Valuation of Land Act and Another Act Amendment Act 1971 (Qld)

984 ANNO VICESIMO ELIZABETHAE SECUNDAE REGINAE No. 78 of 1971 An Act to Amend the Valuationof Land Act 1944-1970, in certain particulars and for purposes connected therewith , and to Amend the Valuers Registration Act 1965-1969 in certain particulars [ASSENTED TO 22ND DECEMBER, 1971) 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:- PART I-PRELIMINARY 1. Short title. This Act may be cited as the Valuation of Land Act and Another Act Amendment Act 1971. 2. Commencement of Act. This Act shall commence on a date to be fixed by Proclamation by the Governor, published in the Gazette. 3. Parts of Act. This Act is divided into Parts as follows:- PART I-PRELIMINARY; PART II-AMENDMENTS OF THE VALUATION, OF LAND ACT 1944-1970; PART III-AMENDMENTS OF THE VALUERS REGISTRATION ACT 1965-1969.

Valuationof Land Act and Another Act Amdt Act 1971, No. 78 985 PART II-AMENDMENTS OF THE VALUATION OF LAND ACT 1944-1970 4. Citation . (1) In this Part, the Valuation of Land Act1944-1970 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Valuation of Land Act1944-1971. 5. Amendment of s. 3 . Section 3 of the Principal Act is amended by omitting subsection (4). 6. Amendment of s. 5 . Section 5 of the Principal Act is amended by, in subsection (1); (a) adding the following paragraph to the meaning of the term " Owner ":- " The Queensland Housing Commission created by The State Housing Acts 1945 to 1966 shall be deemed to be the owner of any land let or leased by it under those Acts or any other Act, and accordingly it may object and appeal under, subject to and in accordance with the provisions of Part VI of this Act against any valuation made by the Valuer-General of any such land;"; (b) omitting the meaning of the term " Valuer " and inserting in its stead the following meaning:- " A chief valuer, valuer designated as officer in charge (valuations), senior valuer, district valuer or other valuer registered under the Valuers Registration Act 1965-1971 and appointed under this Act.". 7. Amendment of s. 6 . Section 6 of the Principal Act is amended by, in subsection (2), inserting after the words " absence of the Valuer- General " the words " or in the event of a vacancy occurring in the office of Valuer-General and until a new Valuer-General is appointed ". 8. Amendment of s. 7. Section 7 of the Principal Act is amended by omitting the words " senior valuers, district valuers, valuers," and inserting in their stead the word " valuers ". 9. New s. 7A. The Principal Act is amended by inserting after section 7 the following section:- " 7A. Appointment of other valuers in certain circumstances. (1) Where the Minister is of the opinion that the Valuer-General will be unable to complete in time the making of a valuation of all lands in an Area for the purposes of a period referred to in subsection (1) of section 13 of this Act with the valuers then available to him in that respect, he shall report thereon to the Governor in Council, and the Governor in Council may appoint or engage or approve the appointment or engagement of such and so many registered valuers (within the meaning of the Valuers Registration Act 1965-1971) as he deems necessary for the purpose of ensuring, as far as is practicable, that the making of a valuation of all lands in the Area concerned is completed for the purposes aforesaid.

986 Valuationof Land Act and Another Act Amdt Act 1971, No. 78 (2) Registered valuers referred to in subsection (1) of this section shall be appointed or engaged for such period or periods and otherwise in accordance with such terms and conditions as the Governor in Council thinks fit and, subject thereto, shall carry out valuation work in accordance with this Act and under and subject to the supervision and direction of the Valuer-General. (3) Valuations made by registered valuers pursuant to this section shall be deemed to be valuations by the Valuer-General under and for the purposes of this Act. (4) The provisions of section 8 of this Act shall, subject to all necessary adaptations, be applicable to registered valuers appointed or engaged pursuant to this section.". 10. Amendment of s. 8 . Section 8 of the Principal Act is amended by omitting the words " Senior Valuer, District Valuer, valuer," and inserting in their stead the word " valuer ". 11. Amendment of s. 9. Section 9 of the Principal Act is amended by omitting the words " Senior Valuer, or any District Valuer," and inserting in their stead the words " chief valuer, officer in charge (valuations), senior valuer or district valuer,". 12. Amendment of s. 11. (1) Section 11 of the Principal Act is amended by- (a) in subsection (1}- (i) numbering the first three paragraphs as paragraphs (i), (ii) and (iii) respectively; (ii) omitting the fourth paragraph (being the final paragraph); (iii) inserting after paragraph (iii), as so numbered, the following paragraphs:- " (iv) A valuation of the unimproved value of any land made pursuant to this subsection shall take into account the existence and effect of any easement, registered under any Act, in respect of which such land is the dominant tenement or the servient tenement. (v) In making, pursuant to this subsection, the valuation of the unimproved value of any land in respect of which a stock grazing permit within the meaning of the Forestry Act1959-1971 has been granted under that Act or of any land within a State Forest or National Park within the meaning of that Act in respect of which, pursuant thereto, a special lease under the Land Act 1962-1971 has been granted for grazing purposes or of any land in respect of which a lease or license has been granted under the Land Act 1962-1971 with respect to a Timber Reserve, within the meaning of the Forestry Act1959-1971, for grazing purposes, the unimproved value of that land shall be determined having regard to and making proper allowance for any restriction or limitation to which such permit or lease or license is subject. (vi) A valuation of the unimproved value of any land shall not include the value of any timber on or"any metals, minerals or coal in that land.

