Valuation Of Land Act 1963 (NT)

NORTHERN TERRITORY OF AUSTRALIA

VALUATION OF LAND ACT 1963

As in force at 3 March 2023

Table of provisions NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 3 March 2023

VALUATION OF LAND ACT

An Act relating to the valuation of land

Part IPreliminary 1Short title

This Act may be cited as the Valuation of Land Act 1963.

2Commencement

This Act shall come into operation on a date to be fixed by the Administrator by notice published in the Gazette.

4Definitions

In this Act:

Board means a Valuation Board of Review established under section 20G.

Chairperson means the Chairperson of the Panel appointed under section 20C.

gross annual rental means the fair rental that a property may be expected to be let at from year to year less statutory outgoings.

improvements, in relation to land, means improvements on or appertaining to the land, whether visible or invisible and whether made or acquired by the owner or a predecessor in title of the owner, and includes any destruction of suckers and seedlings that is incidental to the destruction of other vegetable growths and of animal pests on the land to the extent only to which the destruction retains its effectiveness, but does not include the destruction by a person of any vegetable growths or animal pests that are allowed to establish themselves on the land during his ownership except to the extent, if any, to which that destruction consists wholly or partly of the further destruction of any vegetable growths or animal pests which, after having apparently been destroyed, are again allowed to establish themselves on the land.

land includes a stratum.

lease includes a licence to occupy, or a tenancy of, land.

lessee means a person to whom a lease of land has been granted, and includes a person to whom a lease passes by transfer, devolution or operation of law.

owner means, in relation to land that is subject to a lease from the Crown, the lessee of the lease, and includes a person who has obtained a right to be granted such a lease.

Panel means the Valuation Board of Review Panel established under section 20B.

parcel of land means an area of land that is separately held by any owner.

prescribed improvements, in relation to any lands, means improvements on or appertaining to the land that are of a kind referred to in section 12.

ratable means, in relation to land, liable under a law of the Territory to have rates imposed in respect of the land.

rating authority means a local government council, and includes any other body or authority that is entitled to impose rates in respect of land under a law of the Territory.

site improvements, in relation to any land, means improvements on the land that consists of:

• (a)

  the reclamation of any part of the land by draining or filling and the erection of retaining walls, and the carrying out of other works, for the purposes of reclamation; or

• (b)

  the excavation, grading or levelling of any part of the land otherwise than for the purpose of irrigation or conservation.

statutory outgoings means, in relation to land, any rates imposed by a rating authority and any water, sewerage and other rates and taxes applying to the land during the 12 month period immediately preceding a determination of the annual value of the land.

stratum means a part of land consisting of a space or layer below, on or above the surface of the land, or partly below and partly above the surface of the land, defined or definable by reference to improvements or otherwise, whether some of the dimensions of the space or layer are unlimited or whether all the dimensions are limited, but refers only to a stratum ratable or taxable under an Act.

the Tribunal means the Land and Valuation Review Tribunal established by this Act.

valuation body means a professional association or institute of land valuers determined under section 7A(1).

valuation qualification means a qualification determined under section 7A(2).

valuation roll means a valuation roll prepared and maintained under section 15.

valuer means a person who:

• (a)

  is a member of a valuation body; or

• (b)

  possesses a valuation qualification.

Valuer-General means the Valuer-General for the Territory appointed under section 5.

Note for section 4

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

Part IIAdministration 5Valuer-General

• (1)

  For the purposes of this Act, there shall be a Valuer-General for the Territory who shall be appointed by the Minister.

• (2)

  A person shall not be appointed to be the Valuer-General unless he is a valuer.

6Judicial notice of signature of Valuer-General

All courts and persons acting judicially shall take judicial notice of a mark purporting to be the signature of the Valuer-General or a facsimile of his signature affixed to a document, and, in the case of a facsimile of his signature, shall presume that it was affixed by proper authority of the Valuer-General.

7Delegation

• (1)

  The Valuer-General may, by instrument in writing, delegate to a valuer all or any of his powers and duties under this Act (except this power of delegation) in relation to a matter or class of matters, or to a particular place, or generally.

• (2)

  A power or duty so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation.

• (3)

  A delegation under this section is revocable at will and does not prevent the exercise of a power, or the performance of a duty, by the Valuer-General.

7AValuation bodies and valuation qualifications

• (1)

  The Minister may determine a professional association or institute of land valuers to be a valuation body.

• (2)

  The Minister may determine a professional qualification in land valuation to be a valuation qualification.

Part IVValuations and valuation rolls 8Improved capital value

• (1)

  For the purposes of this Act, the improved capital value of land (other than a stratum) is the sum which the fee simple of the land might be expected to realize if offered for sale on such reasonable terms and conditions as a seller in good faith would require.

• (2)

  In determining the improved capital value of land under subsection (1) which are premises occupied for trade, business or manufacturing purposes, such value shall not include the value of plant, machines, tools or other appliances which are not fixed to the premises or which are only so fixed that they may be removed without causing structural damage to the premises.

8AAnnual value

• (1)

  For the purposes of this Act, the annual value of land (other than a stratum) is:

  • (a)

    the gross annual rental of the property; or

  • (b)

    5% of the improved capital value of the land,

  whichever is the greater.

• (2)

  In determining the annual value of land under subsection (1) which are premises occupied for trade, business or manufacturing purposes, such value shall not include the value of plant, machines, tools or other appliances which are not fixed to the premises or which are only so fixed that they may be removed without causing structural damage to the premises.

• (3)

  In determining the annual value of land under subsection (1) it shall be assumed that the land with the improvements, if any thereon, is not subject to a determination in relation to rent under section 43 of the Residential Tenancies Act 1999.

8BImproved capital value of stratum

• (1)

  For the purposes of this Act, the improved capital value of a stratum is the sum which the fee simple of the stratum might be expected to realize if offered for sale on such reasonable terms and conditions as a seller in good faith would require.

