Valuation of Land Act Amendment Act 1984 (Qld)

455 O uee gilaub ANNO TRICESIMO TERTIO EIZA E AE SECUND AE R EGI NAE No. 43 of 1984 Act to amend the Valuationof Land Act1944-1980 in certain particulars [ASSENTED TO 9TH MAY, 1984]

456 Valuation of Land Act Amendment Act 1984, No. 43 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 1984. (2) In this Act the Valuation of Land Act1944-1980 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Valuation of Land Act1944-1984. 2. Amendment of s. 5. Section 5 of the Principal Act is amended by- (a) in subsection (1)- (i) inserting after the definition " Local Authority " the following definition:- " " Mining tenement "-means land- (a) that is comprised in a dredging claim held under or within the meaning of The Mining Acts, 1898 to 1967 continued in force by the Mining Act1968-1982; (b) that is a mining tenement (other than a mining claim) or area (other than a prospecting area) under or within the meaning of the Mining Act1968-1982 or The Mining Acts, 1898 to 1967 continued in force by the Mining Act1968-1982; (c) that is a mining tenement under or within the meaning of the CoalMining Act1925-1969 continued in force by the Mining Act1968-1982;"; (ii) in the definition " Owner " omitting provision (c) and substituting the following provision:- (c) the holder or the lawful occupier of- (i) a mining tenement; (ii) a residence area under or within the meaning of the CoalMining Act1925-1969;"; (iii) omitting the definition " Valuer " and substituting the following definition:- " VVaalluueerr "-A valuer registered under the Valuers Registration Act 1965-1979 and appointed under this Act."; (b) inserting after subsection (1) the following subsection:- " (lA) A reference in this Act to the Registrar of the Land Court shall be taken to include a reference to any deputy registrar of such court.". 3. Amendment of s. 9. Power of delegation . Section 9 of the Principal Act is amended by in subsection (1) omitting the words " or any chief valuer, officer in charge (valuations), senior valuer, district valuer or any other valuer " and substituting the words " or any valuer ".

Valuation of Land Act Amendment Act 1984, No. 43 457 4. Amendment of s. 11. Section 11 of the Principal Act is amended by in subsection (I)- (a) in provision (ii) (b) omitting the words " a license, assignment to a sugar mill, or other right or privilege " and substituting the words "Lan assignment to a sugar mill "; (b) inserting after provision (v) the following provision:- " (va) In making, pursuant to this subsection, the valuation of the unimproved value of any land contained in a special lease issued under the Land Act 1962-1982 which land is reserved and set apart under that Act as a camping place and watering place the unimproved value of that land shall be determined having regard to and making proper allowance for any restriction or limitation to which such lease is subject."; (c) in provision (vii), omitting the definition " a single dwelling- house " and substituting the following definition:- 44 " a single dwelling-house " means- (a) a dwelling used solely for habitation by not more than one family; (b) a dwelling occupied by the resident owner and used solely for habitation- (i) part of which stands converted for use as a flat; or (ii) part of which is used or for use as a furnished room or furnished rooms, by a person or persons other than the owner's family; or (c) a building used solely for habitation and that consists of 2 flats, one of which is occupied by the resident owner;". 5. New ss. 11A and 11B. The Principal Act is amended by inserting after section 11 the following sections:- " 11A. Valuer -General not required to value separately certain mining tenements . Notwithstanding section 24 (8) of the Local Government Act 1936-1983 and section 11 (1) (i) of this Act the Valuer-General is not required to value separately land that is a mining tenement by reason only of its being subject to an application for a mining lease made under the Mining Act1968-1982 unless the applicant therefor is authorized to enter upon that land for mining purposes pursuant to an approval or authorization granted under section 23 or 112A of the Mining Act1968-1982. " 11B. Valuer- General may value stratum. (1) Subject to any other Act the Valuer-General may make a valuation of the unimproved value of any stratum in accordance with this section. (2) The unimproved value of a stratum is the capital sum which the fee-simple of the stratum might be expected to realise if offered for sale on such reasonable terms and conditions as a bona fide seller would require assuming- (a) that the improvements, if any, within the stratum and made or acquired by the owner or his predecessor in title had not been made: Provided that where

458 Valuation of Land Act Amendment Act 1984, No. 43 the stratum is wholly or partly in an excavation it shall be assumed that the excavation of the stratum had been made; (b) that 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) that 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. (3) Notwithstanding anything in subsection (2), in determining the unimproved value of a stratum 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 any other purpose for which the stratum may be used on the assumptions set forth in subsection (2). (4) This section does not apply to any stratum that is a mining tenement. (5) In this section- " 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 rateable or taxable under any Act.". 6. Amendment of s. 12 . Unimproved value. Section 12 of the Principal Act is amended by in subsection (2) in the proviso to provision (c) inserting after the word " Crown " (first occurring) the words ", whether in right of a State or in right of the Commonwealth,". 7. Amendment of s. 13. Valuations at periodic intervals . Section 13 of the Principal Act is amended by- (a) in subsection (1B)- (i) omitting the words " at the request of a Local Authority or of the Valuer-General ";

