Ogg v Department of Natural Resources and Water

The Ogg family, owners of the property "Talkara", appealed the annual valuation determined by the Chief Executive of the Department of Natural Resources and Water (the Department). They sought to challenge the unimproved value of their property as at 1 October 2005 under the provisions of the Valuation of Land Act 1944. The appeal was heard by Mr JJ Trickett, a member of the Land Court of Queensland. The family argued that the valuation was not in relativity with other properties, that the Department overestimated the carrying capacity of their land, and that the Department did not properly consider the quality of the country, the effects of poor seasons, or the increased prickly acacia infestation.

The primary issues before the court were the carrying capacity of the property and the extent and impact of the prickly acacia infestation. The court accepted the evidence of the appellants regarding the fragility of the country on "Talkara" and that it was only possible to carry sheep at the rate of 1 sheep to 1.8 ha in the better seasons. However, the court found that carrying capacities were assessed by the Department for the purposes of comparison, not as an indication of what individual owners should run on their properties. The court accepted the assessment of Mr DA Routh, the registered valuer, who had inspected the property and had made comparisons with other properties in the area. The only remaining issue was the extent of the allowance that should be made for the prickly acacia infestation. The court found that prickly acacia was widespread throughout the area, and accepted Mr Routh's opinion that the infestation on "Talkara" was not as severe as on other properties in the area.

The court allowed the appeal and set aside the valuation of the Chief Executive. The unimproved valuation of "Talkara" as at 1 October 2005 was determined at Nine Hundred and Eighty-five Thousand Dollars ($985,000).