Untitled document
Valuation of Land Amendment Act 2009
No. 94 of 2009
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendments to the Valuation of Land Act 1960
3Definitions
4New section 4A inserted
4AMinisterial power of delegation
5Functions of valuer-general
6Valuation of transmission easements
7Section 6 substituted
6Participation in general valuations made by a valuation authority
8Section 7 substituted
7Requirement to confer with valuer-general
7AARequirement to report on council general valuation
7ABReturn of amended council general valuation
7ACAssessment of council general valuation by valuer-general
7ADRequirements as to valuer-general general valuation
7AEOrder where council general valuation reported not generally true and correct
7AFDeclaration where general valuation certified true and correct
7AGUse of valuation by another rating authority
7AHValuation taken to be made by rating authority
9Amendments to section 7A
10New sections inserted after section 7A
7BCouncil to provide valuation to valuer-general
7CValuer-general to maintain valuation record
7DWhat information is available from the valuation
record?7ESearching the valuation record
11Repeal of section 8
12Section 8AA substituted
8AAFees for copy of valuation
13Substitution of Part heading
14Insertion of new sections 9 to 12
9Where council is valuation authority
10Where valuer-general is valuation authority
11General valuation to be made every two years
12Minister may direct a general valuation of land
15Repeal of Division heading
16Section 13DA substituted
13DACouncil valuations
17Consequential repeal of provisions
18New section 13DFB
13DFBValuation authority to make supplementary valuation on behalf of council
19Valuation on union of or annexation by council
20Valuer's powers and duties
21Repeal of requirement for certain returns
22Section 15 substituted
15Notice of valuation
23Who may object?
24Time for lodging objection
25Further limitation on lodging of objections if previous objection lodged
26Exchange of information on certain objections
27Determination of objection
28Application to VCAT for review
29Costs
30New section 34 inserted
34Transitional provision—Valuation of Land Amendment Act 2009
Part 3—Consequential amendments to other
Acts
31Amendment of the Local Government Act 1989
32Amendment of the Land Acquisition and Compensation Act 1986
33Amendment of the Land Tax Act 2005
34Amendment of the Subdivision Act 1988
35Amendment of the Victorian Urban Development Authority Act 2003
Part 4—Repeal of Amending Act
36Repeal of amending Act
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Endnotes
Valuation of Land Amendment Act 2009
No. 94 of 2009
[Assented to 15 December 2009]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to amend the Valuation of Land Act 1960 to—
(i)make further provision for processes under the Act; and
(ii)give further powers to the valuer-general; and
(iii)make provision for other matters; and
(b)to make consequential amendments to other Acts.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 May 2010, it comes into operation on that day.
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Part 2—Amendments to the Valuation of Land Act 1960
3Definitions
In section 2(1) of the Valuation of Land Act 1960—
(a)insert the following definitions—
"council general valuation means a general valuation that a council is causing or has caused to be made for the municipal district of the council;
municipal district has the same meaning as in the Local Government Act 1989;
notice of valuation means a notice given under section 15(1)(a)(i), 15(2)(a) or 15(3)(a);
relevant municipal district, in relation to a valuation authority, means—
(a)if the valuation authority is a council, the municipal district of that council;
(b)if the valuation authority is the valuer-general, the municipal district of the council that has nominated the valuer-general under section 10 as a valuation authority;
valuation authority, in relation to a municipal district, means—
(a)the council for the municipal district under section 9; or
(b)if the council for the municipal district has nominated the valuer-general under section 10 to cause general valuations to be made for the municipal district, the valuer-general;
valuation record means the record of general and supplementary valuations established and maintained by the valuer-general under section 7C;
valuer-general general valuation means a general valuation that the valuer-general is causing or has caused to be made for a relevant municipal district.";
(b)in the definition of urban farm land—
(i)for "Council" substitute "valuation authority";
(ii)for "the land." substitute "the land;";
(c)in the definition of general valuation, omit "and includes any valuation made pursuant to subsection (2) of section eight of this Act".
4New section 4A inserted
After section 4 of the Valuation of Land Act 1960 insert—
"4A Ministerial power of delegation
The Minister may, in writing, delegate to the Secretary his or her powers under section 8AA(2).".