• (2)

  In determining the improved capital value of a stratum under subsection (1) which are premises occupied for trade, business or manufacturing purposes, such value shall not include the value of plant, machines, tools or other appliances which are not fixed to the premises or which are only so fixed that they may be removed without causing structural damage to the premises.

8CUnimproved capital value of stratum

• (1)

  For the purposes of this Act, the unimproved capital value of a stratum is the sum which the fee simple of the stratum might be expected to realize if offered for sale on such reasonable terms and conditions as a seller in good faith would require assuming that:

  • (a)

    the improvements, if any, which form the walls, floors and ceilings containing the stratum and made or acquired by the owner or his predecessor in title had not been made, provided that where the stratum is wholly or partly in an excavation it shall be assumed that the excavation of the stratum had been made;

  • (b)

    means of access to the stratum may be used, and may continue to be used, as they were being used, or could be used, on the date to which the valuation relates; and

  • (c)

    lands outside the stratum, including land of which the stratum forms part, are in the state and condition existing at the date to which the valuation relates, and, in particular, without limiting the generality of this assumption, that where the stratum consists partly of a building, structure or work or is portion of a building, structure or work, such building, structure or work, to the extent that it is outside the stratum, had been made.

• (2)

  In determining the unimproved capital value of a stratum under subsection (1) it shall be assumed that:

  • (a)

    the stratum may be used, or may continue to be used, for any purpose for which it was being used, or for which it could be used at the date to which the valuation relates; and

  • (b)

    such improvements may be continued or made in the stratum as may be required in order to enable the stratum to continue to be so used,

  but nothing in this subsection prevents regard being had, in determining that value, to other purposes for which the stratum may be used on the assumptions set forth in subsection (1).

8DAnnual value of stratum

• (1)

  The annual value of a stratum is:

  • (a)

    the gross annual rental of the stratum; or

  • (b)

    5% of the improved capital value of the stratum,

  whichever is the greater.

• (2)

  In determining the annual value of a stratum under subsection (1) which are premises occupied for trade, business or manufacturing purposes, such value shall not include the value of plant, machines, tools or other appliances which are not fixed to the premises or which are only so fixed that they may be removed without causing structural damage to the premises.

• (3)

  In determining the annual value of a stratum under subsection (1) it shall be assumed that the stratum with the improvements, if any therein, is not subject to a determination in relation to rent under section 43 of the Residential Tenancies Act 1999.

9Unimproved capital value

• (1)

  For the purposes of this Act, the unimproved capital value of land (other than a stratum) is:

  • (a)

    the capital sum which the fee simple of the land might be expected to realize if offered for sale on such reasonable terms and conditions as a seller in good faith would require, assuming that any improvements, other than site improvements, on or appertaining to the land had not been made; or

  • (b)

    the sum which would be obtained by deducting the value of any improvements, other than site improvements on or appertaining to the land, from the improved capital value of the land,

  whichever is the greater.

• (2)

  Notwithstanding anything in subsection (1), in determining the unimproved capital value of any land under that subsection it shall be assumed that:

  • (a)

    the land may be used or continued to be used for any purpose for which it was being used or could be used at the date to which the valuation relates; and

  • (b)

    such improvements on or appertaining to the land are made or continued as are necessary to enable the land to be or continue to be so used,

  but nothing in this subsection prevents regard being had in determining that value to any other purpose for which the land may be used on the assumption that the improvements, other than site improvements, on or appertaining to the land had not been made.

• (3)

  For the purposes of this section, the value of improvements on or appertaining to land is the added value which the improvements, other than site improvements, give to the land, irrespective of the cost of the improvements, including in such added value the value of any licence in force under the Liquor Act 2019, the value of which has been included in the improved capital value of the land.

10Valuations of unimproved capital value of ratable land

• (1)

  The Valuer-General shall, before the expiration of the period of 3 years after the date of commencement of the Valuation of Land Act 1973, cause a valuation to be made of the unimproved capital value of all ratable land.

• (2)

  Where, after the Valuer-General has made a valuation of the unimproved capital value of any land in pursuance of this section (including this subsection):

  • (a)

    the land is subdivided;

  • (b)

    a change is made in the boundaries of the land; or

  • (c)

    a change occurs in the purpose for which the land may be used or continued to be used,

  the Valuer-General shall, as soon as practicable, cause a further valuation of the unimproved capital value of that land to be made.

• (3)

  The Valuer-General shall cause a further valuation of the unimproved capital value of all land that is then ratable to be made before the expiration of the period of 3 years after the making of each valuation of ratable land under subsection (1) or under this subsection.

• (4)

  A valuation of the unimproved capital value of any land made in pursuance of subsection (1) or (3) shall determine that value as at the date on which the valuation is made.

• (5)

  A valuation of the unimproved capital value of any land made under subsection (2) shall be the valuation as at the date on which the last valuation of the unimproved capital value of that land was made under subsection (1) or (3).

10ARating authority may request valuation

• (1)

  A rating authority may, by notice in writing to the Valuer-General, request him to cause a valuation to be made of:

  • (a)

    the improved capital value;

  • (b)

    the annual value; or

  • (c)

    the unimproved capital value,

  of all or part of its ratable land.

• (2)

  A notice under subsection (1) shall specify:

  • (a)

    the value to be determined; and

  • (b)

    the ratable land in respect of which the valuation is required.

• (3)

  The Valuer-General on receiving a notice under subsection (1) may cause a valuation to be made of the land specified in the notice.

• (4)

  Where, after the Valuer-General has made a valuation of land in pursuance of this section (including this subsection):

  • (a)

    the land is subdivided;

  • (b)

    a change is made in the boundaries of the land; or

  • (c)

    a change occurs in:

    • (i)

      the purpose for which the land may be used or be continued to be used; or

    • (ii)

      an improvement on the land,

  the Valuer-General shall, as soon as practicable, cause a further valuation of the land to be made.

