This page explains, in plain language, how Australia and Queensland treat foreign investment in agriculture, especially farm and agribusiness investment. It also separates investment approvals from visa rights, because buying a farm or shares does not automatically give PR or work rights.
The Business Innovation and Investment Program (subclass 188 and related streams) closed permanently to new applications on 31 July 2024. Only earlier applications continue to be processed.
This is now an invitation-only permanent visa for exceptionally talented people, including innovative investors. It is not a standard “invest a fixed amount and get PR” program.
Australia and Queensland generally welcome genuine foreign investment in agriculture when it supports productive land use, jobs, export growth, regional development, technology and long-term business activity. Queensland promotes itself as a strong food and agribusiness destination, including tropical agriculture, high-value food, future foods, aquaculture and agri-technology. For investors, this is positive: Queensland is open to serious agricultural projects. However, the rules are not automatic or informal. Foreign investment must pass Australian foreign-investment law, tax rules, land and water checks, biosecurity rules, local council planning rules and normal commercial due diligence.
Queensland promotes food, agribusiness, tropical agriculture, exports and agri-innovation as investment opportunities.
Buying agricultural land or agribusiness interests may need FIRB approval, registration and professional legal/tax review.
Buying a farm, shares or land does not automatically give Australian PR, work rights or long-term stay rights.
Official references: Trade and Investment Queensland – Food and agribusiness · TIQ – Agriculture opportunities · Australian Foreign Investment – Agricultural land
Foreign persons may need to notify the Australian Treasurer through the foreign-investment system before acquiring Australian agricultural land. The key general rule is the A$15 million cumulative agricultural land threshold: the proposed purchase is combined with agricultural land already held by the investor and their associates. If the total value exceeds the threshold, notification is generally required. Foreign government investors have a much stricter position and generally need approval for agricultural land acquisitions regardless of value.
| Topic | Plain meaning for investors | Action before purchase |
|---|---|---|
| Agricultural land threshold | Private foreign investors generally need to notify if the purchase plus existing Australian agricultural landholdings exceeds A$15 million. | Ask a solicitor / FIRB adviser to check the investor group, associates and landholding value. |
| Foreign government investor | Foreign government investors are treated more strictly and generally need approval from A$0. | Confirm whether any investor, fund, company or beneficial owner is treated as a foreign government investor. |
| Agribusiness interest | Buying shares or control in an agribusiness can have different thresholds and rules from simply buying land. | Check whether the deal is land purchase, company shares, lease, partnership, management agreement or mixed structure. |
| Agricultural land registration | Foreign persons must register certain agricultural land interests, even where prior approval was not required. | Register the interest with the relevant Australian register/ATO process after acquisition if required. |
| Water entitlements and rights | Water rights can be very valuable in farming and may have separate foreign ownership registration requirements. | Check water allocation, water licence, bore licence, irrigation rights and registration obligations before signing. |
Official references: Agricultural land guidance · Register of foreign ownership of Australian assets
For agricultural land, Australia expects Australian buyers to have a fair opportunity to compete. This does not mean the farm must be sold to an Australian. It means the property should not be secretly offered only to a foreign buyer. The sale should normally be open, transparent and properly marketed so Australian farmers, Australian companies and other local buyers can inspect, bid and make offers.
| Investor question | Plain answer |
|---|---|
| Does “open sale” mean foreigners cannot buy? | No. Foreign buyers can still buy, but Australian buyers should have had a fair chance to compete. |
| What proof should we keep? | Listing links, agent brochures, campaign dates, inspection records, auction/tender documents and written confirmation from the agent. |
| Can we approach agents directly? | Yes. But before proceeding, confirm whether the property has been publicly marketed and whether FIRB open-sale expectations are satisfied. |
| Should investors pay deposit before approval? | Use a solicitor. Contracts may need FIRB condition clauses, finance clauses and due-diligence clauses before money is put at risk. |
Queensland can be attractive for agriculture, but investors must calculate taxes and holding costs carefully. Foreign companies and trustees of foreign trusts may face an additional foreign land tax surcharge. This can materially affect annual returns. Normal costs such as transfer duty, land tax, council rates, water charges, insurance, labour, fertiliser, chemicals, machinery, repairs, packing, freight and farm management must also be included before showing returns to investors.
Queensland Revenue Office states a 3% foreign surcharge can apply to taxable land owned by foreign companies and trustees of foreign trusts.
