McDonald v Chief Executive, Department of Natural Resources

The case of McDonald v Chief Executive, Department of Natural Resources involved a dispute over the valuation of land located at Wengenville, approximately 38km southwest of Nanango and 45km from Kingaroy. The subject land, which comprised 847.6 hectares and was zoned "Rural" under the Nanango Shire Transitional Planning Scheme, was valued by the Chief Executive at $157,500, later amended to $156,500. McDonald, the appellant, argued that the unimproved value should be $135,000. The key issues in the case were the nature of the land, comparison of sales, and the matter of relativity.

The Court found that the classification of the land by the respondent as "mostly gentle to moderately sloping open forest grazing falling to fairly arable creek flats" was unrealistic, as the 30 hectares of black soil flats along Barker and Wengen Creeks were small, flood-prone pockets unsuitable for cultivation. Additionally, the land was heavily timbered, making it difficult to work with cattle. The Court also found that the difficult access for transporting cattle and the impact of the powerline easement should be taken into account when determining the unimproved value.

In terms of the comparison of sales, the Court accepted that the "Arakoon" sale and the "Eden to Madders" sale were the most useful for comparison purposes. The Court concluded that the difference in the rate between the "Arakoon" property and the subject land likely reflected the availability of access and the usability of the black soil plains. The Court found that the difference in the rate should be less than $180/ha.

With respect to the relativity evidence, the Court found that a rate of $175/ha would be appropriate for the subject land. The Court concluded that the unimproved value of the subject land should be $148,330, rounded down to $148,000.

The Court found that the appellant had partly proved his case and set aside the unimproved value determined by the Chief Executive. The unimproved value of Lot 5 on FY559, Lot 8 on FY2202, and Lot 38 on FY818 was determined to be One hundred and forty-eight thousand dollars ($148,000).