• (5)

  A valuation under subsection (4) shall be made of the improved capital value, the annual value or the unimproved capital value whichever was determined in the previous valuation of the land.

• (6)

  The Valuer-General shall cause to be made a further valuation of land which is then ratable before the expiration of the period of 3 years after the making of each valuation under subsection (3) or under this subsection.

• (7)

  A valuation made under subsection (3) or (6) shall determine the value as at the date on which the valuation is made.

• (8)

  A valuation made under subsection (4) shall be the valuation as at the date on which the last valuation was made under subsection (3) or (6).

10BSection 10 no longer to apply where valuation made under section 10A

Where the Valuer-General under section 10A(3) causes a valuation to be made of land and the land is land to which section 10 applies that section shall be deemed on and from the date of the valuation no longer to apply to or in relation to the land and all valuations of the land on and from that date shall be made in accordance with section 10A.

10CHeritage land

• (1)

  The owner of land that is or contains a heritage place is entitled to the benefit of this section in respect of the valuation of that land.

• (2)

  Where the Valuer-General is satisfied that a person is entitled to the benefit of this section, he may, and shall at the request of that person, value the land:

  • (a)

    taking into account the fact that the land is or contains a heritage place; and

  • (b)

    disregarding any potential use of the land that is inconsistent with the preservation of the value of the land or the relevant part of the land as a heritage place,

  and any such valuation shall operate for the purposes of any rating or taxing Act on the basis of the valuation of the Valuer-General.

• (3)

  Where, after the Valuer-General has caused a valuation of land to be made under section 10 or 10A, he causes a valuation of the land to be made under subsection (2), the valuation shall:

  • (a)

    be made of the improved capital value, the annual value or the unimproved capital value whichever was determined in the previous valuation of the land; and

  • (b)

    be the valuation as at the date on which the previous valuation was made.

• (3A)

  Where the Valuer-General causes a valuation to be made of land under section 10 or 10A and the Valuer-General is satisfied that the owner of the land is entitled to the benefit of this section, the valuation of the land shall be made:

  • (a)

    taking into account the fact that the land is or contains a heritage place; and

  • (b)

    disregarding any potential use of the land that is inconsistent with the preservation of the value of the land or the relevant part of the land as a heritage place,

  and any such valuation shall operate for the purposes of any rating or taxing Act on the basis of the valuation of the Valuer-General.

• (4)

  Where the Valuer-General makes a valuation under subsection (2), he shall inform the owner of the land, in writing, of the valuation and of the owner’s obligations under subsection (6).

• (5)

  If at the time a liability to pay a rate, tax or impost on land arises the land is owned by a person who subsequently establishes an entitlement to the benefit of this section, neither the validity nor the extent of the liability is affected by this section.

• (6)

  Where land has been valued under this section and the land ceases to be a heritage place, the owner shall within 28 days inform the Valuer-General accordingly and shall furnish such further information, if any, as the Valuer-General requires.

  Maximum penalty:          15 penalty units.

• (7)

  In this section:

  heritage place, see section 4 of the Heritage Act 2011.

  rating or taxing Act means an Act under which a rate, tax or impost is levied or imposed on land.

11Other valuations

• (1)

  Subject to this Act, the Valuer-General shall cause such valuations of or in relation to land in the Territory to be made:

  • (a)

    as are required by the Territory, an authority of the Territory, the Minister, a rating authority or any other public authority or local government council; or

  • (b)

    as are required by or under any law (other than this Act) in force in the Territory,

  and may make such other valuations of or in relation to land in the Territory as he thinks fit.

• (2)

  A valuation made in pursuance of this section may determine a value as at a date earlier than the date on which the valuation was made.

12Value of certain improvements

• (1)

  Where the Valuer-General makes a valuation of the unimproved capital value of any land, he shall also make a valuation of:

  • (a)

    any site improvements on the land; and

  • (b)

    any improvements that, although not made on the land, have been made for the purpose of draining the land or protecting the land from inundation,

  being improvements made within the immediately preceding period of 15 years by the person who is the owner of the land at the date on which the valuation was made.

• (2)

  The Valuer-General shall not value any improvements under subsection (1) at an amount exceeding the cost of making those improvements at the date on which the valuation was made.

13Effect of valuation

• (1)

  Where, for the purpose of any law in force in the Territory, it is necessary to ascertain the unimproved capital value, the improved capital value or the annual value as at a specified time of any land:

  • (a)

    if the Valuer-General has made a valuation of the unimproved capital value, the improved capital value or the annual value of that land as at that time – the value determined by that valuation; or

  • (b)

    if the Valuer-General has not made such a valuation as at that time but has made a valuation of the unimproved capital value, the improved capital value or the annual value of that land as at an earlier time – the value determined by the last such valuation,

  shall, subject to subsection (2), be deemed for the purpose of that law, unless the contrary intention appears in that law, to have been the unimproved capital value, the improved capital value or the annual value of that land at that first-mentioned time.

• (2)

  An amount that is deemed by subsection (1) to be the unimproved capital value of any land at any time shall be deemed to be reduced by the value of the prescribed improvements on or appertaining to that land, as determined by the Valuer-General in the valuation made by him at the same time as he made the valuation of the unimproved capital value of that land.

14Land to be included in the one valuation

• (1)

  Subject to this section, the Valuer-General shall make a separate valuation of every parcel of ratable land.

• (2)

  Where several parcels of adjoining land of the same tenure are owned by the same person and:

  • (a)

    no part of those parcels of land is leased by the owner to any person; or

  • (b)

    all the parcels of land are leased by the owner to the same person,

  the Valuer-General may include all the parcels of land in the one valuation.