Valuation of Land Act and Another Act Amdt Act 1971, No. 78 987 (vii) In making , pursuant to this subsection , the valuation of the unimproved value of land exclusively used for purposes of a single dwelling-house or for purposes of the business of primary production, any enhancement in that value for that the land has a potential use for industrial , subdivisional or any other purposes shall be disregarded irrespective of whether or not that potential use is lawful when the valuation is made. In this paragraph- " a single dwelling - house " means a dwelling used solely for habitation by not more than one family; and " the business of primary production " means the business of agriculture , pasturage , horticulture , viticulture, apiculture, forestry (including the planting or tending in a plantation or forest of trees intended for felling), poultry farming, dairy farming or any other business consisting of the cultivation of soils, the gathering in of crops or the rearing of livestock."; (b) in subsection (2)- (i) omitting, in paragraph (i), the words " not later than the date when the valuation in question comes into force ." and inserting in their stead the words " a date prior to the date of publication in the Gazette of the Proclamation under paragraph (ii) of this subsection which first fixes the date on and after which the valuation in question shall, subject to objection or appeal under this Act, be the valuation of all lands required by this Act to be valued by the Valuer-General in the Area concerned."; (ii) omitting, in paragraph (ii), the word " the " occurring immediately before the words " any valuation "; (iii) omitting the second subparagraph of paragraph (ii) (beginning with the words " Subject to fixing "); (iv) inserting after paragraph ( ii) the following paragraphs:- " (iii) A date fixed by the Governor in Council pursuant to paragraph ( ii) of this subsection shall be a date not earlier than twelve months after the date of publication in the Gazette of the Proclamation. (iv) Notwithstanding the provisions of paragraph (ii) of this subsection, the Governor in Council may, by Proclamation published in the Gazette, postpone a date fixed by him pursuant to the provisions of the said paragraph (ii) to a date specified in the Proclamation if he is satisfied that there are special circumstances warranting such postponement , and thereupon the date specified in the Proclamation shall, if it is not earlier than the thirtieth day of June referred to in paragraph (v) of this subsection where there has been a postponement to that date under that paragraph, be taken to be the date fixed by the Governor in Council pursuant to the said paragraph (ii). The power to postpone under this paragraph (iv) includes the power to postpone on more than one occasion , and, where there is a postponement on more than one occasion , the date referred to in the expression " date specified in the Proclamation " shall be taken to be the date last specified in a Proclamation.

988 Valuation of Land Act and Another Act Amdt Act 1971, No. 78 (v) Notwithstanding the provisions of paragraph (ii) of this subsection, a valuation made by the Valuer-General of all lands required by this Act to be valued by him in an Area shall not have force and effect whilst the amount of such valuation the subject of undetermined objections or appeals under Part VI of this Act (hereinafter in this paragraph referred to as " the said amount ") exceeds ten per centum of the total amount of such valuation, and where the said amount ceases to be in excess of ten per centum of the total amount of such valuation at a time subsequent to the date fixed by the Governor in Council pursuant to the provisions of paragraph (ii) of this subsection, the Governor in Council shall by Proclamation published in the Gazette postpone the date fixed as aforesaid to the thirtieth day of June following the time when the said amount ceases to be in excess of ten per centum of the total amount of such valuation, whereupon that said thirtieth day of June shall, if it is not earlier than the date specified in the Proclamation referred to in paragraph (iv) of this subsection where there has been a postponement to that date under that paragraph, be taken to be the date fixed by the Governor in Council pursuant to paragraph (ii) of this subsection."; (v) renumbering paragraph ( iii) as paragraph (vi); (c) inserting after subsection (2) the following subsection:- " (2A) (i) Where the Valuer-General purports to have made a valuation of all lands in an Area required by this Act to be valued by him in that Area, he shall be deemed to have so made such valuation notwithstanding that he has omitted to make a valuation of any land therein. (ii) Where it comes to the knowledge of the Valuer-General that he has omitted to make a valuation of any land as aforesaid, he shall thereupon make a valuation of that land as at the date fixed for all lands in the Area pursuant to subsection (2) of this section, and the provisions of this Act in respect of notice of valuation, objection and appeal apply and extend accordingly. (iii) The valuation of that land shall, subject to objection or appeal as aforesaid, come into force on a date fixed by the Valuer-General pursuant to paragraph (vi) of subsection (2) of this section and shall be in force for the balance of the period during which the valuation of all lands in the Area is in force in accordance with this Act.". (2) A valuation of the unimproved value of any land made prior to the commencement of this Act in accordance with the requirements of paragraph (iv), paragraph (v), paragraph (vi) or paragraph (vii), as the case requires, of subsection (1) of section 11 of the Principal Act, inserted by subsection (1) of this section shall, without prejudice to any rights which accrue or may have accrued under the provisions of Part VI of the Principal Act, be deemed to be made and to have always been made as validly and effectually as if the provisions of the paragraph in question were in operation at the time such valuation was made. . (3) Where, in the case of a valuation made by the Valuer-General of all lands in an Area, any notice required to be given to an owner pursuant to section 19 of the Principal Act has been issued by the Valuer-General after the thirtieth day of June 1971 in respect of a valuation of the

