Local Government Act and Another Act Amendment Act 1970 (Qld)

214 ANNO NONODECIMO ELIZABETHAE SECUNDAE REGINAE No. 14 of 1970 An Act to Amend the Local Government Act 1936-1969 in certain particulars and The Valuation of Land Acts 1944 to 1959 in a certain particular [ASSENTED TO 16TH APRIL, 1970] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I--PRELIMINARY 1. Short title and citation . This Act may be cited as the Local Gorecm rent Act and Another Act Amendment Act 1970. 2. Commencement . This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. 3. Parts of Act. This Act is divided into Parts as follows:-- PART 1--PRELIMINARY; PART 11-AMENDMENTS OF THE LOCAL GOVERNMENT ACT 1936-1969; PART 111-AMENDMENT OF THE VALUATION OF LAND ACTS .1944 TO 1959.

Local Government Act and Another Act Amdt Act 1970, No. 14 215 PART 11-AMENDMENTS OF THE LOCAL GOVERNMENT ACT 1936-1969 4. Citation . (1) In this Part, the Local Government Act 1936-1969 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Local Government Act 1936-1970. 5. Amendment of s. 3. Section 3 of the Principal Act is amended by omitting from subsection (1) the definition " Owner " and inserting in its stead the following definition:- Owner "-The person other than Her Majesty who for the time being is entitled to receive the rent of any land or who, if the same were let to a tenant at a rack rent, would be entitled to receive the rent thereof: The term includes- (a) a lessee from the Crown, and any superintendent, overseer, or manager for such lessee residing on the holding; (b) a purchaser from the Crown of land for an estate in fee-simple in the process of purchase pursuant to the Land Act 1962-1968; (cl the holder or the lawful occupier of- (t) a mining tenement (not including a claim) or area (not including a prospecting area) under or within the meaning of the Mining Act1968; (ii) a mining tenement (not including a claim [other than a dredging claim] or prospecting area) under or within the meaning of The Mining Acts 1898 to 1967 continued in force by the Mining Act1968; and (iii) a mining tenement (not including a coal mining licence) or residence area under or within the meaning of the Coal Mining Act1925-1969; (d) in the case of any land leased to any person or corporation by the Commissioner for Railways, the lessee; (e) in the case of any land leased to any person or corporation by a Local Authority, the lessee; (f) in the case of any land in respect of which an occupation permit or a stock grazing permit within the meaning of the Forestry Act1959-1968 has been granted to any person or corporation under that Act, such person or corporation; (g) in the case of any land in respect of which an occupation license, road license or permission to occupy under or within the meaning of the Land Act 1962-1968 has been granted to any person or corporation under that Act, such person or corporation; and (h) in the case of any land in respect of which a lease or permission to occupy has been granted to any person or corporation by the Commissioner of Irrigation and Water Supply, such person or corporation.

216 Local Government Act and Another Act Antdt Act 1970, No. 14 6. Amendment of s. 24. Section 24 of the Principal Act is amended- (a) by in paragraph (iii) of subsection (I)- (i) omitting the words ", and the rateable value of any such land shall be the valuation of the unimproved value thereof "; and (ii) inserting at the end thereof the following proviso:- " : Provided that where any land leased by the Commissioner of Irrigation and Water Supply includes land within the reservoir area of a dam constructed pursuant to the provisions of The Irrigation Acts 1922 to 1965 or of the Water Act 1926-1968 and below the full supply level or the maximum storage level of such dam, that part of the land below the full supply level or the maximum storage level of the dam shall not, by reason of this paragraph (iii) be rateable land within the meaning of this Act."; (b) by in paragraph (iv) of subsection (I)- (i) omitting from the first paragraph the words ", and the rateable value of such land shall be the valuation of the unimproved value thereof "; and (ii) omitting the last paragraph; (c) by inserting at the end of subsection (1) the following paragraph:- " (v) Where permission to occupy has been granted by the Commissioner of Irrigation and Water Supply and- (a) the land with respect to which such permission to occupy is granted is described therein so as to sufficiently identify it; and (b) the term for which such permission to occupy is granted is twelve months or longer, then, notwithstanding any other Act or law, the land in respect of which the permission to occupy has been granted. shall, during the continuance in force of the permission to occupy, be deemed rateable land within the meaning of this Act."; (d) by inserting in subsection (2) after the first paragraph the following paragraph:- " The rateable value of any rateable land (not being land granted by the Crown in fee-simple) shall be the valuation of the unimproved value of the land made by the Valuer-General in pursuance of the provisions of the Act or Acts hereinbefore specified in this subsection as if such land were land granted by the Crown in fee-simple."; (e) by omitting from the last paragraph of subsection (2) the words to which this subsection applies "; (f) by omitting subsections (3), (4), (6) and (7) and inserting in their stead the following subsections:- " (3) Each portion of a mining lease of whatsoever kind under any law of this State relating to mining occupied for the purpose of the residence of an employee or employees of the holder of the mining lease, or for the purpose of the conduct of a business (other than the business of mining) or for the purpose of the residence of the person conducting such business shall be rateable land for the purposes of this Act, but there shall be deducted from the rateable value of the mining lease such sum as will bear to the rateable value of the lease the same proportion as the total area of the portions so occupied bears to the area of the lease.

