Valuation of Land Act Amendment Act 1975 (Qld)

urensfanbr ANNO VICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 36 of 1975 An Act to amend the Valuationof Land Act 1944-1974 in certain particulars [ASSENTED TO 17TH SEPTEMBER, 1975] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same , as follows:- 1. Short title and citatioe . (1) This Act may be cited as the Valuation of Land Act Amendment Act 1975. (2) The Valuation of LandAct. 1944-1974 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Valuationof Land Act1944-1975.

Valuation of Lund Act Amendment Act 1975, No. 36 441 2. Amendment of s. 11. (1) Section 11 of the Principal Act is amended by, in paragraph (i) of subsection (2), omitting all words commencing with the words " publication in the Gazette " and concluding with the words " in the Area concerned." and substituting the words " issue, pursuant to section 19, of the notices of valuation in respect of the valuation of all lands in the Area concerned.". (2) Paragraph (i) of subsection (2) of section 11 of the Principal Act, as amended by subsection (1) of this section, applies to any valuation made by the Valuer-General of all lands in an Area in respect of which a Proclamation has been made pursuant to paragraph (ii) of the said subsection (2) prior to the commencement of this Act as well as to any valuation so made in respect of which a Proclamation is made after the commencement of this Act. 3. Amendmen t of s. 13. Section 13 of the Principal Act is amended by, in subsection ( IB), inserting after the words " request of a Local Authority " the words " or of the Valuer-General ". 4. Amendment of s. 21. Section 21 of the Principal Act is amended by- (a) in subsection (2), omitting the word " Such " and substituting the words " Except as hereinafter in this section provided, such "; (b) in subsection (3), omitting the fourth paragraph, being the paragraph commencing with the words " The appellant ", and substituting the following paragraph:- " The appellant shall serve a copy of the notice of appeal on the Valuer-General not later than 7 days after the notice is filed in the Land Court registry."; (c) inserting after subsection (3) the following subsections:- " (3A) (a) Where a notice of appeal is filed in the Land Court registry but not within the time prescribed by subsection (2), the registrar of the Court shall notify the owner that, as the notice of appeal was not filed in the Land Court registry within the time prescribed by subsection (2), the appeal does not lie unless he- (i) proves to the satisfaction of the Court that the failure to institute the appeal within the time so prescribed was caused by undue delay in the transmission of mail in the ordinary course of post; and (ii) notifies the registrar within 21 days of the date of the notification of the registrar to him of his intention to endeavour to so satisfy the Court as aforesaid. (b) If the owner- (i) notifies the registrar within the time prescribed and otherwise in accordance with the provisions of paragraph (a) (ii); and (ii) proves to the satisfaction of the Land Court that the failure to institute the appeal within the time prescribed by subsection (2) was caused by undue delay in the transmission of mail in the ordinary course of post, the appeal shall lie, subject to this section, notwithstanding that it was not instituted within the time prescribed by subsection (2), but otherwise the appeal shall not lie.

442 Valuation of Land Act Amendment Act 1975. No. 36 (c) The registrar shall furnish to the Valuer-General a copy of a notification by him to the owner and of any notification to him by the owner under this subsection. (3s) (a) Where it appears to the registrar of the Land Court that a notice of appeal filed in the registry does not comply in all respects with the requirements of subsection (3) or is otherwise defective in a material particular, he shall issue or cause to be issued to the appellant a requisition specifying,the non-compliance or defect and requiring him to comply in all respects with the requirements of subsection (3) or remedy the defect, as the case may be, by filing in the registry within 21 days of the date of the requisition an answer to it so that the requirements of subsection (3) are satisfied or the defect is remedied, as the case may be. (b) Upon an appellant complying with the requirements of the requisition to the satisfaction of the registrar within the prescribed time of 21 days as aforesaid, the answer to the requisition' shall be read as one with the notice of appeal and the material constituting the answer shall for all purposes be taken to have been supplied with and to have formed part of the notice of appeal on the day such notice was filed in the Land Court registry. (c) If the appellant does not fully comply with the requirements of the requisition to the satisfaction of the registrar within the prescribed time, the Land Court shall not proceed to hear and determine the appeal unless it is-satisfied that the notice of appeal as first filed complied in all respects with the requirements of subsection (3) and was not defective in any material particular or that, where in its opinion a requisition was properly issued, the requirements of the requisition have been complied with to the extent that , taking such compliance into consideration in conjunction with the notice of appeal as first filed, the requirements of subsection ( 3) have been complied with and there is no defect in any material particular. (d) The registrar shall furnish to the Valuer-General a copy of a requisition to an appellant and of any answer thereto by the appellant. (e) In any case where- (i) a notice of appeal is filed in the Land Court registry but not within the time prescribed by subsection (2); and (ii) it appears to the registrar of the Land Court that the notice so filed does not comply in all respects with the requirements of subsection (3) or is otherwise defective in a material particular, the notification of the registrar to the owner pursuant to subsection (3A) and the requisition to him pursuant to this subsection shall be issued together. (f) This subsection applies subject to the provisions of this section relating to the circumstances in which an appeal does not lie.