Valuation of Land Act and Another Act Amdt Act. 1971, No. 78 989 unimproved value of land referred to in paragraph (v) or paragraph (vii) of subsection. (1) of section 11 of the Principal Act, the unimproved value of that land shall be taken to be the valuation determined in accordance with the requirements of the said paragraph (v) or paragraph (vii), as the case may be, for the purposes of the hearing of any objection or appeal under Part VI of the Principal Act whether or not the valuation of the unimproved value was determined by the Valuer-General in accordance with those requirements, and in any such case, notwithstanding the issue of the- notice and the expiration of time for objection under section 20 of the Principal Act, such notice shall, without prejudice to any rights which accrue or may have accrued under the provisions of the said Part VI, be deemed to have been given on the date of commencement of this Act. (4) The Principal Act shall have effect and be deemed for all purposes to have had effect as if it had originally been enacted to include the provisions of paragraph (iv) of subsection (2) of section 11, inserted by subsection (1) of this section. 13. Amendment of s. 12. Section 12 of the Principal Act is amended by inserting after subsection (1) the following subsection:- " (IA) Notwithstanding anything contained in this section, in determining the unimproved value of any land it shall be assumed that- (a) the land 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 on the land as may be required in order to enable the land 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 land may be used on the assumption that any improvements referred to in subsection (1) of this section had not been made.". 14. Amendment of s. 13. Section 13 of the Principal Act is amended by- (a) omitting, in the note to the section, the words " for five-year period." and inserting in their stead the words " at periodic intervals."; (b) inserting after the third paragraph of subsection (1) the following paragraph:- " In this subsection, the expression " dates respectively proclaimed under paragraph (ii) of subsection two of section eleven of this Act " includes, where necessary, dates taken to be dates fixed by the Governor in Council pursuant to the said paragraph ( ii) in accordance with paragraph (iv) or paragraph (v) of the said subsection (2), as the case requires, and the expression " the date proclaimed under the said paragraph (ii) " includes, where necessary, the date taken to be the date fixed by the Governor in Council pursuant to the said paragraph (ii) in accordance with paragraph (iv) or paragraph (v) of the said subsection (2), as the case requires.";

990 Valuation of Land Act and Another Act Arndt Act 1971, No. 78 (c) inserting after subsection ( 1) the following subsections:- " (1A) Where a date fixed by the Governor in Council in accordance with the provisions of paragraph ( ii) of subsection (2) of section 11 of this Act is postponed pursuant to the provisions of paragraph ( iv) or paragraph ( v) of that subsection and the date to which the fixed date is so postponed is a date subsequent to the last day of the period of eight years referred to in subsection ( 1) of this section , then , notwithstanding the provisions of the said subsection ( 1), the period in question shall, with the approval of the Governor in Council by Proclamation published in the Gazette , extend to and include the day preceding the date to which the fixed date is so postponed, and every valuation by the Valuer- General of all lands in the Area concerned shall, subject to the like approval as aforesaid and otherwise to this Act, be the valuation of the lands in that Area for the period as extended. This subsection applies whether the fixed date is postponed before , on or after the date of commencement of the Valuation of Land Act and Another Act Amendment Act 1971 and where necessary shall have retrospective effect accordingly. (1B) Notwithstanding the provisions of subsection (1) of this section , the Governor in Council at the request of a Local Authority may on the recommendation of the Minister, by Proclamation published in the Gazette, determine that a valuation by the Valuer - General of all lands in the Area of that Local Authority shall be in force for a period specified by the Governor in Council , being a period of less than five years , but subject to the extension of such period pursuant to the application of paragraph ( iv) or paragraph ( v) of subsection ( 2) of section 11 of this Act with respect to the date fixed by the Governor in Council , in accordance with paragraph ( ii) of the said subsection (2), in relation to the commencement date of the next succeeding valuation of all such lands , if he is satisfied that there are special circumstances warranting such determination in any particular case , and thereupon the period specified shall, subject to its extension pursuant to the application of the said paragraph (iv) or paragraph ( v) as aforesaid , be the period in respect of which the valuation shall be in force."; (d) in subsection (2),- (i) inserting after the words " Area in question is in force " the words " or, in the case of a valuation of all lands in an Area which has not come into force, during the period between the giving of notice of valuation of the land to the owner and the date of the valuation coming into force "; (ii) omitting paragraph ( f) and inserting in its stead the following paragraph:- (f) Unless, being land exclusively used for purposes of a single dwelling-house or the business of primary production when valued, that land ceases to be used for either of such purposes whereby the valuation thereof is, having regard to the provisions of paragraph (vii) of subsection ( 1) of section 11 of this Act , in the opinion of the Valuer- General , altered. In this paragraph " a single dwelling - house " and " the business of primary production " have the meanings they have in the said paragraph ( vii);";

