Except in the case of set-aside entitlements, no priority is afforded to any entitlements under the single payment scheme. It should be noted however, that entitlements allocated to an applicant from the national reserve must be used by that applicant each year for five years and may not be sold or leased out during the five years from date of allocation.
If the early retirement scheme transferee does not agree to lease the entitlements from the person named, then it is a matter between the two parties concerned and is not a matter for my Department. The Deputy will appreciate that a lease is a legal agreement between the transferor and transferee. If either party does not meet his or her commitments under the terms of the lease, it is open to the other party to take legal action to enforce the terms of the lease.
If there are difficulties between the two parties and the terms of their lease agreement are not honoured, the person may, if she-he so wishes and subject to approval by the early retirement section of my Department, obtain a replacement transferee. My Department endeavours to be as flexible as possible where difficulties arise for participants in sourcing a replacement transferee.
I should point out that a farmer may only consolidate entitlements on lands where the lease agreement has expired. This concession will not extend to farmers who terminate a lease before the agreed period.
There is no provision in the regulations governing the single payment scheme to preserve entitlements indefinitely. If entitlements are not activated in 2005, they will revert to the national reserve unless the case is treated as one of force majeure.