5Functions of valuer-general
After section 5(1)(a) of the Valuation of Land Act 1960 insert—
"(ab)to make general valuations when so nominated by councils;
(ac)to establish and maintain the valuation record, and to make certain parts of the valuation record publicly available in accordance with section 7D;".
6Valuation of transmission easements
In section 5B(2A) of the Valuation of Land Act 1960—
(a)in paragraph (b)—
(i)for "section 13DC(4)" substitute "section 12";
(ii)for "section 13DC(3)" substitute "section 11";
(b)for "the Minister under section 13DC(4)" substitute "the Minister under section 12".
7Section 6 substituted
For section 6 of the Valuation of Land Act 1960 substitute—
"6 Participation in general valuations made by a valuation authority
(1)A valuation authority proposing to make a general valuation must give not less than one month's notice of the decision to cause the valuation to be made to—
(a)every other rating authority interested in the valuation of land in the relevant municipal district; and
(b)in the case of a council general valuation, the valuer-general.
(2)A rating authority that has received notice under subsection (1) may, by notice, require the general valuation prepared by the valuation authority or any specified part of that valuation to show any one or more of the following—
(a)the net annual value;
(b)the site value;
(c)the capital improved value.
(3)A notice under subsection (2) must be given to the valuer-general.
(4)On receiving a notice under subsection (2) in relation to a council general valuation, the valuer-general must request the council to show the values requested in the valuation, and the council must ensure that the request of the valuer-general is given effect to.
(5)The additional cost incurred by a council in complying with a request of the valuer-general under subsection (4) must be met by the authority responsible for the request. If there is more than one such authority, the cost must be met in the proportions determined by the valuer-general.
(6)Any cost met by an authority under subsection (5) must be taken into account in the determination of fees under section 8AA.".
8Section 7 substituted
For section 7 of the Valuation of Land Act 1960 substitute—
"7 Requirement to confer with valuer-general
If a council is causing a council general valuation to be made, the valuer-general may require any valuer, appointed or employed by the council to carry out the valuation, to confer with—
(a)the valuer-general; or
(b)an officer or employee of the valuer-general, nominated by the valuer-general; or
(c)any other valuer designated by the valuer-general—
for the purpose of any rate of another rating authority, the area of which is in the relevant municipal district.
7AARequirement to report on council general valuation
(1)A valuer who carries out a council general valuation must give a report of the valuation in the prescribed form to the valuer-general.
(2)A report under subsection (1) must be given within 2 months of the date on which the valuation was returned to the council.
(3)If, after considering a report under subsection (1), the valuer-general is satisfied that—
(a)the whole or a part or parts of the general valuation are not generally true and correct; and
(b)it would be practicable for an amending valuation to be made to render the valuation generally true and correct—
the valuer-general may so notify the valuer.
(4)A valuer must comply, as soon as is reasonably possible, with any request for information that the valuer-general makes for the purpose of enabling the valuer-general to fulfil his or her duties under this section.
Penalty:5 penalty units.
7ABReturn of amended council general valuation
(1)A valuer who has received a notice from the valuer-general under section 7AA(3) may return any amending valuation that he or she considers appropriate in the circumstances.
(2)If a council general valuation has been amended under subsection (1), the amended valuation is taken to be the general valuation and the council may adjust the rate payable retrospectively for any period it considers just.
7ACAssessment of council general valuation by valuer-general
(1)After taking all appropriate steps under sections 7 and 7AA, the valuer-general must determine whether or not a council general valuation is generally true and correct.
(2)A determination under subsection (1) may vary in relation to a part or parts of the valuation.
(3)On making a determination under subsection (1), the valuer-general may do the following—
(a)if satisfied that the whole or a part of the valuation is generally true and correct, so certify;
(b)if satisfied that the whole or a part of the valuation is not generally true and correct, so report on the valuation.
7ADRequirements as to valuer-general general valuation
(1)The valuer-general must determine whether or not a valuer-general general valuation that he or she has caused to be made is generally true and correct.
(2)Before making a determination under subsection (1), the valuer-general may take all reasonable steps to ensure that the valuation is generally true and correct.
(3)On being satisfied that a general valuation under this section is generally true and correct, the valuer-general may so certify.
