Metropolitan Region (Valuation Board) Regulations 1967 (WA)
Western Australia
Western Australia
CONTENTS
Citation 1. 1
Interpretation 2. 1
Notificationofsaleandapplicationforvaluation 3. 1
Valuationrequired 4. 2
Preliminaryreportpriortovaluation 5. 2
Evidenceasastatutorydeclaration 6. 2
ProceedingsoftheBoard 7. 2
Fees 9. 2
Reviewofminimumprice 10. 3
Formofclaimforcompensation 11. 3
Compilation table 5
Western Australia
Metropolitan Region Town Planning Scheme Act 1959
These regulations may be cited as the
In these regulations, unless the contrary intention appears —
(1) An owner intending to sell land that is subjected to injurious affection due to, or arising out of, the land being reserved under the Scheme shall, if intending to claim compensation pursuant to section 36 of the Act, —
(a) give notice to the Authority of his intention to sell; and
(b) apply to the Board for a valuation of the land,
in accordance with the form set out in the First Schedule, lodged with the Authority.
(2) The owner shall indicate on the form lodged in accordance with subregulation (1) whether or not it is his intention to be heard on the making of the valuation.
(3) An applicant may be heard in person or by counsel.
Unless the Authority waives the requirement for a valuation, it shall present the application made pursuant to regulation 3 to the Board and shall notify the applicant of the day and time fixed for the making of the valuation.
The Chairman of the Board shall appoint a member (other than himself) to carry out an inspection of the subject land, to prepare and summarise the data necessary for the making of a valuation and to present a preliminary report to the Board, all prior to the day fixed for the making of the valuation.
Where an applicant for a valuation proposes to adduce evidence to the Board of values or other matters relevant to the making of a valuation, that evidence shall be presented by way of statutory declaration made pursuant to section 106 of the
The Board may adjourn its proceedings, from time to time and from place to place, as it sees fit, and proceedings of the Board shall not be impugned for want of formality.
(1) The fees payable by an applicant for a valuation are the maximum amounts of remuneration set out in the
Land Valuers Licensing (Remuneration) Notice 1992 published in theGazette of 25 September 1992 at pages 4747‑4750.(2) The Authority shall, upon receipt of the valuation from the Board, notify the applicant therefor of the fees payable by him and shall not advise the applicant of the minimum price at which the land may be sold, until those fees have been paid.
(3) The fees payable pursuant to this regulation may be recovered by the Authority in any court of competent jurisdiction.
(1) Where an owner of land that has been valued by the Board is unable to sell the land for the minimum price advised by the Authority pursuant to section 36B of the Act, he may, on submitting evidence of his attempts to sell at that price, require the Authority to review the minimum price.
(2) Where upon a requirement for review pursuant to subregulation (1), the Authority does not elect to purchase the land as provided by the Scheme, it shall give further consideration to the minimum price, in the light of the evidence produced by the owner, and may review the price or not, as it sees fit.
An owner of land that has been valued pursuant to the Act and these regulations shall submit any claim for compensation in accordance with Form 4 Prescribed by the Scheme.
NOTICE OF INTENTION TO SELL
To:
THE METROPOLITAN REGION PLANNING AUTHORITY:
I, .............................................................................................................................
of ............................................................................................................................
being the owner of the following land:
No. ............... Street .................................... District .............................................
and being Lot .............................. on Plan/Diagram ..............................................
Location ................................... Certificate of Title ..............................................
Vol. ...................... Folio ..............................
HEREBY GIVE NOTICE in accordance with the provisions of section 36 of the Metropolitan Region Town Planning Scheme Act of my intention to sell the property described herein.
.................................................. Signature.
APPLICATION FOR VALUATION
To:
THE BOARD OF VALUERS:
I HEREBY APPLY for a valuation to be made of my property a description of which is set out above and I undertake to pay to the Board a fee in accordance with the scale of fees prescribed by the regulations.
It is/is not* my intention to be heard on the making of the valuation.
.................................................. Signature.
* Delete words that are inapplicable.
23 Mar 1967 p. 827‑8 | 23 Mar 1967 | |
4 Feb 1972 p. 227 | 4 Feb 1972 | |
13 Apr 1972 p. 804-5 | 13 Apr 1972 | |
30 Nov 1973 p. 4434 | 30 Nov 1973 | |
31 Dec 1975 p. 4710 | 31 Dec 1975 | |
23 Jan 1981 p. 406 | 23 Jan 1981 | |
16 Jan 1987 p. 104 | 16 Jan 1987 | |
22 Jul 1988 p. 2503 | 22 Jul 1988 | |
31 Aug 1990 p. 4480 | 31 Aug 1990 | |
13 Nov 1992 p. 5584 | 13 Nov 1992 | |
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