Noble v Department of Natural Resources and Water
[2008] QLC 135
•7 May 2008
LAND COURT OF QUEENSLAND
CITATION: Noble v Department of Natural Resources and Water [2008] QLC 0135 PARTIES: Ranald Cormack Noble
(appellant)v. Chief Executive, Department of Natural Resources and Water
(respondent)FILE NO: RV2006/0396 DIVISION: Land Court of Queensland – General Division PROCEEDING: An appeal against a rental valuation DELIVERED ON: 7 May 2008 DELIVERED AT: Brisbane HEARD AT: Blackall MEMBER: Mr JJ Trickett, President ORDER: The appeal is allowed, the valuation of the Chief Executive is set aside and the unimproved value of "Tarbarah" as at 1 October 2005 is determined at One Million Five Hundred Thousand Dollars ($1,500,000). CATCHWORDS: Unimproved value – grazing property at Blackall – comparison with determinations of test cases – sales relied upon in the test cases – classification of country - carrying capacity – sheep area values – disabilities - Valuation of Land Act 1944 APPEARANCES: Mr A Boyd, agent, for the appellant
Mr W Isdale, Executive Legal Consultant, Crown Law, for the respondent
This is an appeal by a landowner in the Shire of Blackall against the unimproved value applied to his land by the Chief Executive, Department of Natural Resources and Water (the Department) under the provisions of the Valuation of Land Act 1944 (the Act).
Mr Noble is the owner of a grazing property known as "Tarbarah", containing an area of 10,265.56 ha, situated about 80km south-west of Blackall. As at 1 October 2005, the respondent applied an unimproved value of $1,550,000, or $150/ha, to that property. Mr Noble appealed to the Land Court against that valuation, stating that his estimate of the unimproved value is $765,000.
Mr Noble also appealed against the rating valuation of "Tarbarah", which the Department had valued at the same amount. Evidence in respect of that matter was heard at Blackall and I determined the unimproved value at $1,500,000, or approximately $146/ha.[1]
[1] Noble v Department of Natural Resources and Water [2008] QLC 0086.
For the reasons set out in that published decision, I propose to determine the rental valuation at the same value.
Order
The appeal is allowed, the valuation of the Chief Executive is set aside and the unimproved value of "Tarbarah" for rental purposes as at 1 October 2005 is determined at One Million Five Hundred Thousand Dollars ($1,500,000).
JJ TRICKETT
PRESIDENT OF THE LAND COURT
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