7AEOrder where council general valuation reported not generally true and correct
(1)On receiving a report from the valuer-general that the whole or a part of a council general valuation is not generally true and correct, the Minister may recommend to the Governor in Council that an Order be made under this section.
(2)On receiving a recommendation of the Minister under subsection (1), the Governor in Council may, by Order published in the Government Gazette—
(a)require a council to cause a new general valuation to be made as soon as possible on all of the rateable land in the whole or any part of the municipal district on the basis or bases of value assessed that are specified in the Order; or
(b)limit the use of a council general valuation by the council and any other rating authority as to any one or more of the bases of value assessed to such period as is specified in the Order.
7AFDeclaration where general valuation certified true and correct
(1)In accordance with this section the Minister may declare that—
(a)a valuer-general general valuation is generally true and correct; or
(b)a council general valuation is generally true and correct—
(i)as to the whole valuation or any part or parts of the valuation; or
(ii)as to any one or more of the bases of value assessed.
(2)On making a declaration under subsection (1), the whole or that part of the valuation which is declared generally true and correct is taken to be suitable to be adopted and used for the purposes of any rating authority for the full period allowed by Part II or any other Act that applies to a particular rating authority using the valuation.
(3)Before making a declaration under subsection (1), the Minister must be satisfied that the valuer-general has certified under this Part that the valuation, or the relevant part of the valuation is generally true and correct.
(4)A declaration under subsection (1) must be in writing.
7AGUse of valuation by another rating authority
(1)A rating authority may apply to the valuer-general to use the whole or part of a general valuation or supplementary valuation made by or for a valuation authority, the record of which is kept by the valuer-general in the valuation record.
(2)On receiving an application under subsection (1), the valuer-general must give the rating authority a copy of the valuation or part of the valuation that has been declared as being generally true and correct under section 7AF.
(3)A copy of the valuation or part of the valuation must be given to the rating authority under subsection (2), within 2 months of—
(a)the valuer-general receiving the request (if the valuation is made at the time of the request); or
(b)the making of the valuation (if the valuation is not made at the time of the request).
7AHValuation taken to be made by rating authority
A valuation that has been given to a rating authority for use under section 7AG is taken to be made for the purposes of the rating authority.".
9Amendments to section 7A
In section 7A(1) of the Valuation of Land Act 1960, for "a general valuation" substitute
"a council general valuation for that council".
10New sections inserted after section 7A
After section 7A of the Valuation of Land Act 1960 insert—
"7B Council to provide valuation to valuer-general
(1)A council that has caused a general valuation or supplementary valuation of rateable land within its municipal district to be made must provide that valuation to the valuer-general within 2 months of the making of the valuation.
(2)Subsection (1) does not apply if the valuer employed or appointed by the council has already provided the valuation to the valuer-general—
(a)if the valuation is a general valuation, in accordance with section 7AA;
(b)if the valuation is a supplementary valuation, in accordance with section 13DFA(1).
7CValuer-general to maintain valuation record
(1)The valuer-general is responsible for establishing and maintaining a record of—
(a)all valuer-general general valuations; and
(b)all council general valuations provided to the valuer-general under this Act; and
(c)all supplementary valuations provided to the valuer-general under this Act.
(2)The valuer-general may establish and maintain the valuation record in any form that the valuer-general thinks fit.
7DWhat information is available from the valuation record?
(1)The valuer-general must ensure that, subject to the Information Privacy Principles, any information that forms part of the valuation record and that is releasable information is made available to the public.
(2)The valuer-general must not make available to the public information in the valuation record that is not releasable information.
(3)In this section—
Information Privacy Principle has the same meaning as in the Information Privacy Act 2000;
releasable information means—
(a)the net annual value, the site value and the capital improved value for each property recorded in the valuation record, where that value has been determined in the relevant valuation specified in section 7C(1);
(b)a property description for each property recorded in the valuation record.
7ESearching the valuation record
(1)A person may apply to the valuer-general for access to information or records that form part of the valuation record and that are publicly available under section 7D.
(2)An application under this section must be accompanied by the prescribed fee.".
11Repeal of section 8
Section 8 of the Valuation of Land Act 1960 is repealed.
