Bundilla Beef resource | Reviewed 2026-07-06

Can Someone Else Use My Land for Primary Production?

Owners do not always need to personally run the enterprise, but they do need to control the evidence story.

Important: General information only. Bundilla Beef does not provide tax, legal or financial advice and does not guarantee a land tax exemption. Eligibility depends on the land, use, evidence, ownership, zoning and Revenue NSW's assessment.

Quick answer

Yes, someone else can use the land for primary production and that use may be relevant if the activity otherwise satisfies the requirements and the produce is sold.

This can help owners who lack time, skills or equipment. It also creates a record risk: if the operator leaves or keeps poor records, the owner may be left without evidence for the claimed years.

Working test: A third-party arrangement should be written, mapped, reportable and tied to saleable production.

What Revenue NSW will usually care about

Stronger signal	Why it helps
Written managed-use arrangement	Makes roles, land area and reporting obligations clear.
Regular operator reports	Create evidence while the activity is happening.
Sale and activity records available to owner	The owner may need them for Land Tax Online or an investigation.
Clear map of operator area	Helps assess dominant use and competing uses.

Warning signs to fix before relying on the exemption

Risk signal	Why it can weaken the position
Handshake arrangement	The owner may have no enforceable right to records.
Operator does not sell produce	The activity may not satisfy the production pathway.
No detail about non-production use	Revenue NSW may ask about all uses of the land.
Operator records stored offsite and unavailable	Evidence must be accessible when needed.

Evidence pack checklist

A useful evidence pack should be organised so an owner, adviser or Revenue NSW assessor can see what happened on the land, who did it, when it happened and how it connects to saleable primary production.

Signed agreement or written authority.
Property map showing operator area, access, infrastructure and excluded zones.
Monthly or quarterly activity reports.
Photos and dated inspection notes.
Sales, stock, hive, crop or propagation records as applicable.
Annual summary signed or confirmed by the operator.

Owner template: one-page position summary

Copy this structure into your working file before speaking with an adviser.

Operator details and activity type.
Land area and infrastructure used.
Reporting cadence and documents to be supplied.
Product sale pathway and supporting records.
Non-primary production uses the operator observed.
Owner review date and missing evidence list.

How Bundilla Beef can help

Bundilla Beef can act as a practical operating partner by designing the land-use model, maintaining records and giving owners a cleaner evidence pack to review with advisers.

The objective is not to create paperwork after the event. It is to align the operating plan, physical land use and records so the evidence tells a clear, factual story.

Next steps

Put third-party use in writing.
Specify what records must be supplied and when.
Keep owner copies of all evidence each year.
Check whether the arrangement supports dominant use before relying on it.

Source notes

This resource was prepared using official NSW sources checked on 2026-07-06. Check current Revenue NSW guidance before lodging or responding to an assessment, notice or investigation.