Elliott v Department of Natural Resources and Water

In this case, Heather M Elliott, the owner of a parcel of land known as "Small Glenample" in the Shire of Aramac, appealed against the unimproved value applied to her land by the Chief Executive of the Department of Natural Resources and Water. The dispute concerns the valuation of the land as at 1 October 2005, under the provisions of the Valuation of Land Act 1944. The Department had applied an unimproved value of $570,000, or $130/ha, to "Small Glenample" and $2,150,000, or $128/ha, to "Large Glenample", the remaining portion of the property held jointly by Mrs Elliott and her husband. The Elliotts appealed both valuations, arguing that the unimproved value of "Small Glenample" should be $250,000, and that of "Large Glenample" should be $820,000. The appeal against the valuation of "Large Glenample" was previously determined, with the unimproved value set at $1,837,000, or $112/ha. The primary legal issue in this appeal was the extent to which the unimproved value of "Small Glenample" should be adjusted. The court had to consider the agreement between the registered valuer, Mr CV Dyer, and the Department as to the classification of the land and carrying capacity, as well as the relative value of other properties in the area. The court had to determine whether the Department's revised valuation of $97/ha, based on a sheep area value of $170, was appropriate, or whether the valuation should be set at $80/ha as contended by Mr Elliott. The court considered the differences in the size, carrying capacity, and land classification of "Small Glenample" compared to other properties in the area, such as "Large Glenample", "Brendallan", and "Scotstoun". The court also had to consider the principle recognised in previous cases that smaller properties may command a higher rate per hectare. The court determined that a sheep area value slightly lower than that determined for "Scotstoun" should be applied to "Small Glenample", and accepted the Department's revised valuation of $97/ha based on a sheep area value of $170, which amounts to a rounded unimproved value of $426,000. The appeal is allowed, the valuation of the Chief Executive is set aside and the unimproved value of "Small Glenample" as at 1 October 2005 is determined at Four Hundred and Twenty-six Thousand Dollars ($426,000).