Some foreign entities may apply for exemption or relief where conditions are met, but this must be checked case by case.
Before promising returns, investors should obtain tax advice on ownership structure, land tax, GST, income tax and repatriation of profits.
Official references: QRO – Land tax rates for foreign companies and trusts · QRO – Foreign surcharge relief
This checklist should be shown to investors before collecting serious money or making any promise about returns. It helps make the project honest, professional and safer.
| Check | Why it matters | Who should verify |
|---|---|---|
| FIRB / foreign-investment approval | Foreign land and agribusiness purchases may need approval or conditions before settlement. | FIRB solicitor / migration-commercial lawyer |
| Open and transparent sale evidence | Helps show Australian buyers had fair opportunity to compete. | Seller’s agent + solicitor |
| Title, zoning and council planning | Confirms legal ownership, permitted use, access, easements, building approvals and restrictions. | Conveyancer / town planner / council |
| Water allocation and irrigation | Water is critical for crops; allocation, licence, reliability and cost affect returns. | Water consultant / solicitor / local authority |
| Crop age and yield history | Old trees may need replacement; advertised yield may not continue. | Independent horticulture consultant |
| Soil, drainage and climate risk | Determines suitable crops, disease risk, flood risk and long-term productivity. | Agronomist / soil lab / insurance adviser |
| Operating expenses | Labour, chemicals, fertiliser, machinery, freight, packing and management can strongly reduce profit. | Farm accountant / experienced farm manager |
| Tax and ownership structure | Foreign surcharge, income tax, GST and profit transfer rules affect investor returns. | Australian tax adviser |
| Visa and work rights | Investor ownership does not give automatic right to live or work in Australia. | Registered migration agent / immigration lawyer |
A director, shareholder or investor can often come on a Visitor visa (subclass 600) Business Visitor stream for genuine business visitor activities.
It is not a general work visa and it is not the right visa to run the business day-to-day inside Australia.
| Person | Can visit on business visitor basis? | Can attend meetings / negotiate? | Can do normal day-to-day work in Australia? | Comment |
|---|---|---|---|---|
| Shareholder | Usually yes | Yes | No, not on visitor status | Ownership is not the same as work rights. |
| Director | Usually yes | Yes | Not on a visitor visa | Board / investor activity is different from doing local operational work. |
| Investor representative | Usually yes | Yes | Not unless the visa permits work | Always check visa conditions in VEVO and the grant letter. |
Australia’s former dedicated BIIP investment route is closed to new applicants. So the old style “investor migration by fixed amount” is not the normal current answer for new applicants.
The current invitation-only permanent NIV may suit only exceptional candidates, including innovative investors, but the official focus is on outstanding achievement and national benefit, not simply capital amount.
Foreign persons may still need FIRB / foreign-investment approval before buying agricultural land or certain business interests, but that approval is about the investment itself — not PR or work permission.
The Visitor visa Business Visitor stream generally allows stays of up to 3 months.
A permanent visa lets the holder stay in Australia permanently, but actual travel rights and residence/ citizenship issues have their own rules.
Never rely on memory. The grant letter and VEVO record control the actual stay length and work rights for that specific person.
ABF states that businesses can face infringement notices, civil penalties, bans on sponsorship, prohibition declarations, and in serious cases larger court-imposed penalties.
| Risk area | Possible consequence |
|---|---|
| Visitor working illegally | Visa-condition breach, possible cancellation process, immigration problems later. |
| Employer allows unlawful or unauthorised work | Infringement notices, civil penalties, sponsor sanctions, prohibition from employing more migrant workers. |
| Serious or repeated sponsor breach | ABF notes examples such as infringement notices and civil penalties; published examples now reach up to $396,000 for a body corporate and $79,200 for an individual for each failure under the sponsorship sanctions framework. |
Australia and Queensland are open to genuine agricultural investment, especially productive projects that improve farms, exports, jobs and regional business activity. But this is a regulated investment environment. Foreign investors must check FIRB, agricultural land registration, water rights, Queensland tax surcharges, legal title, planning rules and commercial risks. Investors, directors and shareholders can often visit Australia for meetings, inspections and business discussions, but ownership or shareholding does not automatically give PR or work rights. Australia has closed the old BIIP investor route to new applicants, and the current high-end innovation route is invitation-based and achievement-focused. So any serious investor plan should treat these as separate tracks: (1) investment approval, (2) land/water/tax compliance, (3) visa permission, and (4) work rights.