• (3)

  Subsection (2) does not apply to or in relation to a parcel of land that is capable of separate ownership and on which there is erected a building that is adapted to separate occupation.

• (4)

  For the purposes of this section, parcels of land that are separated by a public road shall not be deemed to adjoin one another.

14ADetermination of limits of land

If any doubt arises as to the limits, for the purpose of making a valuation, of a parcel of land, the limits shall be determined for that purpose by the Valuer-General after considering all matters which in his opinion are relevant.

15Valuation rolls

• (1)

  For the purposes of this Act, the Valuer-General shall cause a valuation roll to be prepared and maintained for all ratable land.

• (2)

  A valuation roll may be in such form as the Valuer-General determines.

• (3)

  With respect to each parcel of ratable land, the Valuer-General shall cause to be recorded on the valuation roll for the rating authority in respect of that land correct particulars of:

  • (a)

    the name of the owner of the land and his last postal address of which the Valuer-General has knowledge;

  • (b)

    the nature of the title to, and a description of, the land;

  • (c)

    the unimproved capital value, the improved capital value or the annual value determined by, and as at the date of, the last valuation made under section 10 or 10A; and

  • (d)

    the value of prescribed improvements on or appertaining to land as determined by, and as at the date of, the last valuation made under this Act,

  and such other particulars, if any, as the Valuer-General determines.

• (4)

  The Valuer-General shall, as soon as practicable after the making of valuations in relation to ratable land under this Act, cause a copy of the valuation roll containing those valuations to be furnished to the rating authority in respect of that land.

• (5)

  The Valuer-General shall, as soon as practicable after the making of each valuation of ratable land under section 10(2) or 10A(4), cause a copy of the valuation to be furnished to the rating authority in respect of that land.

• (6)

  The Valuer-General shall, as soon as practicable after a variation of a valuation of ratable land under Part V, VA or VI, cause a copy of the variation to be furnished to the rating authority in respect of that land.

15AError in valuation roll

Where there is found to be an error or omission in a valuation roll, the Valuer-General shall:

• (a)

  give notice in writing to the owner of the land of the error or omission; and

• (b)

  correct the error or omission.

16Notice of valuations

• (1)

  The Valuer-General shall, as soon as practicable after he has made a valuation of the unimproved capital value, the improved capital value or the annual value of any land, or of the prescribed improvements on or appertaining to any land, or after a variation of such a valuation has been made by the Board or the Tribunal, cause notice of the valuation or variation to be given to the owner of the land.

• (2)

  A notice under this section shall be in writing in accordance with the prescribed form.

17Validity of valuation not affected by failure to give notice

The validity of a valuation is not affected by reason of a failure to give a notice of valuation in accordance with section 16.

17ACost of valuations

• (1)

  Where the Valuer-General causes a valuation to be made of land, the cost of making the valuation is a debt due and payable to the Territory by, where made under:

  • (a)

    section 11(1), the person, rating authority, public authority or local government council requiring the valuation; or

  • (b)

    sections 10 or 10A, the rating authority in respect of the land.

• (2)

  The Minister may, in respect of a valuation carried out under this Act, exempt a person, authority or body from the application of subsection (1) in respect of all or a part of the cost of the valuation.

Part VObjections to valuations 18Objection to valuations

Where a notice of valuation is given under section 16 to a person or rating authority, the person or rating authority may, within 30 days after the date of posting of the notice of valuation, send by post to, or lodge with, the Valuer-General at his office an objection to the valuation in writing in accordance with the prescribed form and specifying one or more of the prescribed grounds of objection.

19Prescribed grounds of objection

The prescribed grounds of objection to a valuation of the unimproved capital value, the improved capital value or the annual value of any land, or of the prescribed improvements on or appertaining to any land are:

• (a)

  that the values determined are too high or too low;

• (b)

  that the description of the land is not correctly stated;

• (c)

  that parcels of land that should be included in one valuation have been separately valued; or

• (d)

  that parcels of land that should be separately valued have been included in the one valuation.

20Decision of Valuer-General

• (1)

  The Valuer-General shall, as soon as practicable after receiving an objection, consider the objection and may disallow it, or allow it wholly or in part, and shall forthwith give to the objector notice in writing in accordance with the prescribed form of his decision on the objection.

• (2)

  A valuation is not affected by the lodging of an objection to the valuation.

20AObjection to decision of Valuer-General

• (1)

  Where a notice is given under section 20 to a person or rating authority, the person or rating authority may, within 30 days after the date of the posting of the notice, send or post to, or lodge with, the Chairperson an objection in writing to the decision of the Valuer-General.

• (2)

  An objection under subsection (1) must be accompanied by a fee of $20 or such other amount as is determined by the Minister and notified in the Gazette.

Part VAValuation Board of ReviewDivision 1Establishment of Valuation Board of Review Panel 20BEstablishment of Panel

• (1)

  There shall be a panel, to be known as the Valuation Board of Review Panel, consisting of not less than 9 persons appointed by the Minister.

• (2)

  A person shall not be appointed under subsection (1) to the Panel unless he is:

  • (a)

    a valuer;

  • (b)

    a member of the Real Estate Institute of Australia;

  • (c)

    a lawyer; or

  • (d)

    a person who holds qualifications which the Minister considers equivalent to those specified in paragraph (b).

• (3)

  Not less than 2 members of the Panel shall be lawyers.

20CAppointment of Chairperson and Deputy Chairperson of Panel

• (1)

  Subject to subsection (2), the Minister must appoint one member of the Panel to be Chairperson, and one member of the Panel to be Deputy Chairperson, of the Panel.

• (2)

  A person must not be appointed under subsection (1) unless the person is a member of a valuation body.

• (3)

  The Deputy Chairperson must perform the duties of the Chairperson during the absence, or inability to act, of the Chairperson.

20DTerm of appointment

A member of the Panel holds office for a term of 6 years from the date of his appointment and is eligible to be re-appointed on the expiration of that term.

