Valuation of Land Acts Amendment Act of 1947 (11 Geo Vi No. 28) (Qld)

134 LAND. PART IV.- - - - - - - - - - - - - - - - - - - - - - - - - O A F M " E T N H D E MEWNATRS Valuation of Land Acts Amendment Act. 11 GEO. VI. No. 28, SERVICE LAND SETTLEMENT . ACAQCUTISIOTFION th " at owner i • ll exchange £ or I and owned by hl' m, or, as the 1945." case may be, in payment or satisfaction in whole or in part for land acquired from him under this Act, and in the case of such exchange, the land exchanged therefor by that owner shall become Crown land and be deemed to have been acquired under this Act. (4.) Lands separated by a road or watercourse shall for the purposes of this section be deemed to be adjacent. In this section the term "owner" means, as respects land held for an estate of leasehold from the Crown, the lessee." 11 N G O E . O 2 . 8 V . I. An Act to Amend "The Valuation of Land Acts, VALALUNADTIAOCNTSOF 1944 to 1946 , " in certain particulars. AMENDMENT ACT OF 1947. [ASSENTED TO 23RD OCTOBER, 1947.J B" E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. This Act may be cited as "The Valuation of and t t' Land Acts Amendment Act of 1947," and shall be read cons ruc IOn. as one with *" The Valuation of Land Acts, 1944 to 1946," herein referred to as the Principal Act. Ctitollel.ective citedTahse " P T r h in e ci V p a a l l u A at c io t n an o d f L t a h n is d A A c c t ts m , a19y4c4o t l o le 1 c 9 ti 4 v 7 e . l " y be Amendments of the Principal Act. Amendment 2. Subsection four of section three of the Principal ofs. 3 (4). Act is amended as follows :_ (a) In paragraph (b) thereof the words "in the District in which such Area is situated" are repealed and the words " in its Area " are inserted in lieu of such repealed words. * 8 G. 6 No. 3 and amending Acts.

LAND. 1947. Valuation of Land Acts Amendment Act. (b) The following subparagraphs are added to paragraph (d) thereof, namely:- "Paragraph (iii.) of subsection two of section fifty of *" The Local Government Acts, 1936 to 1943," as in force immediately prior to the first day of July, one thousand nine hundred and forty-six, shall, notwithstanding the repeal of such paragraph by this Act, be deemed to have continued, and to continue, in force for the purposes of and as respects inquiries by a valuer making any fresh valuation authorised by this subsection. Subsection two of section twenty-four of *" The Local Government Acts, 1936 to 1943," and section 36B of t" The Oityof Brisbane Acts, 1924 to 1943," and the Ordinances thereunder relating to appeals against valuations as respectively in force immediately prior to the first day of July, one thousand nine hundred and forty-six, shall, notwithstanding the repeal of such subsection, section, and Ordinances or any of them by this Act, be deemed to have continued, and to continue, in force for the purposes of and as respects any appeal against a fresh valuation made under this subsection. Any document being or purporting to be a notice, or a copy of a notice, to the Valuer-General of a transac- tion relating to the acquisition or disposal of land shall be, and it is hereby declared always was, admissible in evidence in proceedings for the hearing and determination of any such appeal and shall, until the contrary is proved, be evidence of the facts stated in such document. The Valuation Court for any Area shall, as soon as conveniently may be after the passing of t" The Valuation of Land Acts Amendment Act of 1947, ' ~ proceed to hear and determine every appeal against a fresh valuation made under this subsection, the hearing and determination of which was theretofore refused by the Valuation Court for such Area, and for that purpose may enter all necessary adjournments. Moreover where notice in writing of appeal against a fresh valuation made under this subsection has been given to the Local Authority concerned before the date of the passing of t" The Valuat1~ on of Land Acts Amendment Act of 1947," such appeal shall be entertained and the * I G. 6 No. I and amending Acts. t 15 G. 5 No. 32 and amending Acts. t This Act. 135

136 LAND. Valtwtion of Land Acts Amendment Act. 11 GEO. VI. No. 28, Valuation Court for the Area in question shall, as soon as conveniently may be, hear and determine such appeal notwithstanding that such notice was not so given within the time specified in paragraph (i.) of subsection two of section twenty-four of *" The Local Government Acts, 1936 to 1943." " (c) In the first subparagraph of paragraph (h) thereof the word "District" is repealed and the word " Area " is inserted in lieu of such repealed word. (d) The second subparagraph of paragraph (h) thereof is repealed and the following subparagraph is inserted in lieu thereof, namely :- " Upon completion of a fresh valuation of all such lands as aforesaid situated in any Area the Valuer- General shall give to the Local Authority of such Area (including Brisbane City Council as respects the Area of the City of Brisbane) and to the respective owners of such lands notice in writing of such valuation, and thereupon such valuation shall, subject to objection or appeal under this Act, have force and effect." Amendment 3. In section five of the Principal Act the definition ofs.5. " " Roll" or " valuation roll" " is repealed and the following definition is inserted in lieu thereof, namely :- " "Roll" or " valuation roll "-The valuation roll for an Area." Amendment 4. Section eight of. the Principal Act is amended ofs.8. by inserting, before the last paragraph thereof, the following paragraph, namely :- "Any District Valuer, valuer, or officer appointed under this Act shall, if and when required by the Valuer- General to do so, make an oath or declaration, in the manner and form prescribed, to maintain secrecy in conformity with the provisions of this section." Amendment 5. Section eleven of the Principal Act is amended of s. 11. as follows :_ (a) In subsection one thereof the word" district" is repealed and the word "Area" is inserted in lieu thereof. * 1 G. 6 No. 1 and amending Acts.