Valuationof Land Act and Another Act Amdt Act 1971, No. 78 991 (iii) inserting after paragraph (h) the following paragraphs:- " ; or (i) Unless by reason of implementation of or alteration in zoning under or amendment of a Town Plan, the Valuer-General is of opinion that the valuation of such land has altered; or (j) Unless, being land used for commercial or industrial purposes or for purposes other than those of a single dwelling-house or the business of primary production when valued, that land comes under exclusive use for purposes of a single dwelling-house or the business of primary production whereby the valuation thereof is, having regard to the provisions of paragraph (vii) of subsection (1) of section 11 of this Act, in the opinion of the Valuer-General, altered. In this paragraph " a single dwelling-house " and " the business of primary production " have the meanings they have in the said paragraph (vii).". 15. Amendment of s. 17. Section 17 of the Principal Act is amended by- (a) in subsection (1), omitting the words " those lands " and inserting in their stead the words " all lands in the Area "; (b) inserting after subsection (1) the following subsection:-- " (IA) For the purposes of subsection (1) of this section, the date referred to therein as the date fixed by the Governor in Council pursuant to paragraph (ii) of subsection (2) of section 11 of this Act shall not include a postponed date pursuant to paragraph (iv) or paragraph (v) of the said subsection (2).". 16. Amendment of s. 18 . Section 18 of the Principal Act is amended by inserting after paragraph (d) the following paragraph:- " ; or (e) an alteration is made in the valuation of any parcel of land pursuant to a decision upon objection or appeal under Part VI of this Act.". 17. Amendment of s. 19. (1) Section 19 of the Principal Act is amended by- (a) numbering the first paragraph as subsection (1); (b) omitting the second paragraph; (c) inserting after subsection (1) as so numbered the following subsections:- " (2) Subject to subsection (3) of this section, notice of valuation may be given at any time after the making thereof. (3) In the case of a valuation of all lands in an Area, notice of valuation shall be issued by the Valuer-General not earlier than the date of publication in the Gazette of the Proclamation referred to in paragraph (ii) of subsection (2) of section 11 of this Act and not less then eight months before the date fixed by the Governor in Council pursuant to the said paragraph (ii) as the date on and after which the valuation of those lands shall have force and effect.

992 Valuation of Land Act and Another Act Amdt Act 1971, No. 78 (4) The failure to duly issue notice of valuation not less then eight months before the date fixed by the Governor in Council, in accordance with the requirements of subsection (3) of this section, shall not affect the validity of the valuation of all lands in the Area concerned or the date of its coming into force.". (2) Any notice of valuation given to an owner under section 19 of the Principal Act in respect of a valuation proclaimed to come into force pursuant to paragraph (ii) of subsection (2) of section 11 of the Principal Act on the thirtieth day of June 1972 shall be deemed to have been given in accordance with subsection (3) of the said section 19 if such notice was issued by the Valuer-General on or before the thirty-first day of October 1971. 18. Amendment of s. 20 . Section 20 of the Principal Act is amended by- (a) in subsection (1), omitting the words " forty-two days after service by post of the notice of valuation," and inserting in their stead the words " sixty days after the date of issue of the notice of valuation (which date of issue shall be stated in such notice),"; (b) in subsection (2), omitting the words " either wholly or in part." and inserting in their stead the words " in such manner and to such extent as he deems proper."; (c) inserting after subsection (2) the following subsection:- " (2A) (a) A conference between the Valuer-General and the owner pursuant to subsection (2) of this section which is in respect of an objection to a valuation made in the course of a valuation of all lands in an Area may, in the discretion of the Minister, be conducted under the chairmanship of a person appointed as a chairman in accordance with this subsection. (b) The Minister shall, at such time or times as he considers necessary for the purposes of this subsection, appoint persons as chairmen of such conferences between the Valuer-General and owners. (c) A person appointed as chairman shall, as far as the Minister is reasonably able to ascertain, in each case be a disinterested person as between the Valuer-General and the owner. (d) A person appointed. as a chairman shall be- (i) appointed either generally or in respect of a particular Area, or part thereof, or particular Areas; (ii) appointed for such period or in respect of such conference or conferences as the Minister deems fit; (iii) paid such remuneration or allowances as may be prescribed, and otherwise appointed subject to such terms and conditions as may be prescribed and, in so far as not prescribed, as the Minister determines. (e) It shall be the function of a chairman- (i) to do all in his power to ensure a full, free and frank exchange of opinion between an owner and the Valuer- General, including full disclosure of information relevant to the matter the subject of the conference;