20EResignation of members of Panel

A member of the Panel may resign his office by writing signed by him and delivered to the Minister.

20FDismissal of members of Panel

• (1)

  The Minister may terminate the appointment of a member of the Panel for inability, inefficiency, misbehaviour or physical or mental incapacity.

• (2)

  Where a member of the Panel:

  • (a)

    becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit; or

  • (b)

    is found guilty, whether in the Territory or elsewhere, of an offence punishable by imprisonment for 12 months or longer or of any offence which, in the opinion of the Minister, renders him unfit to be a member of the Panel,

  the Minister shall terminate the appointment of that member.

Division 2Establishment of Valuation Board of Review 20GEstablishment of Board

• (1)

  If an objection is received by the Chairperson under section 20A, the objection is to be considered by a Valuation Board of Review established under this section for the purposes of considering the objection.

• (2)

  The Chairperson must, as soon as practicable after receiving an objection under section 20A, select 3 members of the Panel, which selection may include the Chairperson, to be the members of the Board.

• (3)

  The Chairperson must:

  • (a)

    if the Chairperson is a member of the Board – preside at the sittings of the Board; or

  • (b)

    if the Chairperson is not a member of the Board – appoint a member of the Board who is a valuer to preside at the sittings of the Board.

  20HHearing of Board
• (1)

  A Board must, not later than 60 days after the date of the receipt of the objection by the Chairperson, or such further period as is agreed by the objector, consider the objection.

• (2)

  A Board, after considering an objection under subsection (1), may disallow or allow the objection wholly or in part, and must give to the objector notice in writing of its decision in respect of the objection.

• (3)

  For the purposes of this section, a Board has all the powers and functions of the Valuer-General in making valuations under this Act, and valuations of a Board and its decisions for the purposes of this Act (other than the purposes of objections to those valuations and review of those decisions) are taken to be valuations of the Valuer-General.

• (4)

  A decision of a Board under subsection (1) is binding on the parties to the objection unless it is varied or amended in accordance with a decision of the Tribunal under Part VI.

20JPractice and procedure

• (1)

  A Board, in carrying out its functions under this Act, is not bound:

  • (a)

    by the rule of evidence and may inform itself on any matter in such manner as it thinks fit; or

  • (b)

    to act in a formal manner and may act without regard to legal forms and technicalities.

• (2)

  The parties appearing before a Board may be represented by:

  • (a)

    a legal practitioner;

  • (b)

    a valuer; or

  • (c)

    a member of the Real Estate Institute of Australia.

• (3)

  A person referred to in subsection (2) appearing before a Board has the same protection and immunity as a legal practitioner has in appearing for a party in proceedings before the Supreme Court.

• (4)

  A Board in relation to a hearing before it shall not make an order as to costs between the parties.

20KPower of Board to summon witnesses

• (1)

  A Board may, for the purpose of deciding an objection under this Act:

  • (a)

    summon witnesses; and

  • (b)

    require the production of documents, books and papers.

• (2)

  A person who, when summoned under this section to give evidence or produce documents, books or papers, fails to attend before the Board at the time appointed in the summons, or to give evidence or produce documents, books or papers, is guilty of a regulatory offence.

  Maximum penalty:          0.8 penalty unit.

20MProtection of members of Board

No action or proceeding, civil or criminal, shall lie against a member of a Board for or in respect of an act or thing done or omitted to be done in good faith by:

• (a)

  him in his capacity as a member of the Board; or

• (b)

  the Board,

in the exercise or purported exercise of a power, or the performance or purported performance of a function, under this Act.

Part VIReview of valuations 21Land and Valuation Review Tribunal

• (1)

  There shall be a Tribunal, to be known as the Land and Valuation Review Tribunal.

• (2)

  Subject to subsection (3), the Tribunal shall consist of:

  • (a)

    a President, who shall be appointed by the Minister; and

  • (b)

    such other person or persons as the Minister appoints.

• (3)

  A person is not eligible for appointment as a member of the Tribunal unless he is a Judge of the Supreme Court.

• (4)

  The members of the Tribunal, other than the President, have seniority according to the dates of their appointments.

22Registries of Tribunal

• (1)

  There shall be a Registry of the Tribunal at Darwin in the Territory.

• (2)

  The Minister may authorize the establishment of additional Registries of the Tribunal at such places in the Territory as he determines.

23Officers of Tribunal

• (1)

  The Minister shall appoint a Registrar of the Tribunal and may appoint such other officers of the Tribunal as are necessary.

• (2)

  An officer of the Tribunal shall perform such functions and exercise such powers as are prescribed.

24Sittings of the Tribunal

• (1)

  Sittings of the Tribunal shall be held at such times and places in the Territory as the President of the Tribunal, being present in the Territory, determines.

• (2)

  The powers and functions of the Tribunal shall be exercised and performed by one member of the Tribunal.

• (3)

  The President of the Tribunal may, from time to time, make arrangements as to which member of the Tribunal is to exercise and perform the powers and functions of the Tribunal.

• (4)

  A member of the Tribunal may sit and exercise and perform the powers and functions of the Tribunal notwithstanding that another member of the Tribunal is at the same time sitting and exercising and performing those powers and functions.

• (5)

  A power conferred on the President of the Tribunal by subsection (1) or (3) may be exercised by the senior member of the Tribunal present in the Territory and able to exercise the power if there is a vacancy in the office of President of the Tribunal or if the President of the Tribunal is not present in the Territory or is unable to exercise the power.

25Application for review

• (1)

  An objector who is dissatisfied with the decision of a Board on his objection may, within 30 days after the date of posting of the notice of the decision, by writing, request the Board to refer the decision to the Tribunal for review.

• (2)

  Upon receipt of a request under subsection (1), the Board shall forthwith refer the decision to the Tribunal.