LAND. 137 1947. Valuation of Land Acts Amendment Act. (b) In paragraph (i.) of subsection two thereof the word "district" is repealed and the word " Area" is inserted in lieu thereof. (c) In paragraph (ii.) of subsection two thereof the words" a district" are repealed and the words " an .Area " are inserted in lieu thereof, and the words "the district concerned" are repealed and the words "such Area" are inserted in lieu thereof. (d) In the marginal note to paragraph (ii.) of sub- section two thereof the words " a district " are repealed and the words " an Area " are inserted in lieu thereof. (e) In subsection three thereof the word" district" is repealed and the word "Area" is inserted in lieu thereof, and the words "any such district concerned " are repealed and the words "such Area" are inserted in lieu thereof. 6. Section thirteen of the Principal Act is amended Amendment as follows :_ of s. 13. (a) In subsection one thereof the word "district" is repealed and the word " Area" is inserted in lieu thereof. (b) The following subparagraph is inserted after subparagraph (c) of the first paragraph of subsection two thereof, namely :- "or (d) Unless by reason of flood, cyclone, or some other adverse natural cause over which the owner had no control, such land has been permanently damaged and the Valuer-General is of opinion that the valuation of such land has altered." 7. Subsection three of section fifteen of the Principal Amendment Act is amended by repealing the word "district" and of s. 15. inserting the word "Area" in lieu thereof, and by repealing the word" districts" and inserting the word " Areas" in lieu thereof. 8. Section seventeen of the Principal Act is amended Amendment by repealing the word" district" and by inserting the ofs. 17. word " Area" in lieu of such repealed word. 9. Paragraphs (ii.), (iii.) and (iv.) of subsection four Amendment of section twenty-one of the Principal Act are repealed of8. 21 (4). and the following paragraphs are inserted in lieu thereof, namely:- "(ii.) Such appeal shall be heard and determined at that one of the following places at which it appears

13b LAND. Valuation of Land Acts Amendment Act. 11 GEO. Vi. No. 28, that such hearing could most conveniently take place having regard in particular to the saving of time and expense to the appellant, that is to say- (a) The place at which the office of the Clerk of the Area in which the land the subject- matter of the appeal is situated, if such place is a place appointed for holding Courts of Petty Sessions; or (b) A place appointed for holding Courts of Petty Sessions within the Area in which the land the subject-matter of the appeal is situatcd; or (c) If there is no place appointed for holding Courts of Petty Sessions within the Area in which the land the subject-matter of the appeal is situated, a place outside such Area appointed for holding Courts of Petty Sessions. The appeal may be lawfully heard and determined at any such place notwithstanding that the land in question is situated without the petty sessions district for which such place is a place appointed for holding Courts of Petty Sessions. An appellant who resides elsewhere than on the land in question shall not be entitled to have his appeal heard at a place appointed for holding Courts of Petty Sessions outside the Area in which such land is situated if, except for the saving of time and expense to him, there would not be a manifest preponderance of convenience in hearing such appeal at such place. (iii.) Notice in writing of such appeal shall be sent to the District Valuer for the Valuation District con- cerned addressed to him at his office in such district. .Such District Valuer shall, as soon as may be, inform the Valuation Court of such appeal by notification in writing to the Clerk of Petty Sessions at the place at which in his opinion the appeal is to be heard and determined in accordance with the provisions of paragraph (ii.) of this subsection, and the appeal shall thereupon be heard and determined at that place unless an application for an adjournment to another place made under this paragraph is granted.