Valuation of Land Act and Another Act Amdt Act 1971, No. 78 993 (ii) to make recommendations to either party concerning matters raised before him at the conference; (iii) to report to the Minister, after the Valuer-General has given the objector written notice of his decision on the objection pursuant to subsection (3) of this section, any conduct of either party at the conference which he considers calls for comment. (f) Subject to this subsection, a chairman is deemed to be a person employed under this Act for the purposes of section 8 of this Act.". 19. Amendment of s. 21. Section 21 of the Principal Act is amended by- (a) in subsection (2),- (i) omitting the words " forty-two days after the giving " and inserting in their stead the words " sixty days after the date of issue "; (ii) inserting after the word " objection " the words " (which date of issue shall be stated in such notice) "; (iii) omitting the second paragraph; (b) in subsection (7), omitting the word " subsection " and inserting in its stead the word " section "; (c) omitting subsections (10) and (11). 20. Amendment of s. 24A. Section 24A of the Principal Act is amended by, in subsection (2), omitting the word " forty-two " and inserting in its stead the word " sixty ". 21. Amendment of s. 25. Section 25 of the Principal Act is amended by- (a) omitting the words " " The Land Tax Acts, 1915 to 1952 " " and inserting in their stead the words " the Land Tax Act1915-1969 "; (b) omitting the words " " The Local Government Acts, 1936 to 1953 " " and inserting in their stead the words " the Local Government Actt 1936-1971 "; (c) omitting the words " " The City of Brisbane Acts, 1924 to 1953 " " and inserting in their stead the words " the City of Brisbane Act1924-1969 "; (d) omitting the words " (d) The unimproved value of that land for the purposes of " The Rabbit Acts, 1913 to 1950 "; ". 22. Amendment of s. 26. Section 26 of the Principal Act is amended by, in subsection (1),- (a) omitting the word " furnish-" occurring after paragraph (b), and inserting in its stead the words " and in any case not less than eight months before the date fixed by the Governor in Council pursuant to paragraph (ii) of subsection (2) of section 11 of this Act as the date on and after which the valuation in respect of which the roll or part thereof is completed shall have force and effect, furnish-"; (b) omitting the words " Rabbit Board or ", the words " , any Rabbit Board," and the words " Rabbit Board,"; (c) omitting the words " every Rabbit Board, and " and inserting in their stead the words " and every " . 32

994 Valuationof LandAct and Another Act Amdt Act 1971, No. 78 23. Amendment of s. 47. Section 47 of the Principal Act is amended by, in subsection (1); (a) omitting, in paragraph (a), the words " senior valuers, district valuers and "; (b) omitting, in paragraph (c), the words " Rabbit Boards,". 24. Repeal of certain provisions of Act No. 16 of 1962. Subsections (1) and (2) of section 6 and section 8 of The Local Government (Rateable Value Adjustment) Act of 1962 are repealed. 25. Amendments relating to currency references . The Principal Act is amended as set forth in the Schedule to this Part. THE SCHEDULE AMENDMENTS RELATING TO DECIMAL CURRENCY [s. 251 Provisions to be amended Omit Insert Section 8 Section 8 Section 38 Section 38 Section 39 Section 39 Section 40 Section 40 Section 41 Section 41 Section 42 Section 42 Section 43 Section 43 Section 47 five pounds fifty pounds two pounds twenty pounds two pounds twenty pounds two pounds twenty pounds two pounds twenty pounds five pounds fifty pounds five pounds twenty pounds twenty pounds $10 $100 $4 $40 $4 $40 $4 $40 $4 $40 $10 $100 $10 $40 $40 PART 111-AMENDMENTS OF THE VALUERS REGISTRATION ACT 1965-1969 26. Citation . (1) In this Part, the Valuers Registration Act 1965-1969 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Valuers Registration Act 1965-1971. 27. Amendment of s. 2 . Section 2 of the Principal Act is amended by inserting after the words " PART III-REGISTRATION OF VALUERS; " the words " PART ILIA-PROVISIONAL LICENSED VALUERS; ". 28. Amendment of s. 3. Section 3 of the Principal Act is amended by- (a) inserting after the term " Minister " and its meaning the following terms and meanings: " " Provisional licensed valuer "-A person duly licensed as a provisional licensed valuer under this Act;

Valuationof Land Act and Another Act Amdt Act 1971, No. 78 995 " Provisional licensed valuer's licence " or " Licence "-A provisional licensed valuer's licence granted pursuant to this Act and in force at the material time;"; (b) in the meaning of the term " Register " inserting after the word " register " the words " called the Register of Valuers of Queensland "; (c) inserting after the term " Register " and its meaning the following term and meaning:- " " Register of provisional licensed valuers "-The register of provisional licensed valuers established and kept under this Act; ". 29. Amendment of s. 20 . Section 20 of the Principal Act is amended by, in subsection (4), omitting the words " five pounds " and inserting in their stead the words " ten dollars ". 30. New Part lIlA. The Principal Act is amended by inserting after section 24 the following heading and section:- " PART ILIA-PROVISIONAL LICENSED VALUERS 24A. Licensing as provisional licensed valuers. (1) Subject to the provisions of this Part of this Act, a person who- (a) is of or above the age of twenty-two years; and (b) satisfies the Board that- (i) he is of good fame and character and is a fit and proper person to be licensed as a provisional licensed valuer; and (ii) he has had sufficient practical experience in or in connexion with valuing land within the five years last preceding the date of his application for a licence, may be licensed as a provisional licensed valuer. (2) A person desiring to be licensed as a provisional licensed valuer shall- (a) make application to the Board in the prescribed form; (b) lodge the application with the secretary; and (c) pay to the Board such fee as may be prescribed.". 31. New ss. 24B and 24C. The Principal Act is amended by inserting after section 24A as inserted by this Act the following sections:- "24B. Duration and renewal of licences . (1) A provisional licensed valuer's licence shall take effect on and from the date of its issue and shall expire on the thirty-first day of December next following but may be renewed as herein provided. (2) A provisional licensed valuer who desires a renewal of his licence shall- (a) make application to the Board in the prescribed form prior to the first day of October before the expiry of the licence except where its date of issue is on or after the first day of October in any year in which case he shall make application on or before a date specified by the Board at the time it grants the application for the licence; (b) lodge the application with the secretary; and (c) pay to the Board, such fee as may be prescribed.

