Valuation of Land Acts Amendment Act of 1950 (15 Geo Vi No. 4) (Qld)

LAND. 153 15 GEO. VI. No. 4, 1950. Valuation of Land Acts, Etc., Act. 15 GEO. VI. No. 4. THE VALUATION OF - - - - - - - - - - - - - - - - - - - - - - - LAND ACTS AMENDMENT An Act to Amend "The Valuation of Land Acts, A1O9T50O.F 1944 to 1949," in certain particulars. [ASSENTED TO 13TH DECEMBER, 1950.] 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:- 1. This Act may be cited as "The Valuation of Short title Land Acts Amendment Act of 1950," and shall be read ~~~ struction. as one with *" The Valuation of Land Acts, 1944 to 1949," herein referred to as the Principal Act. . The Principal Act and this Act may be collectively qollective cited as " The Valuation of Land Acts, 1944 to 1950." tItle. 2. Paragraph (f) of subsection four of section three Amendment of the Principal Act is amended by adding to the first ofs. 3 (4) (f). subparagraph thereof the words" or make any alteration or amendment in the valuation of any parcel of land the unimproved value of which has been altered by the acquisition or loss of a license, assignment to a sugar mill, or other right or privilege the value of which is or was deemed to form part of the unimproved value of that land ". 3. Section five of the Principal Act is amended by Amendment repealing the definition of the term "Owner" and by of s. 5. inserting, in lieu of that repealed definition, the following definition, namely :- "" Owner "-The term owner shall, in relation to Owner. land, have the meaning assigned to it by t" The LocaZ Government Acts, 1936 to 1949 " ;". 4. Subsection one of section eleven of the Principal Amendment Act is amended by adding thereto the following of s. 11 (1). paragraph, namely:- " In making, pursuant to the foregoing provisions of this subsection, the valuation of the unimproved value- (a) Of land held from the Crown for an estate of leasehold upon a tenure which is subject to any restriction, limitation, or other onerous covenant or condition; or * 8 G. 6 No. 3 and amending Acts. t 1 G. 6 No. 1 and amending Acts.

154 LAND. Val1wtion of Land Acts, Etc., Act. 15 GEO. VI. No. 4, (b) Of land (whether freehold or land held from the Crown for an estate of leasehold) the .unimproved value whereof is enhanced by a license, assignment to a sugar mill, or other right or privilege which is subject to any restriction, limitation, or other onerous covenant or condition, the unimproved value or, as the case requires, the enhancement in the unimproved value of that land shall be ascertained without regard to that restriction, limitation, or, as the case may be, other covenant or condition.', oAfm 8 e . n1d3m( 2e) n. t Act 5 is . Samubesnedcetidonbtywoinosfesreticntigo,n athftiertreesnubopf athraegPraripnhcip (d a ) l of the first paragraph thereof, the followingsubparagraph, namely:- "or (e) Unless the unimproved value of that parcel of land is altered by the acquisition or loss during that period of a license, assignment to a sugar mill, or other right or privilege the value of which is deemed to form part of the unimproved value of that land." Repeal of 6. Section eighteen of the Principal Act is repealed a s. n 1 d 8 n . ew and the following section is inserted in lieu thereof, namely:- o r A o f m l v l. e a n u ld a m tl ~ O n n t W h en"e[ 1v8e. r]- (1.) The valuation roll shall . be amended (a) An alteration is made, under and pursuant to section thirteen of this Act, in the valuation of any parcel of land; (b) There is a change in the ownership or an alteration in any other particular recorded therein in respect of the valuation of any parcel of land; or (c) Any parcel of land is omitted from or erroneously described in that roll or other particulars of a parcel of land or of its value . have been omitted from or erroneously entered in that roll; or (d) The Valuer-General considers it necessary to correct any other error or omission in respect of any valuation in or from that roll.

