Department of Agriculture
The role of the Department of Agriculture is managing and disposing of state owned farmland. This includes entering into lease contracts based on public tenders for farmland leases and active land trade policy implementation. The Department of Agriculture also ensures proper maintenance of agrucultural infrastructure and land redevelopment and amelioration. The Department is lead by Martin Brus.
TRADING IN IMMOVABLE ASSETS
The basic purpose and objective of trading with land is to merge the production properties and thereby assure rational and prospective size of plots and to improve the size structure of the farms in accordance to trends in European Union.
By purchasing, selling and exchanging the fund shall beside increasing and rounding up the farmland and forests, round up the ownership shares of farmland and forests. For this purpose the Fund shall purchase the parts of farmland in co-ownership by the state, the adjacent farmland and farmland in complexes. The fund shall also purchase the farmland restored to previous owners in the course of denationalization procedures and which is then offered to lease. This is how the farmers who do not have the necessary means for purchase are assisted. The Fund purchases smaller plots that may be attached to the adjacent farms or can be compounded into bigger interesting farmland areas.
The nature protected areas or areas with other strategic or for the state important functions belong to the special purchases of farmland and forests. The trading here is restricted by provisions set out in other regulations e.g. the Nature Conservation Act , Act on Forests, Law on Defence.
The trading shall be carried out in accordance with the annual plan of operations and the financial plan of the Farmland and Forest Fund of Republic of Slovenia which are adopted yearly by the Council of the Fund and with the consent of the Government of Republic of Slovenia and in accordance with the development policy of Republic of Slovenia and directions defined by the state in development documents for agriculture and forestry.
The Subject of the Trading with Immovables
The subject of the trading, exchange and splitting may be the farmland for which the right of ownership is entered in the land registry in favour of Republic of Slovenia, or for which a proposal of such entry is filed.
The sale of immovables managed by the Fund shall be included in the yearly programme of sale, adopted by the Fund Council separately for the farmland, forests, farms and building plots.
The sale of immovables not covered by the said programme may be allowed as exception in cases of construction of infrastructures and in case of the right of pre-emption in favour of the municipality or state in accordance with the law and which right is asserted by the municipality or state.
The Selection of Buyer in Sale of Immovable
The formal and legal framework for implementation of legal act is given largely in the Agricultural Land Act (Official Gazette of Republic of Slovenia No. 59/96 with subsequent amendments). The Act stipulates also the order of precedence of eligible leaseholders who may assert the pre-emption while purchasing farmland.
Stipulation of Purchase Price
To determine the price of land which is subject of trading, the Fund shall on the basis of the Public Procurement Act obtain the services of court registered valuator of the relevant profession. When purchasing the farmland respectively the forests it may engage the services of court registered valuator for agriculture and forestry. The Fund will give order for such services when it needs them for its operations. The Fund shall not take into account any other valuations except those submitted by authorised valuators for valuations which are necessary to purchase the land for state owned public infrastructure. Nearer details of valuations are provided in the Regulations on Trading with Immovables.
The concluded contracts of trading are regularly published by the Fund.
Legal Procedure of Trading in Accordance with the Law on Farmland:
PUBLIC OFFER OF THE SELLER
Notification on the notice board of the competent administrative unit and on the state portal of e-administration. The deadline for acceptance of the offer shall be 30 days from the date of notification.
DECLARATION OF ACCEPTANCE OF THE OFFER
The buyer shall send an acceptance of the offer, with registered letter against receipt.
NOTIFICATION ON ACCEPTANCE OF THE OFFER
The administrative unit shall notify all bidders about who accepted the offer.
CONCLUSION OF SALES CONTRACT
The seller shall by consideration of pre-emption conclude the contract with the buyer.
The owner of the immovable shall on the basis of the decision of the administrative unit on approval of the deed submit a tax return on sales of immovable to the competent tax office. The tax office issues the tax assessment.
The owner of the immovable shall have his signature on the contract certified by a notary. The notary shall also check the legality of the procedure and of the contract (in accordance with the Notary Act).
PROPOSAL FOR ENTERING INTO LAND REGISTRY
Based on the contract certified by a notary a proposal for entering of the ownership shall be submitted to the competent land registry.
LEASING OF FARMLAND
In accordance to the National Farm Land and Forest Fund Act (Official Gazette of Republic of Slovenia No. 10/93 and its subsequent amendments) which was the basis for the foundation of the Farmland and Forest Fund of the Republic of Slovenia, the Fund manages and disposes of the state owned farmland, farms and forests, assures their rational use and cultivation. For this purpose, the Fund puts the farmland out to lease. Following the adopted development policy and directions of Republic of Slovenia it provides in this way interested farmers and farm enterprises additional land for farming activities, enables their enhanced production and consequently higher income and development.
The Fund puts the farmland out to lease in accordance with the Agricultural Land Act (Official Gazette of Republic of Slovenia No. 59/96 and its subsequent amendments) which stipulates the terms and procedures of leasing the farmland and in accordance with the Rules on the Lease of Farmland owned by the Republic of Slovenia and managed by the Farmland and Forest Fund which stipulate the detailed criteria for concluding the lease contracts. The offers of the Fund for lease of farmland are published on notice boards in the competent administration authority and on the state portal of e-administration.
Based on legal acts governing the leasing of the farmland, the Fund defined “The General Conditions of Lease” as a summary of the subject of lease respectively of a lease contract, the invitation to apply document (offer) and the criteria for concluding the lease contract, the term respectively the period of lease, the rents, the responsibilities of the lessor and the lessee (leaseholder), property, the inheriting of the lease and the reasons for termination respectively expiry of lease. The General Conditions of Lease are published on the Website of the Fund and are available also in all regional branch offices of the Fund in Slovenia. The General Conditions of Lease are an integral part of the invitations to apply (offer) issued by the Fund for lease of the farmland in all regional branch offices.
Selection of the lessee (leaseholder)
The interested parties may file an application for lease of parcels. The application is to be submitted in time and form in accordance with the Agricultural Land Act. The Fund shall select the leaseholder in accordance with the provisions of the Act and Regulations on Lease of Farms and Farmland owned by the Republic of Slovenia and managed by the Farmland and Forest Fund of the Republic of Slovenia. In doing so, the Fund shall take into account the eventual asserting of right to precedence in accordance with the order of precedence as stipulated in the Agricultural Land Act and supplemented by the said Regulations.
The list of rents shall be adopted and published yearly by the Fund. The rent shall be based on the cadastral information on the land taking into account the actual use and ability of the land to produce. Each year the amount of rent will be harmonized with the valid list of rents for the said year.
The Procedure of Leasing Land According to Law on Farmland LESSOR’S PUBLIC INVITATION TO APPLY
A notification on a notice board in the competent local administrative authority and on the state portal of e-administration. The deadline for acceptance of offers shall be 30 days from the date of notification.
DECLARATION ON ACCEPTANCE OF THE OFFER TO LEASE
The customer submits it to the local administrative authority (with registered mail with receipt).
NOTIFICATION OF ACCEPTANCE OF THE OFFER TO LEASE
The local administrative authority (unit) shall notify all the candidates about the one who accepted the offer to lease.
CONCLUDING OF THE LEASE CONTRACT
Complying with legal regulations, the lessor shall conclude the lease contract with the leaseholder.