996 Valuationof Land Act and Another Act Amdt Act 1971, No. 78 (3) The provisions of subsection (2) of this section apply with necessary adaptations where the provisional licensed valuer desires further renewals. 24C. Objection to application . A person who desires to object to any application made under this Part of this Act shall lodge with the secretary his objection in the prescribed form.". 32. New ss. 24D and 24E. The Principal Act is amended by inserting after section 24c as inserted by this Act the following sections:- " 24D . Procedure and Board's determination following application and any objection. (1) The provisions of subsection (3) of section 14 of this Act apply with necessary adaptations to applications made and objections lodged under this Part of this Act. (2) If the Board is satisfied, following consideration of an application and any objeetion thereto, that the applicant, should be licensed as a provisional licensed valuer or receive any renewal thereof, it shall, by resolution, grant the application, determine any restrictions to the grant pursuant to section 24E of this Act, and direct the secretary to issue to the applicant the licence or any renewal thereof on payment of the prescribed fee and to enter in the register of provisional licensed valuers the particulars required or authorized by this Act to be entered, but, if it is not so satisfied, it shall, by resolution, refuse the application. (3) Where the date of issue of a licence is on or after the first day of October in any year, the Board, in granting the, application for the licence, shall specify the date on or before which the provisional licensed valuer shall make application for any renewal thereof. (4) No appeal lies against the determination of the Board to grant or to refuse an application for a licence or to grant an application for any renewal thereof or against its determination of any restrictions in respect of any such grant. 24E. Classification of provisional licensed valuers , (1) Upon '::e granting of an application, the Board shall determine the -.lassification of the applicant as follows:- (a) If the Board considers the applicant to be competent to value only rural land, he shall be licensed to value rural land only; (b) If the Board considers the applicant to be competent to value only urban land, he shall be licensed to value urban land only; (c) If the Board considers the applicant to be competent to value both rural land and urban land, he shall be licensed to value both rural land and urban land. (2) In each case the Board shall determine the geographical limits within which the applicant may value (which limits shall be specified in the licence), and a provisional licensed valuer shall not value outside such determined limits.".

Valuationof Land Act and Another Act Amdt Act 1971, No. 78 997 33. New ss. 24F and 24G. The Principal Act is amended by inserting after section 24E as inserted by this Act the following sections:- " 24F . Register of provisional licensed valuers. (1) The Board shall establish and keep a register to be called the " Register of Provisional Licensed Valuers " which shall be in the custody of the secretary. (2) A person may at all reasonable times, upon payment of such fee as may be prescribed, inspect the register of provisional licensed valuers at the office where it is, for the time being, held. (3) There shall be entered in the register of provisional licensed valuers in respect of each provisional licensed valuer- (a) his full name and residential address; (b) the address of his place of business or employment; (c) the number (if any) and date of issue of his licence and details of any renewal thereof; (d) his licence classification enabling him to value rural land only or urban land only or both rural land and urban land; (e) the geographical limits within which he may value; (f) such other particulars as may be prescribed or, in so far as not prescribed, as the Board considers necessary. 24G. Annual list of provisional licensed valuers. (1) In the month of January in each year the secretary shall compile from the register of provisional licensed valuers a list of provisional licensedvaluers licensed as at the first day of that month and shall furnish the list (certified by the secretary as correct) to the Minister. (2) The list shall include in respect of each provisional licensed valuer whose name is included therein his licence classification referred to in paragraph (d) of subsection (3) of section 24F of this Act and the geographical limits referred to in paragraph (e) of that subsection. (3) The Minister shall cause every such list received by him to be published in the Gazette under the heading " List of Provisional Licensed Valuers of Queensland as at the (the date to which such list is compiled) ".". 34. New ss. 24H and 24J. The Principal Act is amended by inserting after section 24G as inserted by this Act the following sections: " 24H. Secretary to issue licences , etc. The Secretary shall- (a) give written notification to an applicant for a licence or any renewal thereof whose application has been granted or, as the case may be, refused and shall give written notification to an objector of the determination of the Board on the objection; . (b) pursuant to a direction of the Board under subsection (2) of section 24D of this Act, issue to an applicant a licence or any renewal thereof in the prescribed form on payment of the prescribed fee;

