Cox v Chief Executive, Department of Natural Resources

Vivian Henry Cox has appealed against the Chief Executive, Department of Natural Resources regarding the annual valuation of land at Brown Road, Mona Park, Ayr. The land, which has an area of 63.13ha, is located about 22km south-west of the town of Ayr, and about 200 metres from the Burdekin River. The key issues in this case are the use of the land, the comparison of sales, and the method of valuation. Cox is arguing that the unimproved value of the land should be $40,000, while the Chief Executive has confirmed an unimproved value of $94,500.

The court must determine the appropriate valuation of the subject land, considering the use of the land, the comparison of sales, and the method of valuation. The court must also consider the relevance of the size of the land parcel in determining its value.

The court finds that the subject land is used for grazing purposes in conjunction with other lands, and that it should be valued as part of an aggregation. The court accepts that the use of the land for grazing purposes satisfies the requirements for a grant of a valuation for farming purposes. The court also finds that the size of the land parcel should be considered in determining its value, and that a premium should be allowed for the smaller size of the subject land.

Based on the evidence presented, the court determines the unimproved value of the land to be $28,500. The valuation as determined by the Chief Executive is set aside, and the unimproved value of the subject land is determined at Twenty-eight thousand, five hundred dollars ($28,500).