Valuation of Land Act Amendment Act 1977 (Qld)

Qlwuzlmt^ 273 ANNO VICESIMO SEXTO ELIZABETHAE SECUNDAE REGINAE No. 29 of 1977 An Act to amend the Valuationof Land Act 1944-1975 in certain particulars and for other purposes [ASSENTED TO 21ST APRIL, 1977j 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 citation . (1) This Act may be cited as the Valuation of Land Act Amendment Act 1977. (2) The Valuation of Land Act 1944-1975 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Valuation of Land Act1944-1977. 2. Amendment of s. 9 . Section 9 of the Principal Act is amended by, in subsection (1), omitting the words " or district valuer, any of his powers, duties and responsibilities under this Act." and substituting the words " , district valuer or any other valuer or other officer appointed in accordance with section 7 any of his powers, duties and responsibilities under this Act (other than this power of delegation).". 3. Amendment of s. 11. Section 11 of the Principal Act is amended by, in subsection (1) (vii)-- (a) inserting after the words " for that the land " the words has been subdivided by survey or "; (b) inserting after the words " whether or not " the words " , in the case of potential use as aforesaid,";

274 Valuation of Land Act Amendment Act 1977, No. 29 (c) omitting the expression "; and " occurring at the end of the meaning of the term " a single dwelling-house " and substituting the words- or a dwelling occupied by the resident owner- (a) part of which stands converted for use as a flat; or (b) a furnished room of which is used or for use, for habitation and renting by a person or persons other than the owner's family; and ". 4. Amendment of s. 20 . Section 20 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:- " (3) Notice to objector . The Valuer-General shall give the objector written notice of his decision on the objection as soon as practicable after such decision is made and, without prejudice to the foregoing, such notice- (a) in the case of a valuation of all lands in an Area, shall be given not later than 12 months after the date shown in the notice of valuation given under section 19 as the date on and after which the valuation shall have force and effect without reference to any postponement of such date pursuant to the provisions of paragraphs (iv) and (v) of subsection (2) of section i i ; (b) in every other case, shall be given not later than 6 months after the date of issue stated in the notice of valuation given under section 19 in respect of the valuation in question.". 5. Validation of certain delegations made . Any delegation made by the Valuer-General with the approval of the Minister prior to the commencement of this Act which purports to have been made under the authority of section 9 of the Principal Act, notwithstanding any defect in, or the absence of any authority for, the making thereof, and which would be authorized by section 9 of the Principal Act as amended by this Act had it been made after such commencement, shall be deemed to have been authorized by section 9 of the Principal Act. 6. Retrospective effect of certain amendments . (1) In addition to the provisions of section 3 of this Act applying to amend section 11 (1) (vii) of the Principal Act on and from the commencement of this Act, those provisions apply to amend the said section 11 (1) (vii) in the circumstances and for the purposes hereinafter in this section provided, and in that respect apply retrospectively accordingly. (2) Where a valuation has been made by the Valuer-General under the Principal Act and- (a) it has come into force on 30 June 1976 or on any day thereafter up to the commencement of this Act; or (b) it comes or is to come into force after such commencement, and the owner of the land the subject of the valuation desires that a review of the valuation be made by the Valuer-General having regard to the amendments made to section 11 (1) (vii) of the Principal Act by this Act, he may apply in writing to the Valuer-General for such review on or before 31 May 1977 setting out the grounds upon which his application is based.

Valuation of Land Act Amendment Act 1977, No. 29 275 (3) The Valuer-General shall with all reasonable despatch consider the application, and may determine either that the valuation remain unchanged or that it be reduced to an amount considered by him to be appropriate in the circumstances. (4) Neither an objection nor an appeal under Part VI of the Principal Act lies against a determination by the Valuer-General under subsection (3). (5) A valuation that is reduced by the Valuer-General pursuant to this section shall come into force on and from 30 June 1977 or on and from such later day as the valuation of the land in question comes or is to come into force in accordance with the provisions of the Principal Act. (6) The Valuer-General shall not make his determination with respect to an application under this section in any case where the owner has instituted an appeal under section 21 of the Principal Act or may still do so (having regard to the provisions of that section relating to time for institution of an appeal) until the appeal has been determined or the Valuer-General is satisfied that an appeal has not been instituted, as the case may be, but, subject thereto, the provisions of this section apply to the application and the determination thereon by the Valuer-General. (7) The determination by the Valuer-General on an application shall be communicated in writing to the applicant.