12Section 8AA substituted
For section 8AA of the Valuation of Land Act 1960 substitute—
"8AA Fees for copy of valuation
(1)A rating authority that has received a copy of the whole or part of a valuation for use under section 7AG must pay the valuation authority—
(a)on receipt of the valuation, a fee for the use of the valuation; and
(b)after that, fees in respect of the servicing of the valuation.
(2)A fee payable under subsection (1) is—
(a)the fee agreed between the parties; or
(b)in default of an agreement, the fee determined by the Minister.
(3)A fee is not payable under this section unless the valuation or part of the valuation provided has been declared as generally true and correct by the Minister under section 7AF.".
13Substitution of Part heading
For the heading to Part II of the Valuation of Land Act 1960 substitute—
"Part II—Valuations for Local Government Act 1989".
14Insertion of new sections 9 to 12
After the heading to Part II of the Valuation of Land Act 1960 insert—
"9 Where council is valuation authority
Subject to section 10, a council is the valuation authority in respect of the municipal district of the council.
10Where valuer-general is valuation authority
(1)A council may nominate the valuer-general to be the valuation authority in respect of the municipal district of the nominating council.
(2)On the making of a nomination under subsection (1), the valuer-general has the power to cause a valuation of all rateable land in the municipal district of the council which has made the nomination.
(3)A nomination by a council under subsection (1) must be made—
(a)to the valuer-general in writing; and
(b)by 30 June of the even calendar year that immediately precedes the next even calendar year in which a general valuation is to be made.
(4)A nomination under subsection (1) continues in force until the nomination is revoked in accordance with subsection (5).
(5)A nomination under subsection (1) may be revoked by a council if the revocation is made—
(a)in the same manner as the nomination was made; and
(b)before 30 June of the even calendar year that immediately precedes the next even calendar year in which a valuation is to be made; and
(c)in respect of a general valuation that has not yet been caused to commence.
11General valuation to be made every two years
A valuation authority must, for the purposes of the Local Government Act 1989, cause a general valuation of rateable land within the relevant municipal district to be made as at 1 January in every even calendar year and returned to—
(a)the valuation authority; and
(b)if the valuation authority is not the rating authority, the rating authority—
before 30 June in that year.
12Minister may direct a general valuation of land
The Minister, after consultation with the valuer-general, may direct a valuation authority to cause a valuation of rateable land within the relevant municipal district to be made as at, and returned before, dates other than those specified in section 11.".
15Repeal of Division heading
In Part II of the Valuation of Land Act 1960, the heading to Division 3A is repealed.
16Section 13DA substituted
For section 13DA of the Valuation of Land Act 1960 substitute—
"13DA Council valuations
(1)A council, when making a valuation under this Act for the purposes of the Local Government Act 1989, may appoint one or more people to carry out the valuation.
(2)A council must not appoint a person under subsection (1) unless the person holds the qualifications or experience specified from time to time by the Minister by notice published in the Government Gazette.
(3)If—
(a)a valuer who is qualified under subsection (2) and acceptable to the council is not reasonably available to the council; and
(b)the valuer-general reasonably believes it is necessary to do so—
the valuer-general, or a valuer nominated by the valuer-general, may carry out valuations for the council for a fee.".
17Consequential repeal of provisions
Sections 13DC(3) and 13DC(4) of the Valuation of Land Act 1960 are repealed.
18New section 13DFB
After section 13DFA of the Valuation of Land Act 1960 insert—
"13DFB Valuation authority to make supplementary valuation on behalf of council
(1)If the valuer-general is the valuation authority for a municipal district, the valuer-general must carry out a supplementary valuation under section 13DF if so requested by the council of that municipal district.
(2)A request by a council under subsection (1) must be made to the valuer-general in writing.".
19Valuation on union of or annexation by council
(1)In section 13DG(2) of the Valuation of Land Act 1960—
(a)for "for the council" substitute "of the new municipal district";
(b)for "the council" (where secondly occurring) substitute "the valuation authority";
(c)for "its municipal district" substitute "the municipal district".