• (3)

  Upon such a reference, the objector is limited to the grounds stated in the objection.

• (4)

  If the valuation has been varied by the Board after considering the objection, the valuation as varied shall be the valuation to be dealt with on the reference.

26Review

• (1)

  The Tribunal has power to review such decisions of a Board as are referred to it under section 25.

• (2)

  For the purposes of reviewing decisions so referred to it, the Tribunal has all the powers and functions of the Valuer-General in making valuations under this Act, and valuations of the Tribunal, and its decisions, upon review, shall for the purposes of this Act (other than the purposes of objections to those valuations and reviews of those decisions) be deemed to be valuations and decisions of the Valuer-General.

• (3)

  Where a decision of a Board is so referred to the Tribunal:

  • (a)

    the owner of the land to which the reference relates;

  • (b)

    the Valuer-General; and

  • (c)

    if the land is ratable land – the rating authority in respect of the land,

  are parties to the reference.

27Procedure before Tribunal

At the hearing of a reference to the Tribunal:

• (a)

  the procedure of the Tribunal is, subject to this Act, within the discretion of the Tribunal;

• (b)

  the Tribunal is not bound to act in a formal manner and is not bound by any rules of evidence but may inform itself on any matter in such manner as it thinks fit; and

• (c)

  the Tribunal shall act without regard to technicalities and legal forms.

28Representation before Tribunal

At the hearing of a reference to the Tribunal, a party may be represented by a legal practitioner having the right to practise in the Supreme Court or by any other person authorized by the party in writing.

29Decisions of Tribunal

• (1)

  Upon a reference to the Tribunal, the Tribunal shall give a decision in writing.

• (2)

  Upon the request, made at the hearing by the Valuer-General or by the person at whose request the reference was made, the Tribunal shall, when giving its decision, state in writing its findings of fact and its reasons in law for the decision.

30Certificate as to costs

• (1)

  When the Tribunal gives its decision it shall, at the same time, certify the amount which, in its opinion, would be a reasonable amount to be paid by the Valuer-General or the objector, as the case may be, in respect of costs incurred by the reference to the Tribunal.

• (2)

  An amount so certified is recoverable as a debt, payable by the Territory or the objector, as the case may be, in any court of competent jurisdiction.

31Decision of Tribunal not to be challenged

A decision of the Tribunal shall not be challenged, appealed against, reviewed, quashed or called in question, or be subject to prohibition, mandamus, certiorari or injunction, in the Supreme Court on any account whatever.

Part VIIIMiscellaneous 40Certified copies of entries in valuation roll

• (1)

  On application in writing and on payment of the prescribed fee, the Valuer-General shall furnish to any person, in such form as the Valuer-General determines, a copy of an entry in a valuation roll certified by the Valuer-General to be a true copy of that entry.

• (2)

  In any proceedings, a document purporting to be such a certified copy of an entry in a valuation roll shall be received in evidence and, unless the contrary is shown, be deemed without further proof to be a true record of that entry.

40AKeeping and public inspection of valuation rolls

A rating authority shall keep a copy of the latest valuation roll furnished to it under this Act at its offices, and the Valuer-General shall keep a copy of the latest valuation roll at his office, available for inspection by the public without charge during the hours during which those offices are, or his office is, as the case requires, open for business.

41Valuer-General to have access to buildings, documents, &c.

• (1)

  The Valuer-General, or any person authorized in writing by him, is entitled, either alone or with such other persons to assist him as he considers necessary, at all reasonable times during the day, to full and free access to all lands, buildings, places, books and papers for the purposes of this Act and, for those purposes, may make copies of, or take extracts from, any such books or papers.

• (2)

  A person shall not hinder or obstruct the Valuer-General or any other person in the exercise of his powers under subsection (1).

  Maximum penalty:          1.5 penalty units.

42Powers of Valuer-General

• (1)

  The Valuer-General, or a person authorized in writing by him, may, by notice in writing, require any person in the Territory to answer any question put to him by the Valuer-General or authorized person or to furnish to the Valuer-General or authorized person such information in the possession or under the control of the person, or to which the person has access, as the Valuer-General or authorized person requires for the purposes of this Act.

• (2)

  A person shall not, without lawful excuse (proof of which lies upon him), fail to answer a question put to him by the Valuer-General or an authorized person, or to furnish any information required by the Valuer-General or an authorized person, in pursuance of subsection (1).

  Maximum penalty:          1.5 penalty units.

• (3)

  The Valuer-General may, for the purposes of this section, serve on the owner of any land such forms as may be prescribed to be completed and returned to the Valuer-General within such time as the Valuer-General determines and specifies on the forms.

• (4)

  The Valuer-General may, if he thinks fit, require a person by whom a form is completed and returned under subsection (3) to verify the contents by statutory declaration.

• (5)

  A person shall not fail to complete and return a form served on him under subsection (3) or return a form containing information that is false or misleading in a material particular or fail to comply with a requirement made under subsection (4).

  Maximum penalty:          1.5 penalty units.

43Notice of change of ownership

• (1)

  Subject to subsection (4), where a person becomes, or ceases to be, the owner of any land, he shall, within 30 days, cause notice of that fact, in accordance with the prescribed form, to be given to the Valuer-General.

  Maximum penalty:          $40.

• (2)

  Subject to subsection (4), where a person subdivides any land, he shall forthwith cause notice of the subdivision to be given to the Valuer-General, in accordance with the prescribed form, together with a plan of the subdivision.

  Maximum penalty:          $40.

• (3)

  An offence of contravening or failing to comply with this section is a regulatory offence.

• (4)

  Subsections (1) and (2) do not apply where the Registrar-General has entered into an agreement under section 205 of the Land Title Act 2000 to provide the information required by or under those subsections to be given.

44Service of notices, &c.

