Boyce v Chief Executive, Department of Natural Resources

In the Land Court of Queensland, the matter of Boyce v Chief Executive, Department of Natural Resources was heard. The appeal by Edward P Boyce against the annual valuation of his property located at Nundubbermere Road, about 10.5 km south-west of the Stanthorpe Post Office, was dismissed. The subject land, described as Lot 2 on RP 228686, Parish of Nundubbermere, has an area of 299.9 ha and is zoned as "Rural C" under the Stanthorpe Shire Town Planning Scheme. The Chief Executive had valued the land at $18,000 for farming purposes, a valuation Boyce contested, claiming it should be $14,400.

The key issues in the case were the relativity of the property, the nature of the land, the comparison of sales, and the percentage changes in the valuation. The Court found that the land's nature, while generally agreed upon, was seen as having less than 50% of usable land, with the rest being unsuitable for grazing due to rock outcrops. The Court also found that the relativity between Boyce's property and a neighbouring parcel, Casey's land, was appropriate. In terms of the valuation, the Court noted that the most suitable method for determining the unimproved value was to compare sales of similar unimproved properties in the area. The Court accepted the unit rate per hectare of $60 as proposed by the respondent's valuer, Mr Redgen, and found that the current valuation of the subject at $18,000 was fair and reasonable.

The Court also considered the history of the valuation changes and the process by which they were amended. The Court found that, although there had been errors in the past valuations, the Chief Executive had the power under the Valuation of Land Act to amend the valuations when errors were discovered. The Court was not persuaded that the appellant had proved his case, and the appeal was dismissed, affirming the unimproved value of the subject at Eighteen Thousand Dollars ($18,000) as determined by the Chief Executive, Department of Natural Resources.