(2)In section 13DG(3) of the Valuation of Land Act1960—
(a)in paragraph (a), for "the council" substitute "the valuation authority";
(b)in paragraph (c)—
(i)for "the council" substitute "the valuation authority"; and
(ii)for "its municipal district" substitute "the municipal district".
20Valuer's powers and duties
Section 13DH(3) of the Valuation of Land Act 1960 is repealed.
21Repeal of requirement for certain returns
Section 13DI(1) of the Valuation of Land Act 1960 is repealed.
22Section 15 substituted
For section 15 of the Valuation of Land Act 1960 substitute—
"15 Notice of valuation
(1)A valuation authority that is not also a rating authority that makes a general valuation or causes a general valuation to be made must either—
(a)give—
(i)notice of that valuation, in accordance with this section; and
(ii)notice that some other authority may use one of the bases of value shown in the notice under subparagraph (i) for the purposes of a rate or tax levied by that authority; or
(b)give sufficient information to the relevant rating authority as to that valuation to enable the rating authority to give notice in accordance with this section .
(2)A rating authority that makes a general or supplementary valuation or causes a general or supplementary valuation to be made must give—
(a)notice of that valuation, in accordance with this section; and
(b)notice that some other authority may use one of the bases of value shown in the notice under paragraph (a) for the purposes of a rate or tax levied by that authority.
(3)A rating authority that receives information from a valuation authority under section (1)(b) as to a general valuation must give—
(a)notice of that valuation in accordance with this section; and
(b)notice that some other authority may use one of the bases of value shown in the notice under paragraph (a) for the purposes of a rate or tax levied by that authority.
(4)A notice of valuation must be given within 2 months of the valuation being declared to be generally true and correct by the Minister under section 7AF.
(5)A notice of valuation must be given to each person within the municipal district in respect of which the valuation has been made who is or will be liable to pay a rate made by the rating authority for the municipal district.
(6)A notice of valuation must—
(a)identify the land in respect of which the rate is or will be payable; and
(b)show the capital improved value, the site value and the net annual value as assessed in respect of the land; and
(c)state the date at which the value of land was assessed.
(7)If the person liable for payment of the rate is not the occupier of the land, the authority responsible for giving a notice of valuation must also give such a notice to the occupier.
(8)A notice under subsection (1)(a)(ii), (2)(b) or (3)(b) must be given before or at the same time as the notice of valuation to which it relates.
(9)This section does not apply in respect of a valuation of a transmission easement made under section 5B.".
23Who may object?
(1)For section 16(1) of the Valuation of Land Act 1960 substitute—
"(1)A person aggrieved by a valuation of any land made or caused to be made by a valuation authority may lodge a written objection to that valuation, on any one or more of the grounds set out in section 17, with the authority that gave the notice of valuation.".
(2)For section 16(3) of the Valuation of Land Act 1960 substitute—
"(3)An objection must not be disallowed merely because of a failure to comply with subsection (2).".
(3)In section 16(4) of the Valuation of Land Act 1960—
(a)for "a notice of valuation by a rating authority under section 15(1)(a) or (3)" substitute "a notice of valuation";
(b)for "levied by that authority" substitute "levied by the authority that gave the notice".
(4)For section 16(5)(b) of the Valuation of Land Act 1960 substitute—
"(b)the person has not been given a notice of valuation.".
(5)In section 16(6), of the Valuation of Land Act 1960, for "rating authority" substitute "valuation authority".
(6)In section 16(6A) of the Valuation of Land Act 1960, for "a notice of valuation by a rating authority" substitute "a notice of valuation".
(7)In sections 16(6B) and 16(6C) of the Valuation of Land Act 1960, for "rating authority" (wherever occurring) substitute "valuation authority".
24Time for lodging objection
In section 18(a) of the Valuation of Land Act 1960, omit "under section 15(1)(a)".
25Further limitation on lodging of objections if previous objection lodged
In section 19(1) of the Valuation of Land Act 1960, after "rating authority" insert "or valuation authority".
26Exchange of information on certain objections
(1)In section 20(2) of the Valuation of Land Act 1960—
(a)for "the rating authority" substitute
"the authority";
(b)for "the valuer for the authority" substitute "the valuer to whom the objection has been referred".
(2)In section 20(3) of the Valuation of Land Act 1960, for "rating authority" substitute "valuation authority".
