Ackerman v Chief Executive, Department of Lands

In the Land Court of Queensland, Geoffrey N and Eina Ackerman appealed against the valuation of their Special Lease over Lot 29 on Plan DS391, Parish of Curtis, located on Tide Island in Gladstone Harbour. The Chief Executive of the Department of Lands had determined the unimproved value of the subject land to be $81,000 as at 1 January 1995. The Ackermans objected to this valuation and appealed to the Land Court, proposing a valuation of $27,000. They argued that the residential amenity of the land had been significantly eroded due to the nearby Clinton Coal Facility, resulting in noise, coal dust, and refuse carried to the island, which they claimed was not adequately considered in the Chief Executive's valuation.

The court had to determine whether the Chief Executive's valuation appropriately considered the impact of the coal facility on the subject land and whether the proposed reduction by the Ackermans was justified. The court considered the evidence of sales of comparable land and other relevant factors. The Chief Executive presented sales evidence from Turtle Island and Witt Island, which the court found to be comparable and relevant for the valuation. The Ackermans did not provide any comparable sales evidence to support their proposed valuation.

The court concluded that while the Chief Executive had made some allowance for the detrimental effects of the coal facility, they had not sufficiently accounted for the full extent of the noise, coal dust, and refuse impacting the subject land. The court determined that a reduction of approximately 25% from the Chief Executive's valuation was appropriate, taking into account the significant detriment to the residential amenity of the land. Consequently, the court allowed the appeal, set aside the Chief Executive's valuation, and determined the unimproved value of the land at $60,000.