LAND. 1947. Valuation of Land Acts Amendment Act. If at or before the hearing of the appeal, upon application in that behalf made by or on behalf of the appellant, it appears to the Stipendiary Magistrate or Acting Stipendiary Magistrate by whom the Valuation Court at such place will be or is constituted, that the hearing could (regard being had to the provisions of paragraph (ii.) of this subsection) more conveniently take place at another place at which the appeal may lawfully be heard, such Stipendiary Magistrate or Acting Stipendiary Magistrate may adjourn the matter to such other place : Provided that the decision of the Stipendiary Magistrate or Acting Stipendiary Magistrate upon such application shall be final and conclusive. (iv.) The Stipendiary Magistrate or Acting Stipendiary Magistrate constituting the Valuation Court shall fix the date of hearing." 139 10. The following section is inserted after section New s. 2lA twenty-one of the Principal Act, namely:- inserted. "[21A.] The Valuer-General may after receiving Altera~ ion of notice of . appeal alter the val . uation in accordance with v a fia ~ tlua ~ tlO t n ~ · the reqUIrements of such notICe and may not less than of appeal· fourteen days before the commencement of the sittings ::d e~ ect of the Court at which the appeal is to be heard give ereo. notice of such alteration to the appellant and to the Land Court or Valuation Court, as the case requires, and thereupon the appeal shall be determined. Moreover the Valuer-General may after receiving notice of appeal reduce the valuation and may not less than fourteen days before the commencement of the sittings of the Court at which the appeal is to be heard give notice of such reduction to the appellant who may not less than seven days before the commencement of the said sittings give to the Valuer-General and to the Land Court or Valuation Court, as the case requires, notice that he accepts the valuation as reduced and thereupon the appeal shall be determined. If .the appellant does not give such notice the valuation as reduced shall be deemed to be the valuation appealed against."

140 LAND. Valuation ot Land Acts Amendment Act. 11 GEO. VI. No. 28, Amendment 11. Subsection one of section twenty-six of the of s. 26 (I). Principal Act is repealed and the following subsection is inserted in lieu thereof, namely :- " (1.) . (i.) The Valuer-General shall, as soon as is reasonably practicable after the valuation for any Area has been proclaimed to be in operation in such Area, furnish a copy of the valuation roll or of such portions of the valuation roll as may be required to the Commis- sioner of Land Tax and thereafter shall, when and so often as any amendment of such valuation roll or portion or portions thereof is made, furnish to the said Commis- sioner a statement showing such amendment. (ii.) The Valuer-General shall, as soon as is reason- ably practicable after the valuation for any Area has been proclaimed to be in operation in such Area, furnish a copy of the valuation roll to the Local Authority for such Area and thereafter shall, when and so often as any amendment of such valuation roll is made, furnish to such Local Authority a statement showing such amendment. Fees as prescribed shall be payable by every such Local Authority to the Valuer-General." Amendment 12. In section thirty-one of the Principal Act the of s: In. words " or held under lease or license from the Crown, " are inserted after the words "held in fee-simple" wherever such lastmentioned words appear in the said section. Amendment 13. The following subsection is added to section ofa.32. thirty-two of the Principal Act, namely:- "(7.) All returns, notices, and information required under this Act shall (except where otherwise specified by this Act) be furnished or sent to the Valuer-General at his office on or before such days as may be notified or prescribed. A return, notice, or any information shall be deemed to have been not duly furnished or sent to the Valuer-General unless and until such return, notice, or information has been received by the officer authorised by him to have the custody of such return, notice, or information." . Amendment 14 Clause two of Schedule I. to the Principal Act ofSch. I. is repealed.

LAND. 141 1~ ) 4 7. Yaltlation of Land ~ 4, cts Amendment Act. 15. In Schedule IV. to the Principal Act the lists Amendm~ llt set out in the third column of Areas of Local Authorities of Sch. lV. comprising the respective Valuation Districts· set out in the first column are amended as follows : - (a) The words " Shire of Gatton " are inserted after the words "Shire of Esk" in the list of such Areas comprising the West Moreton Valuation District. (b) The words "Shire of Gatton" are repealed where such words appear in the list of such Areas com- prising the Downs Valuation District. (c) The words" Shire of Monto " are repealed where such words appear in the list of such Areas comprising the Wide Bay and Burnett Valuation District. (d) The words " Shire of Jericho " are inserted after the words " Shire of Fitzroy " and the words " Shire of Monto" are inserted after the words" Shire of Miriam Vale" in the list of such Areas comprising the Rock- hampton and Central Valuation District. (e) The words "Shire of Jericho" are repealed where such words appear in the list of such Areas com- prising the Central-Far Western Valuation District. (f) The words" Shire of Carpentaria " are inserted after the words" Shire of Burke " and the words" Shire of Croydon" are inserted after the words "Shire of Cloncurry" in the list of such Areas comprising the North-Western Valuation District. (g) The words "Shire of Carpentaria" and the words" Shire of Croydon" are repealed where such words appear in the list of such Areas comprising the Cairns and Northern Valuation District. 16. Subsection six of section twenty-six of *" Thecertainlawa Local Government Acts, 1936 to 1943," as in force;I?ea~e~ by immediately prior to the coming into operation of t" TheA~ ~ n~ ~ ~ived. Valuationof LandAct of 1944," shall be, and is hereby declared to be, revived on and from the passing of t" The Valuation of Land Acts Amendment Act of 1947 " ; and such revived subsection shall, on and from the date of the passing of such lastmentioned Act, continue of force. and effect as if it had never been repealed by t" The Valuation of Land Act of 1944." * 1 G. 6 No. 1 and amending Acts. t 8 G. 6 No. 3. t This Act.