27Determination of objection
(1)For section 21(2) of the Valuation of Land Act 1960 substitute—
"(2)If an objection has been lodged with an authority that is not the valuation authority that made the valuation or caused the valuation to be made, the authority must refer the objection to that valuation authority.
(2A)A valuation authority with whom a valuation has been lodged or to whom an objection has been referred under subsection (2), must refer the objection to the valuer who made the valuation.
(2B)A valuer to whom an objection has been referred must provide the objector with a reasonable opportunity to discuss his or her objection with the valuer.".
(2)In section 21(3)(b)(ii) of the Valuation of Land Act 1960, for "rating authority" substitute "valuation authority".
(3)In section 21(5) of the Valuation of Land Act 1960, for "and the rating authority" substitute
", the valuation authority and any other rating authority that uses or proposes to use the valuation".
(4)In section 21(7) of the Valuation of Land Act 1960, for "subsection (2)" substitute
"subsection (2B)".
28Application to VCAT for review
(1)In sections 22(2), 22(4)(a), 22(5) and 22(6) of the Valuation of Land Act 1960 for "rating authority" (wherever occurring) substitute "valuation authority".
(2)For section 22(8) of the Valuation of Land Act 1960 substitute—
"(8)Despite subsection (2), the valuer for a valuation authority may give an objector notice of a decision on the objection or a copy of a recommendation under section 21(3)(b)(ii) more than 4 months after the objection was lodged with the valuation authority.
(9)Despite subsection (3), the valuer-general may give an objector notice of a decision under section 21(5) more than 2 months after a copy of a recommendation was given to the objector under section 21(3)(b)(ii).".
29Costs
In section 26(2)(g) of the Valuation of Land Act 1960, for "rating authority" substitute "valuation authority".
30New section 34 inserted
After section 33 of the Valuation of Land Act 1960 insert—
"34 Transitional provision—Valuation of Land Amendment Act 2009
Despite section 10(3)(b), a council that is proposing to make a nomination under section 10 that is to have effect with respect to a general valuation for the year 2012, must make that nomination by 30 September 2010.".
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Part 3—Consequential amendments to other Acts
31Amendment of the Local Government Act 1989
(1)In section 181(3) of the Local Government Act 1989, for "section 13DA(1A)" substitute
"section 13DA(2)".
(2)In section 189(2)(b) of the Local Government Act 1989, for "section 13DA(1A)" substitute "section 13DA(2)".
32Amendment of the Land Acquisition and Compensation Act 1986
(1)In section 31(5) of the Land Acquisition and Compensation Act 1986, for "section 13DA(1A)" substitute "section 13DA(2)".
(2)In section 35(1)(f)(i) of the Land Acquisition and Compensation Act 1986, for "section 13DA(1A)" substitute "section 13DA(2)".
(3)In section 96(1)(c) of the Land Acquisition and Compensation Act 1986, for "section 13DA(1A)" substitute "section 13DA(2)".
(4)In section 97(1) of the Land Acquisition and Compensation Act 1986, for "section 13DA(1A)" (wherever occurring) substitute "section 13DA(2)".
33Amendment of the Land Tax Act 2005
(1)In section 3(1) of the Land Tax Act 2005—
(a)in the definition of return date, for "municipal council" substitute "valuation authority (within the meaning of that Act)";
(b)in the definition of supplementary valuation, for "municipal council" substitute "valuation authority (within the meaning of that Act)".
34Amendment of the Subdivision Act 1988
In section 19(1) of the Subdivision Act 1988, for "section 13DA(1A)" substitute "section 13DA(2)".
35Amendment of the Victorian Urban Development Authority Act 2003
In the definition of qualified valuer in section 50(1) of the Victorian Urban Development Authority Act 2003, for "section 13DA(1A)" substitute "section 13DA(2)".
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Part 4—Repeal of Amending Act
36Repeal of amending Act
This Act is repealed on 1 May 2011.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
Minister's second reading speech—
Legislative Assembly: 2 September 2009
Legislative Council: 17 September 2009
The long title for the Bill for this Act was "A Bill for an Act to amend the Valuation of Land Act 1960, to make consequential amendments to other Acts and for other purposes."
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