LAND. 155 1950. Valuation of Land Acts, Etc., Act. (2.) Every amendment of any valuation roll and being an alteration made in the unimproved value of a parcel of land shall be deemed to be a valuation and the provisions of this Act respecting notice of valuation, -objection, and appeal shall apply and extend accordingly." 7. Section nineteen of the Principal Act is amended Amendment by repealing the words " or appeal" where those. words of s. 19. :appear in the first paragraph of that section. ninet 8 e . enTohfethfoellPorwinincgipasleActciot, nniasminesleyr:te-d after section iNneswertse.d. 19A " [19 A.] (1.) Where a change in the ownership of Right of new land occurs subsequent to the giving of a notice of~ ;; ro~ valuation in respect of that land the new owner may, objection subject to this section, object against that valuation and, or appeal. if he is dissatisfied with the decision of the Valuer-General upon that objection, appeal against that valuation. (2.) If an objection or appeal as aforesaid was made or instituted by the former owner prior to the change in ownership then the new owner shall have the right to carry on in his own name that objection or appeal but he shall not be entitled in that case to himself make or institute a fresh objection or, as the case may be, appeal. (3.) All of the provisions of this Part of this Act shall, subject to subsection two of this section, apply and extend for the purposes of this section excepting that- (a) The new owner shall not be entitled to be given a fresh notice of valuation, but he shall be deemed to have received the notice of valuation given to the former owner and to have received it when it was so given; and \b) Any and every period of time specified in this Part of this Act and, as respects an appeal from the Land Court to the Land Appeal Court, the period of time within which that appeal may be instituted shall run against a fresh owner as if he had been the owner upon the first day of that period of time. (4.) This section shall apply and extend with respect to an objection or an appeal or a right to object or to appeal against a va.luation subsisting at the passing of *" The Valuation of Land Acts Amendment Act of 1950"." * This Act.

156 LAND. Valuation of Land Acts, Etc., Act. 15 GEO. VI. No. 4, s aR. . ne 2 dp 2 en . aelwof repea 9 le . dSeacntdionthetwfeonltloyw- tiwngo soefctitohne isPriinnsceiprtaeld Ainctlieius thereof, namely:- aCLpoapsnetunaloCftoourt the v " a [ l 2 u 2 e .] ofWthheerlea,nudpaosnfiannalalyppdeeatleramgianinedst bayvtahleuaLtiaonnd, . ACoroptuporetaL.la, nd vCaoluuret sotra, tuepdobnyatphpeeaol,wbnyertihne hLisanodbjAepctpieoanl aCgoauinrtstisththaet valuation made to the Valuer-General, or is nearer to that value than to the valuation appealed against, costs shall be awarded against the Valuer-General. Otherwise . costs shall be awarded against the owner." New s. 24A 1O. The following section is inserted after section inserted. twenty-four in Part VI. of the Principal Act, namely:- Objection " [24A.] (1.) Subject to the provisions of this section,. ZIh~ ' : ly to any Local Authority which is dissatisfied with the valuation. valuation of any land within its Area made by the Valuer-General under this Act on the ground that such valuation is lower than the correct valuation may post to or lodge with the Valuer-General an objection in writing against the valuation, stating that ground and setting out fully and in detail the reasons for relying thereon. (2.) An objection by a Local Authority against the valuation of any land shall be posted to or lodged with the Valuer-General within forty-two days after that Local Authority has been furnished by the Valuer- General with a copy of the valuation roll or part of the valuation roll setting forth the particulars in respect of that valuation or with the statement showing the amendment of the valuation roll or part of the valuation roll and being an alteration made in the unimproved value of that land, as the case may be. (3.) The Valuer-General shall with all reasonable despatch consider the objection, and may either disallow it or allow it either wholly or in part. (4.) The Valuer-General shall give the Local Authority objecting written notice of his decision on the objection, and, if by his decision the valuation has been altered, shall also give notice of such alteration to the owner of the land in question.

LAND. 157 1950. Valuation of Land, Etc., Act. (5.) The decision of the Valuer-Generi11 upon an objection by a Local Authority shall, as regards the Local Authority, be final and the Local Authority shall have no right whatsoever of appeal against that decision. Every decision of the Valuer-General upon an objection made by a Local Authority altering the valuation of any land shall, for the purposes of the provisions, other than this section, of this Part of this Act, be deemed to be a fresh valuation of that land, and the provisions, other than this section, of this . Part of this Act shall apply and extend accordingly." . 11. Section twenty-eight of the Principal Act is Amendment amended as follows :_ of s. 28. (a) Subsection one thereof is repealed and the following subsection is inserted in lieu of that repealed subsection, namely:- "(1.) On application in writing and on payment Cer~ ified of the prescribed fee the Valuer-General shall supply to ~ ~ P~ : : r~ ~ ts any person, in such form as the Valuer-General may ~ romentries determine, a certified copy of or a certified extract from~ : ; :r~ ~a­ the particulars in respect of any valuation entered in a valuation roll. Such certified copy or certified extract shall for all purposes and in all proceedings be evidence of the matters and things stated therein and that any valuation mentioned therein has been duly made under and in accordance with the provisions of this Act." (b) The following subsection is added thereto, namely:- " (3.) Upon payment of the prescribed fee the Power to Valuer-General may supply to any person particulars ~ ufply t' or information contained in any notice given to the ~ : : : : : : e~ on Valuer-General under the provisions of section thirty-one i~ notices o f t h I · S Act." upnvdeenr s. 31.