the commencement of this Part of this Act hold any land for the purposes of smallholdings shall review the authority’s smallholdings estate and (subject to any direction given under subsection (4) of this section) shall, before the end of the period of eighteen months beginning with the commencement of this Part of this Act or such extended period as in any particular case the Minister may allow, submit to the Minister proposals with respect to the future management of that estate.
(2)For the purposes of this section each smallholdings authority shall in particular consider to what extent (if any), with a view to giving effect to the general aim specified in section 39(1) of this Act and having regard to the general interests of agriculture and of good estate management, the authority’s smallholdings estate should be reorganised—
(a)by enlarging one or more existing smallholdings or amalgamating the whole or part of one or more existing smallholdings with other land (whether that other land is or forms part of an existing smallholding, or is otherwise comprised in the authority’s smallholdings estate, or not) with or without the carrying out of improvements in connection with any such enlargement or amalgamation, or
(b)by improving one or more existing smallholdings without any enlargement or amalgamation, or
(c)by creating one or more new smallholdings, with or without the carrying out of improvements in connection therewith.
(3)Any proposals of a smallholdings authority under this section shall be formulated so as to comply with any general directions given by the Ministers, or with any special directions given to the authority by the Minister, as to the form of the proposals or as to the particulars to be contained in them.
(4)If, on the application of a smallholdings authority, the Minister is satisfied that the authority’s smallholdings estate is not suitable to be reorganised as mentioned in subsection (2) of this section, he may give a direction exempting the authority from the duty to submit proposals under this section.
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