998 Valuationof Land Act and Another Act Amdt Act 1971, No. 78 (c) enter in the register of provisional licensed valuers the particulars required or authorized by this Act to be entered therein and shall not make or permit to be made therein any other entry except at the direction of the Board; (d) permit a person to inspect the register of provisional licensed valuers in accordance with the provisions of subsection (2) of section 24F of this Act and on the terms therein set out. 24J. Notification by secretary where renewal application, etc., late . If a provisional licensed valuer does not make application for renewal of his licence or pay such fee as may be prescribed in respect thereof prior to the first day of October before the expiry of his licence or on or before the date specified by the Board, as the case requires, in accordance with the provisions of subsections (2) and (3) of section 24B of this Act, the secretary shall forthwith notify him by registered post that his licence will expire on the thirty-first day of December next following unless it is renewed in accordance with this Act.". 35. New ss. 24K and 24L. The Principal Act is amended by inserting after section 241 as inserted by this Act the following sections:- " 24K. Cancellation of licence where false statement made, etc. (1) If the Board is satisfied that a person is licensed as a provisional licensed valuer under this Act by reason of a false statement made or produced to it or that a person who is not entitled to be licensed as a provisional licensed valuer under this Act is so licensed, it shall direct that the licence granted to that person be cancelled and the same shall thereupon be cancelled whereupon the secretary shall, at the direction of the Board, remove the name and other particulars of that person from the register of provisional licensed valuers. (2) If the Board is satisfied that any particular entered in the register of provisional licensed valuers in relation to any provisional licensed valuer is false or inaccurate, it shall direct that such particular be removed from that register or, as the case may require, corrected. The Board shall perform the duty imposed on it by this subsection notwithstanding that at the time the particular was entered in such register it was not false or inaccurate. (3) The secretary shall cause- (a) notification of cancellation of a licence; (b) notification of a removal under this section to be given, in writing, to the provisional licensed valuer concerned and, in the case of a cancellation and removal under subsection (1) of this section, to be published in the Gazette. (4) The notification given to a provisional licensed valuer in respect of a cancellation and removal under subsection (1) of this section shall require him to deliver up to the secretary his licence not later than a date specified in the notification and he shall deliver up to the secretary his licence not later than that specified date.

Valuationof Land Act and Another Act Amdt Act 1971, No. 78 999 24L. Surrender of licence. (1) Upon the request in writing of a provisional licensed valuer, the Board may direct- (a) that his licence be cancelled and his name and other particulars entered in the register of provisional licensed valuers be removed therefrom; or (b) that any one or more of the particulars entered in that register in relation to such provisional licensed valuer be removed from the register. (2) Where a provisional licensed valuer becomes registered as a valuer under this Act, he ceases thereupon to be a provisional licensed valuer and the secretary shall remove his name and other particulars from the register of provisional licensed valuers. (3) A provisional licensed valuer shall deliver up his licence to the secretary- (a) with his request in writing for its cancellation under subsection (1) of this section; (b) upon becoming registered as a valuer under this Act.". 36. New ss. 24M and 24N. The Principal Act is amended by inserting after section 24L as inserted by this Act the following sections:- " 24m. Cancellation of licence for specific cause. The Board may direct that a licence granted to a provisional licensed valuer be cancelled where he- (a) has died; (b) does not, in the opinion of the Board, possess the qualifications which would entitle him to be so licensed; (c) is a patient within the meaning of The Mental Health Acts 1962 to 1964 or is otherwise incapable in law of managing his own affairs; (d) has been convicted in Queensland of an indictable offence the maximum penalty for which is imprisonment for a period of at least twelve months or has been convicted elsewhere than in Queensland of an offence which, if committed in Queensland, would constitute such an indictable offence; (e) is an undischarged bankrupt by reason of circumstances which, in the opinion of the Board, were not beyond his control, and the licence shall thereupon be cancelled whereupon the secretary shall, at the direction of the Board, remove the name and other particulars of that provisional licensed valuer from the register of provisional licensed valuers. 24N. Disciplinary action against provisional licensed valuer. (1) The provisions of subsections (1) and (2) of section 20 of this Act apply, with necessary adaptations, in the case of a provisional licensed valuer, a reference to a registered valuer or a public valuer in the subsections being read as a reference to a provisional licensed valuer.

1,000 Valuation of Land Act and Another Act Amdt Act 1971, No. 78 (2) If the Board, upon an inquiry, investigation or hearing, is satisfied that the provisional licensed valuer concerned is guilty of the charge against him the Board may, in its discretion, by resolution- (a) reprimand and admonish him; (b) require him to give an undertaking to abstain from conduct specified by the Board; (c) impose on him a penalty not exceeding one hundred dollars; (d) suspend his licence (and he shall thereupon be unlicensed) for the remainder of the year for which it was granted or for such part of that remainder as it thinks fit; (e) direct that his licence be cancelled and the same shall thereupon be cancelled; (f) require him to pay the amount of costs of and incidental to the inquiry, investigation or hearing assessed by the Board. (3) As soon as practicable after the Board resolves pursuant to subsection (2) of this section, the secretary shall cause written notification of such resolution to be given to the provisional licensed valuer concerned. (4) The secretary shall, in the case of a resolution to cancel a licence pursuant to paragraph (e) of subsection (2) of this section, remove, at the direction of the Board, the name and other particulars of the provisional licensed valuer concerned from the register of provisional licensed valuers and shall, in the case of a resolution to suspend a licence pursuant to paragraph (d) of that subsection, make such entry in that register as is prescribed or, in so far as not prescribed, as the Board directs. .In each case of a resolution to cancel or suspend a licence as referred to in this subsection, the secretary shall, as soon as practicable after the resolution of the Board, cause notification of such cancellation or suspension to be published in the Gazette. (5) A written notification given pursuant to subsection (3) of this section following a resolution of the Board to cancel or suspend a licence shall require the provisional licensed valuer to deliver up to the secretary his licence not later than a date specified in the notification and he shall deliver up to the secretary his licence not later than that specified date. (6) A person who fails to comply with a requisition of the Board made upon an inquiry, investigation or hearing under this section commits a continuing offence against this Act and is liable to a penalty of ten dollars for each day during which his failure to comply continues.". 37. New ss. 24P and 24Q. The Principal Act is amended by inserting after'section 24N as inserted by this Act the following sections:- "24P. Appeal by aggrieved provisional licensed valuer. (1) A person aggrieved by the cancellation or suspension of his licence pursuant to a direction of the Board under this Part of this Act

