Valuation of Land Act Amendment Act 1987 (Qld)

384 (ueeneh rn? ANNO TRICESIMO SEXTO ELIZAB ETHAE SECUND AE R EGINAE An Act to amend the Valuation of Land Act 1944-1985 in certain particulars [ASSENTED TO 23RD APRIL, 1987]

Valuation of Land Act Amendment Act 1987, No. 31 385 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 1987. (2) In this Act the Valuation of Land Act 1944-1985 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Valuation of Land Act 1944-1987. 2. Amendment of s. 5. Section 5 of the Principal Act is amended by, in subsection (1), inserting after the definition "Person" the following definition:- "Petroleum lease" means a lease granted under the PetroleumAct 1923-1986;". 3. Amendment of s. 11. Section 11 of the Principal Act is amended by omitting paragraph (v) of subsection (1) and substituting the following paragraph:- "(v) In making, pursuant to this subsection, the valuation of the unimproved value of any land- (a) in respect of which a stock grazing permit granted under section 35 of the Forestry Act 1959-1984 or section 33 of the National Parks and Wildlife Act1975-1984 is in force; (b) comprised in a special lease issued under Division 1 of Part VIII of the Land Act 1962-1986; (c) comprised in an effective lease granted under section 102 of the Railways Act 1914-1985 or in a lease validated by subsection (4) of that section; (d) in respect of which an occupation license issued or deemed to have been issued under Part III of the Land Act 1962-1986 is in force; or (e) in respect of which permission to occupy granted under section 371A of the Land Act 1962-1986 is current, the unimproved value of that land shall be determined having regard to and making proper allowance for any restriction or limitation to which that permit, lease, license or permission to occupy is subject.". 4. New s . 11E. The Principal Act is amended by inserting the following section after section 11 D:- "11E. Valuation of petroleum leases . (1) The unimproved value of land comprised in a petroleum lease shall be- (a) the unimproved value of the surface area of that land;

386 Valuation of Land Act Amendment Act 1987, No. 31 or (b) 6 times the yearly rent payable in respect of the lease, whichever is the less. (2) In this section- "yearly rent"- (a) in respect of a petroleum lease to which paragraph (a) of section 32 (1) of the Petroleum Act 1923-1986 applies, means the annual rent payable pursuant to that Act as at the date at which all lands in the Area in which the land comprised in the lease is situated are required to be valued; (b) in respect of a petroleum lease to which paragraph (b) of section 32 (1) of the Petroleum Act 1923-1986 applies, means the annual rent that would have been payable pursuant to that Act as at the date at which all lands in the Area in which the land comprised in the lease is situated are required, to be valued, if the lease were a lease to which paragraph (a) and not paragraph (b) of section 32 (1) of that Act applied.". 5. Amendment of s. 16J. Appeal. Section 16J of the Principal Act is amended by- (a) omitting subsections (3) and (4); (b) renumbering subsection (2) as subsection (3) and in that subsection omitting the first paragraph and substituting the following paragraph:- "An appeal shall be instituted by filing a notice of appeal in the Land Court registry."; (c) inserting the following subsection after subsection (1)- "(2) Except as hereinafter by this section provided, an appeal shall not lie unless it is instituted within 28 days after the date of issue to the owner concerned by the Valuer-General of notice of his decision upon the objection (which date of issue shall be stated in such notice)."; (d) renumbering subsection (5) as subsection (4) and in that subsection omitting the expression "(6)" and substituting the expression "(5)"; (e) renumbering subsection (6) as subsection (5); (f) omitting subsections (7) and (8) and substituting the following subsection:- "(6) Subsections (3A) to (9) (both inclusive) of section 21 and sections 21A and 22 shall, with all necessary adaptations and modifications, apply to and in respect of an appeal under this section and in particular a reference therein to subsection

Valuation of Land Act Amendment Act 1987, No. 31 387 (2) or (3) shall be taken to be a reference to subsection (2) or (3), as the case may be, of this section."; (g) renumbering subsection (9) as subsection (7) and in that subsection omitting the expression "subsection (8)" and substituting the expression "subsection (6)".