A notice or requirement to be given or made under this Act by the Valuer-General may be given to a person:

• (a)

  by sending it by post addressed to the person at the place of residence or business of the person last known to the Valuer-General; or

• (b)

  if the Valuer-General does not know a place of residence or business to which a notice or requirement may be so sent – by publishing it in the Gazette.

45Change of ownership of land not to affect pending objections or references

A change in the ownership of any land the unimproved capital value, the improved capital value or the annual value of which has been determined by the Valuer-General does not affect:

• (a)

  the validity of any notice of the valuation given before the change to the former owner or any objection or request for a reference to the Board or Tribunal made before the change by the former owner; or

• (b)

  the power or duty of the Valuer-General to make a reference as a result of such a request or of the Board or Tribunal to review the valuation,

and the new owner shall, for the purposes of this Act, be treated as if he had, at all times, been the owner of the land and any act or thing done by, or any notice given to, the former owner shall be deemed for those purposes to have been done by, or given to, the new owner.

47Regulations

The Administrator may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Valuation of Land Ordinance 1963 (Act No. 69, 1963)
Assent date	16 September 1963
Commenced	10 February 1964 (Gaz No. 7A, 6 February 1964, p 31A)
Valuation of Land Ordinance 1965 (Act No. 22, 1965)
Assent date	16 August 1965
Commenced	10 February 1964 (s 2, s 2 Valuation of Land Ordinance 1963 (Act No. 69, 1963) and Gaz No. 7A, 6 February 1964, p 31A)
Valuation of Land Ordinance 1968 (Act No. 27, 1968)
Assent date	18 June 1968
Commenced	18 June 1968
Valuation of Land Ordinance (No. 2)1968 (Act No. 70, 1968)
Assent date	7 October 1968
Commenced	7 October 1968
Valuation of Land Ordinance 1969 (Act No. 58, 1969)
Assent date	10 December 1969
Commenced	10 December 1969
Valuation of Land Ordinance 1973 (Act No. 55, 1973)
Assent date	13 September 1973
Commenced	1 October 1973 (Gaz No. 39, 27 September 1973, p 330)
Ordinances RevisionOrdinance 1973 (Act No. 87, 1973)
Assent date	11 December 1973
Commenced	11 December 1973 (s 12(2))
Amending Legislation
Ordinances Revision Ordinance 1974 (Act No. 34, 1974)
Assent date		26 August 1974
Commenced		11 December 1973 (s 3(2))
Ordinances Revision Ordinance (No. 2) 1974 (Act No. 69, 1974)
Assent date		24 October 1974
Commenced		11 December 1973 (s 3)
Ordinances Revision Ordinance 1976 (Act No. 27, 1976)
Assent date		28 June 1976
Commenced		ss 1, 2 and 6: 28 June 1976 (s 6(2)); ss 3 and 4: 11 December 1973; s 5: 24 October 1974
Transfer of Powers (Self-Government) Ordinance 1978 (Act No. 54, 1978)
Assent date	1 July 1978
Commenced	1 July 1978 (s 8)
Statute Law Revision Act 1978 (Act No. 95, 1978)
Assent date	5 September 1978
Commenced	5 September 1978
Statute Law Revision Act 1983 (Act No. 58, 1983)
Assent date	28 November 1983
Commenced	28 November 1983
Criminal Law (Regulatory Offences) Act 1983 (Act No. 68, 1983)
Assent date	28 November 1983
Commenced	1 January 1984 (s 2, s 2 Criminal Code Act 1983 (Act No. 47, 1983), Gaz G46, 18 November 1983, p 11 and Gaz G8, 26 February 1986, p 5)
Valuation ofLand Amendment Act 1987 (Act No. 15, 1987)
Assent date	25 June 1987
Commenced	28 July 1987 (Gaz G30, 28 July 1987, p 5)
Valuation of Land Amendment Act 1991 (Act No. 56, 1991)
Assent date	26 September 1991
Commenced	1 November 1991 (s 2, s 2 Heritage Conservation Act 1991 (Act No. 39, 1991) and Gaz S58, 1 November 1991)
Valuation of Land Amendment Act (No. 2) 1991 (Act No. 57, 1991)
Assent date	26 September 1991
Commenced	26 September 1991
Valuation of LandAmendment Act 1994 (Act No. 82, 1994)
Assent date	30 December 1994
Commenced	30 December 1994
Sentencing (ConsequentialAmendments)Act 1996 (Act No. 17, 1996)
Assent date	19 April 1996
Commenced	1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996)
Residential Tenancies (Consequential Amendments) Act 1999 (Act No. 46, 1999)
Assent date	10 November 1999
Commenced	1 March 2000 (s 2, s 2 Residential Tenancies Act 1999 (Act No. 45, 1999) and Gaz G8, 1 March 2000, p 2)
Land Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)
Assent date	12 September 2000
Commenced	1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2, 2000) and Gaz G38, 27 September 2000, p 2)
Legal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)
Assent date	17 May 2007
Commenced	s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3); rem: 17 May 2007
Heritage Act 2011 (Act No. 34, 2011)
Assent date	15 November 2011
Commenced	1 October 2012 (Gaz S43, 31 July 2012)
Penalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)
Assent date	12 July 2013
Commenced	28 August 2013 (Gaz G35, 28 August 2013, p 2)
Local Government Amendment Act 2014 (Act No. 19, 2014)
Assent date	2 June 2014
Commenced	s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014 (s 2)
Liquor Act 2019 (Act No. 29, 2019)
Assent date	3 September 2019
Commenced	1 October 2019 (Gaz G39, 25 September 2019, p 2)
Statute Law Revision Act 2023 (Act No. 4, 2023)
Assent date	2 March 2023
Commenced	3 March 2023 (s 2)

• 3

  SAVINGS AND TRANSITIONAL PROVISIONS

s 10(5) Valuation of Land Ordinance 1973 (Act No. 55, 1973)

• 4

  GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Ordinances Revision Ordinance 1973 (Act No. 87, 1973) (as amended) to the following provisions:   ss 4, 9, 10, 12 – 14, 17, 18, 21, 24 – 26, 41 – 43.