Valuationof Land Act and Another Act Arndt Act 1971, No. 78 1,001 or by the determination of the Board pursuant to section 24D of this Act to refuse an application for a renewal of his licence may appeal against the direction of the Board for such cancellation or suspension or against the determination of the Board to refuse the application, as the case may be, to a Judge of the District Court at Brisbane who shall have jurisdiction to hear and determine the same and whose decision shall be final and binding on the Board and all persons concerned. (2) Every such appeal shall be by way of rehearing and shall be instituted within twenty-eight days after the effective date of the cancellation or suspension of the licence or within twenty-eight days after the giving to the applicant of the written notification referred to in section 24H of this Act, as the case requires, by filing in the registry of the District Court at Brisbane a notice of appeal setting out the grounds of appeal. (3) Within seven days of the filing of the notice of appeal, the person appealing shall serve a copy of such notice on the secretary and deposit with the registrar of the District Court the sum of one hundred dollars by way of security for the costs of the appeal. (4) Upon being served with the copy of the notice of appeal, the secretary shall forthwith forward to the registrar of the District Court a copy of any evidence, resolution, determination, direction or other writing of or in the possession of the Board relevant to the matter of appeal. (5) All such rules of court as may be deemed necessary or desirable or convenient for regulating the procedure and practice of the District Court for the purpose of giving full effect to this section may be made and the provisions of the DistrictCourtsAct1967-1969 shall apply and extend in respect of such rules of court. Until such rules of court are made, or in so far as such rules of court do not extend, the Judge hearing any appeal under this section may, in the particular case, give such directions as he thinks fit, and the directions shall, according to their tenor, have the force and effect of rules of court made for the purposes thereof. 24Q. Unauthorized dealing with register of provisional licensed valuers, etc ., prohibited . Save as is by this Act otherwise prescribed, a person shall not- (a) make an entry in the register of provisional licensed valuers; (b) remove a name or any other particular from such register; (c) restore a name or any other particular to such register; (d) issue any licence or any renewal thereof, except upon a lawful direction of the Board or, in the case of an appeal under this Part of this Act, upon an order of a Judge of the District Court.".

1,002 Valuation of Land Act and Another Act Amdt Act 1971, No. 78 38. New ss. 24R and 24S. The Principal Act is amended by inserting after section 24Q as inserted by this Act the following sections:- " 24R. Duty of secretary under this Part. In respect of this Part of this Act, the secretary shall comply with every direction of the Board and, in the case of an appeal as prescribed by section 24P of this Act, every order of a Judge of the District Court. 24S. Waiver or refund of fee. (1) Notwithstanding the provisions of this Act, the Board may waive the payment (in whole or in part) of a fee otherwise payable in respect of an application for or a granting of a licence or any renewal thereof whenever it appears to the Board just to do so. (2) When an application by any person for a licence or any renewal thereof under this Part of this Act is refused, the secretary shall refund to the applicant any fee which he has paid pursuant to this Act in connexion with such application." 39. New ss. 24T and 24U. The Principal Act is amended by inserting after section 24s as inserted by this Act the following sections:- " 24T. Proof of contents of register of provisional licensed valuers . A certificate purporting to be signed by the secretary that- (a) at a time or for a period specified therein a person named therein was or was not a provisional licensed valuer; (b) on a date specified therein the licence of a person named therein was cancelled and that the name or other particular of that person was removed from the register of provisional licensed valuers; (c) on a date specified therein the licence of a person named therein was suspended for a period specified therein, shall, upon its production in any proceeding, be evidence and, in the absence of evidence to the contrary, shall be conclusive evidence of the matters contained therein. 24U. Other offences with respect to register of provisional licensed valuers . A person shall not- (a) alter any entry lawfully made in the register of provisional licensed valuers or any particulars lawfully contained in a licence unless he is authorized under this Act to do so; (b) make an entry in the register of provisional licensed valuers or insert any particular in or make an endorsement on a licence which, to his knowledge, is false; (c) make or produce to the Board any statement which, to his knowledge, is false with the intent that he or another person should be granted a licence.". 40. Amendment of s. 25. Section 25 of the Principal Act is amended by inserting after subsection (2) the following subsections:- " (3) Notwithstanding the provisions of subsection (1) of this section, a provisional licensed valuer may value land or an estate or interest in land in accordance with the classification

Valuationof Land Act and Another Act Amdt Act 1971, No. 78 1,003 and geographical limits referred to in section 24E of this Act and applicable to him and otherwise in accordance with the terms and conditions of his licence and with this Act. (4) A person shall not at any time act as or represent himself in any way to be a provisional licensed valuer unless he is at that time licensed as a provisional licensed valuer under this Act.". 41. Amendment of s. 29. Section 29 of the Principal Act is amended by inserting after subsection (2) the following subsection:- " (3) In this section the term " valuers " means registered valuers, persons to whom subsection (2) of section 25 of this Act applies, and provisional licensed valuers.".