Local Government Act and Another Act Amdt Act 1970, No. 14 217 (4) Where immediately prior to the commencement of the Local Government Act and Another Act Amendment Act 1970, the rateable value of any rateable land was other than the valuation of the unimproved value of that land made by the Valuer-General in pursuance of the provisions of The Valuation of' Land Acts 1944 to 1959, that rateable value shall continue to be the rateable value of the land until the valuation of the unimproved value of such land has been made by the Valuer-General in pursuance of the said Acts, which valuation he shall cause to be made as soon as may be after the passing of the Act first referred to in this subsection. (5) The valuation of the unimproved value of the land made pursuant to subsection (4) of this section by the Valuer-General shall be deemed to come into operation on and from the first day of July, 1970 and if such valuation differs from the rateable value of the land in force immediately prior to such date, a due adjustment of rates shall be made by the Local Authority, for which purpose amounts paid in excess shall be refunded, and amounts short paid shall be recoverable as arrears. (6) The provisions of The Valuation of Land Acts 1944 to 1959 respecting notice of valuation, objection and appeal shall with all necessary adaptations apply and extend to a valuation made pursuant to subsection (4) of this section. (7) When the valuation of the unimproved value of any land referred to in subsection (4) of this section has been made by the Valuer-General, the Valuer-General shall amend the valuation roll for the Area in which the land is situated by entering with respect to the valuation the particulars specified in subsection (1) of section 17 of The Valuation of Land Acts 1944 to 1959."; (g) by omitting subsection (8) and inserting the following subsection in its stead :- " (8) Each- (i) mining tenement (not including a claim) or area (not including a prospecting area) under or within the meaning of the Mining Act1968; (ii) mining tenement (not including a claim [other than a dredging claim] or prospecting area) under or within the meaning of The Mining Acts 1898 to 1967 continued in force by the Mining Act1968; and (iii) mining tenement (not including a coal mining licence) or residence area under or within the meaning of the Coal Mining Act1925-1969, shall be deemed to be a separate portion of rateable land and valued accordingly, notwithstanding that the same land or any portion of the same land is held under two or more distinct forms of tenure."; and (h) by omitting subsection (10). 7. Amendment of s. 27. Section 27 of the Principal Act is amended- (a) by in subsection (7A)- (i) inserting the words " or the holder of permission to occupy after the word " licensee "; and

218 Local Government Act and Another Act Amdt Act 1970, No. 14 (ii) inserting the words " or permission to occupy " after the word "license"; and (b) by in paragraph (i) of subsection (8)- (i) inserting the words " or permission to occupy " after the words lease or license "; (ii) inserting the words " or permittee " after the word " licensee "; and (iii) inserting at the end thereof the following proviso:- " : Provided that land acquired under permission to occupy shall not be rateable land where the only permissible use of the land under the permission to occupy is the placing of power lines or pipe lines on, over or under the land in question.". PART 111-AMENDMENT OF THE VALUATION OF LAND ACTS 1944 TO 1959. 8. Citation . (1) In this Part, The Valuation of Land Act of 1944 as amended is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Valuation of Land Act1944-1970. 9. Amendment of s. 5. The Principal Act is amended by in subsection (1) of section 5 omitting the definition " owner " and inserting in its stead the following definition:- " "Owner "-The person other than Her Majesty who for the time being is entitled to receive the rent of any land or who, if the same were let to a tenant at a rack rent, would be entitled to receive the rent thereof: The term includes- (a) a lessee from the Crown, and any superintendent, overseer, or manager for such lessee residing on the holding; (b) a purchaser from the Crown of land for an estate in fee-simple in the process of purchase pursuant to the Land Act 1962-1968; (c) the holder or the lawful occupier of- (i) a mining tenement (not including a claim) or area (not including a prospecting area) under or within the meaning of the Mining Act1968; (ii) a mining tenement (not including a claim [other than a dredging claim] or prospecting area) under or within the meaning of The Mining Acts 1898 to 1967 continued in force by the Mining Act1968; and (iii) a mining tenement (not including a coal mining licence) or residence area under or within the meaning of the Coal Mining Act1925-1969; (d) in the case of any land leased to any person or corporation by the Commissioner for Railways, the lessee; (e) in the case of any land leased to any person or corporation by a Local Authority, the lessee; (f) in the case of any land in respect of which an occupation permit or a stock grazing permit within the meaning of the Forestry Act1959-1968 has been granted to any person or corporation under that Act, such person or corporation;

Local Government Act and Another Act Amdt Act 1970, No. 14 219 (g) in the case of any land in respect of which an occupation license, road license or permission to occupy under or within the meaning of the Land Act 1962-1968 has been granted to any person or corporation under that Act, such person or corporation; and (h) in the case of any land in respect of which a lease or permission to occupy has been granted to any person or corporation by the Commissioner of Irrigation and Water Supply, such person or corporation."