Valuation of Land Act Amendment Act 1975, No. 36 443 (3c) (a) Where on the hearing of an appeal it appears to the Land Court that a notice of appeal does not comply in all respects with the requirements of subsection ( 3) or is otherwise defective in a material particular, the Court shall require the appellant to furnish it within 7 days with particulars the absence of which constitute the failure to comply with the requirements of subsection ( 3) or the defect in a material particular. (b) If the appellant there and then satisfies the requirements of the Land Court or so satisfies them within the prescribed period of 7 days, the Court shall make such order as to an adjournment or the continuation of the hearing of the appeal as it thinks fit having regard to the circumstances. (c) If the appellant fails to satisfy the requirements of the Land Court under this subsection within the prescribed period of 7 days , the Court shall strike out the appeal. (d) Paragraph ( a) is applicable in any case- (i) where the registrar has not issued to the appellant a requisition pursuant to subsection ( 3B) or , though he issued such a requisition, it was incorrect or incomplete; (ii) notwithstanding that the registrar , pursuant to subsection (3B), issued or caused to be issued to the appellant a requisition that was complied with to the satisfaction of the registrar within the prescribed time of 21 days. (3D) If the appellant , pursuant to subsection (3), does not serve a copy of the notice of appeal on the Valuer-General not later than 7 days after the notice is filed in the Land Court registry, the Land Court shall strike out the appeal: Provided, however, that the Court may proceed to hear and determine the appeal where the appellant shows to the satisfaction of the Court that- (a) his failure to serve the copy of the notice of appeal on the Valuer-General not later than 7 days after the notice is filed in the Land Court registry was due to extraordinary or unusual circumstances as a result of which he should not be precluded from having his appeal heard and determined; and (b) having regard to such circumstances , he served the copy as soon as it was practicable to do so. (3E) Where the copy of the notice of appeal served in accordance with subsection ( 3) on the Valuer - General is defective in that , in respect of the matters required by subsection (3) to be stated, it is not a true copy of the notice filed in the Land Court registry, or where the copy of the notice of appeal is defective in some other material particular, the Land Court may proceed to hear and determine the appeal if it is satisfied that the Valuer-General is not disadvantaged by the defective nature of the copy served on him, and, in relation thereto, the Court may make such order as to an adjournment of the hearing of the appeal as it thinks fit to ensure the Valuer - General is not so disadvantaged.

444 Valuation of Land Act Amendment Act 1975,' No. 36 (3F) The Land Court may make such order as to costs in favour of the Valuer-General as it thinks fit in respect of any adjournment of the hearing of an appeal under this section occasioned by the appellant filing a notice of appeal not complying in all respects with the requirements of subsection (3) or defective in a material particular or occasioned by the service on the Valuer- General of a copy of a notice of appeal that is not a true copy of the notice filed in the Land Court registry or that is defective in some other material particular."; (d) in subsection (6), omitting the second paragraph, being the paragraph commencing with the words " If desirous "; (e) in subsection (8), omitting the words " III., IV., and V. of Part II. of " The Land Acts, 1910 to 1959," " and substituting the words " V, VI and VII of Part 11 of the Land Act 1962-1975 ". 5. Amendment of s. 46. Section 46 of the Principal Act is amended by inserting after subsection (7) the following subsection:- " (8) The date shown in a notice of valuation or notice of decision upon objection as the date of issue thereof shall be taken to be the date that such notice was issued by the Valuer- General until the contrary is proved.".