• 5

  GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 8A, 8D, 9, 10C and 43.

• 6

  LIST OF AMENDMENTS

lt                       amd No. 58, 1983, s 4

ss 1 – 2              amd No. 58, 1983, s 4

s 3                     amd No. 22, 1965, s 3; No. 55, 1973, s 4

rep No. 58, 1983, s 4

s 4                     amd No. 27, 1968, s 2; No. 70, 1968, s 2; No. 55, 1973, s 5; No. 54, 1978, s 4; No. 58, 1983, s 4; No. 15, 1987, s 4; No. 19, 2014, s 26; No. 4, 2023, s 15

s 5                     amd No. 58, 1969, s 2; No. 55, 1973, s 6; No. 54, 1978, s 4; No. 58, 1983, s 4

s 6                     rep No. 58, 1969, s 3

ins No. 55, 1973, s 7

s 7                     rep No. 58, 1969, s 3

ins No. 55, 1973, s 7

amd No. 58, 1983, s 4

s 7A                   ins No. 4, 2023, s 16

pt III hdg            rep No. 55, 1973, s 8

s 8                     rep No. 55, 1973, s 8

ins No. 15, 1987, s 5

s 8A                   ins No. 15, 1987, s 5

amd No. 46, 1999, s 9

ss 8B – 8C         ins No. 15, 1987, s 5

s 8D                  ins No. 15, 1987, s 5

amd No. 46, 1999, s 9

s 9                     amd No. 55, 1973, s 9; No. 58, 1983, s 4; No. 15, 1987, s 6; No. 29, 2019, s 427

s 10                   amd No. 55, 1973, s 10; No. 87, 1973, s 12

s 10A                 ins No. 15, 1987, s 7

amd No. 82, 1994, s 3

s 10B                 ins No. 15, 1987, s 7

s 10C                 ins No. 56, 1991, s 3

amd No. 82, 1994, s 4; No. 34, 2011, s 170; No. 23, 2013, s 12

s 11                   amd No. 54, 1978, s 4; No. 58, 1983, s 4; No. 15, 1987, s 8; No. 19, 2014, s 26

s 12                   amd No. 55, 1973, s 11

s 13                   amd No. 22, 1965, s 4; No. 55, 1973, s 12; No. 15, 1987, s 9

s 14                   amd No. 55, 1973, s 13

s 14A                 ins No. 70, 1968, s 3

amd No. 55, 1973, s 14

s 15                   amd No. 55, 1973, s 15; No. 87, 1973, s 12; No. 58, 1983, s 4; No. 15, 1987, s 10

s 15A                 ins No. 15, 1987, s 11

s 16                   amd No. 55, 1973, s 16; No. 15, 1987, s 12

s 17A                 ins No. 15, 1987, s 13

amd No. 19, 2014, s 26

s 18                   amd No. 55, 1973, s 17; No. 15, 1987, s 14

s 19                   amd No. 55, 1973, s 18; No. 15, 1987, s 15

s 20                   amd No. 55, 1973, s 19

s 20A                 ins No. 15, 1987, s 16

amd No. 4, 2023, s 17

pt VA hdg          ins No. 15, 1987, s 16

pt VA

div 1 hdg           ins No. 15, 1987, s 16

s 20B                 ins No. 15, 1987, s 16; No. 7, 2007, s 16

s 20C                 ins No. 15, 1987, s 16

amd No. 4, 2023, s 18

ss 20D – 20E     ins No. 15, 1987, s 16

s 20F                 ins No. 15, 1987, s 16

amd No. 17, 1996, s 6

pt VA

div 2 hdg           ins No. 15, 1987, s 16

s 20G                 ins No. 15, 1987, s 16

amd No. 4, 2023, s 19

s 20H                 ins No. 15, 1987, s 16

amd No. 4, 2023, s 20

s 20J                 ins No. 15, 1987, s 16

s 20K                 ins No. 15, 1987, s 16

amd No. 23, 2013, s 12

ss 20L – 20M     ins No. 15, 1987, s 16

s 21                   amd No. 70, 1968, s 4

ss 22 – 23          amd No. 54, 1978, s 4

s 24                   amd No. 70, 1968, s 5

s 25                   amd No. 55, 1973, s 20; No. 15, 1987, s 17

s 26                   amd No. 58, 1983, s 4; No. 15, 1987, s 18

s 27                   amd No. 58, 1983, s 4

s 28                   amd No. 7, 2007, s 16

s 30                   amd No. 15, 1987, s 19

s 31                   amd No. 22, 1965, s 5

pt VII hdg           rep No. 55, 1973, s 21

ss 32 – 39          rep No. 55, 1973, s 21

s 40A                 ins No. 55, 1973, s 22

amd No. 58, 1983, s 4; No. 15, 1987, s 20

s 41                   amd No. 27, 1968, s 3; No. 58, 1983, s 4; No. 23, 2013, s 12

s 42                   amd No. 27, 1968, s 3; No. 58, 1983, s 4; No. 15, 1987, s 21; No. 23, 2013, s 12

s 43                   amd No. 27, 1968, s 3; No. 55, 1973, s 23; No. 87, 1973, s 12; No. 58, 1983, s 4; No. 68, 1983, s 124; No. 57, 1991, s 2; No. 45, 2000, s 11; No. 23, 2013, s 12

s 44                   amd No. 58, 1983, s 4

s 45                   amd No. 58, 1983, s 4; No. 15, 1987, s 22

s 46                   rep No. 58, 1983, s 4

s 47                   amd No. 95, 1978, s 14; No. 58, 1983, s 4