Valuation of Land Act Amendment Act 1984, No. 43 459 (ii) omitting the words " the Area of that Local Authority " and substituting the words " an Area "; (b) in subsection (2)- (i) omitting the word " giving " (where it appears in the passage preceding provision (a)) and substituting the word " issuing "; (ii) in provision (k), omitting the first paragraph and substituting the following paragraph:- Unless- (i) in the case of 2 or more parcels of adjoining land, those parcels become the subject of a common ownership during any such period, no part thereof being leased or let or all the parcels being leased or let to one person; or (ii) in the case of 2 or more parcels of land, those parcels could, if a valuation of all lands in the Area was then taking place, be included pursuant to section 14 in one valuation, and the Valuer-General is of the opinion that, by reason of the foregoing and having regard to such other factors as he considers relevant, the several parcels of land should be included in one valuation.". 8. Amendment of s. 14. Lands to be included in one valuation. Section 14 of the Principal Act is amended by omitting all words from and including the word " Unless " to and including the words " one person:" and substituting the following words:- " Unless the Valuer-General otherwise directs, there shall be included in one valuation (a) several parcels of land which adjoin, and are owned by the same person, and where either no part is leased or all the parcels are let to one person; (b) several parcels of land in the same Area which do not adjoin but are worked as one holding and used exclusively for the purposes of a single business of primary production, and are owned by the same person and which, if let, are all let to one person:". 9. Amendment of s. 15. Separate valuation . Section 15 of the Principal Act is amended by in subsection (1) omitting provision (c) and substituting the following provision:- (c) Where land in respect of which one valuation would otherwise be made under this Act- (i) is situated partly in one Area and partly in another; (ii) is situated wholly in one Area but partly in one division and partly in another and the amount of the general rate made and levied in respect of the rateable land in each such division is not the same; or

460 Valuation of Land Act Amendment Act 1984, No. 43 (iii) is rateable as to part only, the parts that are in such separate Areas or divisions, or the part that is rateable, shall be separately valued.". 10. Amendment of s. 19. Notice of valuation . Section 19 of the Principal Act is amended by- (a) in subsection (1), omitting the word " given " and substituting the word " issued "; (b) in subsection (2), omitting the word " given " and substituting the word issued ". 11. Amendment of s. 19A. Right of new owner to carry on objection or appeal . Section 19A of the Principal Act is amended by- (a) in subsection (1), omitting the word " giving " and substituting the word " issuing "; (b) in subsection (3) (a)- (i) omitting the word " given " (where first occurring) and substituting the words " issued with "; (ii) omitting the word " given " (where secondly and thirdly occurring) and substituting in each case the word " issued ". 12. Amendment of s. 20 . Section 20 of the Principal Act is amended by- (a) in subsection (3)- (i) omitting the word " give " and substituting the words " issue to "; (ii) omitting the word " given " (where 4 times occurring) and substituting in each case the word " issued "; (b) inserting after subsection (3) the following subsections- " (4) Notwithstanding the foregoing provisions of this section, where- (a) pursuant to subsection (1), an owner has objected against a valuation made in the course of making a valuation of all lands in an Area; (b) the valuation of all lands in the Area has not come into force; and (c) before the Valuer-General has issued to the owner written notice of his decision on the objection the valuation of the land to which the objection relates is altered under section 13 (2) and a notice of valuation is issued in accordance with this Act, the objection shall have no further effect and the Valuer-General is not required to consider or further consider, as the case may be, the objection. (5) Where an objection has ceased to have effect pursuant to subsection (4) the Valuer-General shall notify the objector in writing accordingly.".

Valuation of Land Act Amendment Act 1984, No. 43 461 13. Amendment of s. 21. Appeal against decision upon objection of the Valuer - General . Section 21 of the Principal Act is amended by omitting subsection (3D) and substituting the following subsection:- " (3D) A failure by the appellant to serve a copy of the notice of appeal on the Valuer-General pursuant to subsection (3) shall not affect the jurisdiction of the Land Court to hear and determine the appeal but in respect of any adjournment occasioned by that failure the Land Court may make such order as to costs in favour of the Valuer-General as it thinks fit.". 14. Amendment of s. 28. Section 28 of the Principal Act is amended by inserting after subsection (3) the following subsection:- " (4) Upon the payment of such fee as the Valuer-General may determine the Valuer-General may supply to any person statistics that relate to the value of land.". 15. Amendment of s. 47. Regulations . Section 47 of the Principal Act is amended by in subsection (4) omitting the second paragraph and substituting the following paragraph:- " All such regulations and Orders in Council shall be laid before Parliament within 14 sitting days after the publication thereof.".