Valuation of Land Acts Amendment Act of 1959 (8 Eliz Ii No. 51) (Qld)

202 C^ueettalanh ANNO OCTAVO ELIZABETHS SECUNDAE REG1NAE. No. 51. An Act to Amend "The Valuation of Land Acts, 1944 to 1958," in certain particulars. [A ssented to 21 st D ecember , 1959.] E it enacted by the Queen’s Most Excellent Majesty, B 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. Principal Act. Collective title. 1. (1.) This Act may be cited as “ The Valuation of Land Acts Amendment Act of 1959.” (2.) “ The Valuation of Land Acts , 1944 to 1958,” are in this Act referred to as the Principal Act. (3.) The Principal Act and this Act may be collectively cited as “ The Valuation of Land Acts, 1944 to 1959.”

8 E liz . II. No. 51,1959. Valuation of Land, Etc., Act. 203 Act i2s . amSuebnsdeecdtiobny, oinnethoefdseeficntiiotinonfi“veOwofnetrhe” , Pinrsinerctipinagl oAfms. en5d(m1)e.nt after the words “ or by a Local Authority ” the words, “ or by a Harbour Board 3. Section twenty of the Principal Act is amended— Amendments of s. 20. (a) By repealing in subsection one the words “ stating fully and in detail the grounds on which he relies and the amount which, in his opinion, should be the valuation of the subject land ” ; and (ft) By adding to subsection two the following paragraphs :— “ The Valuer-General and the owner may, by mutual consent, confer before the Valuer-General makes a decision upon the objection. Such conference shall not be limited to the grounds, if any, stated in the objection. Any such conference shall be without prejudice, and in any appeal under section twenty-one of this Act evidence of the proceedings at such conference shall not be given by or on behalf of either the Valuer-General or the owner concerned, nor shall the Valuer-General or such owner, or any witness on behalf of either of them, be cross-examined on such proceedings.” J 4. The Principal Act is amended by repealing Repeal of section twenty-one and inserting, in lieu of that repealed sa. n2d1n. ew section, the following section :— “ [2i.] (1.) Subject to this section an owner who Appeal vhaalsuadtiuolny moabdjeecbtyedthetoVatlhueer- VGaelnueerra- lGmenaeyr, ailf daigssaajitnissftieda adugepcaoiinsnisotn with the decision of the Valuer-General upon the tohbejeVctailounero- f objection, appeal to the Land Court. General. (2.) Such an appeal shall not lie unless it is instituted within forty-two days after the giving to the owner concerned by the Valuer-General of notice of his decision upon the objection.

204 Valuation of Land, Etc., Act. 8 Buz. II. No. 51, Such a notice sent by post shall, unless the contrary be proved, be deemed to have been so given when it would have been delivered in the ordinary course of the post. (<?.) An appeal under this section shall be instituted by filing in the Land Court registry a notice of appeal. Such notice shall state the grounds of appeal and the appeal shall be limited to the grounds so stated, and the burden of proving any and every such ground shall be upon the owner. Such notice shall also state the amount which in the opinion of the appellant should be the valuation of the subject land. The appellant shall forthwith, after filing such notice in the Land Court registry, serve a copy thereof on the Valuer-General. (4.) For the purpose of hearing and determining any appeal under this section the Land Court shall in the first instance be constituted by one member thereof sitting alone. (5.) If aggrieved with the decision of the Land Court upon any appeal under this section, the Valuer- General or the owner may appeal to the Land Appeal Court. Such an appeal shall be by way of a rehearing. The member of the Land Court who constituted such Court in the first instance shall not sit upon the Land Appeal Court as constituted for such hearing. (6.) The owner or the Valuer-General may appeal from the decision of the Land Appeal Court to the Full Court of the Queensland Supreme Court on the ground, that the decision is erroneous in point of law or is in excess of jurisdiction. If desirous of so appealing the owner or the Valuer- General shall, within forty-two days after the pronouncing of the decision, apply in writing to the Land Appeal Court to state and sign a case setting forth the facts and the grounds of decision for appeal therefrom to the said Full Court.

1959. Valuation of Land, Etc., Act. (7.) Upon an appeal under this subsection the Land Court or, upon the rehearing of any such appeal, the Land Appeal Court may— (a) Affirm the valuation appealed against; or ( b) Reduce or increase the amount of that valuation to the extent necessary in its opinion to determine the same correctly under, subject to, and in accordance with this Act, and, subject to section twenty-two of this Act, make such order as it deems fit with respect to the payment of costs. (8.) Subject to this section the provisions of Divisions III., IV., and V. of Part II. of “ The Land Acts, 1910 to 1959,” and of the rules thereunder relating to the Land Court, the Land Appeal Court and appeals to the Supreme Court of Queensland shall, with and subject to all necessary adaptations, * apply for the purposes of this section. The power to make rules under such lastmentioned Acts shall include power to make, in relation to the Land Court, the Land Appeal Court, or appeals to the Full Court of the Supreme Court of Queensland under this section, additional such rules, or rules amending or substituted for subsisting such rules, as necessary or convenient to provide for and regulate practice and procedure in respect of appeals under this section. (9.) A Judge of the Supreme Court or a member of the Land Court shall not, by reason only that land owned by him is subject to valuation under this Act, be deemed to be interested in or be debarred from dealing with any matter upon which he may be called to adjudicate under this section. (10.) (a) This subsection applies to every valuation which came into force on or after the thirtieth day of June, one thousand nine hundred and fifty-eight, and before the date of the passing of “ The Valuation of Land Acts Amendment Act of 1959.” j (b) Any owner may, whether or not he has objected to the Valuer-General against any valuation to which this subsection applies, appeal under this section to the Land Court against such valuation.

206 Valuation of Land, Etc., Act. 8 E liz . II. No. 51, - Such an appeal shall not lie unless it is instituted within forty-two days after the date of the passing of “ The Valuation of Land Acts Amendment Act of 1959,” or, in the case of any such owner to whom the Valuer-General gives, after such date, notice of the Valuer-General’s decision upon an objection duly made, within forty-two days after the Valuer-General shall have given such notice to him. (c) Where an appeal to a Judge of the Supreme Court sitting in Court against a valuation to which this subsection applies duly instituted before the date of the passing of “ The Valuation of Land Acts Amendment Act of 1959,” is not finally determined as at such date, the owner may within the time prescribed by paragraph (b) of this subsection institute an appeal under this section to the Land Court or he may continue such appeal to a Judge of the Supreme Court sitting in Court, but if he does so he shall be bound by the decision thereon and shall have no right of appeal to the Land Court in respect of such valuation. The provisions, relating to an appeal against a valuation to a Judge of the Supreme Court sitting in Court, of section twenty-one of “ The Valuation of Land Acts , 1944 to 1958,” which section was repealed by “ The Valuation of Land Acts Amendment Act of 1959,” shall be deemed to continue in force with respect to every such appeal which is continued pursuant to the provisions of this paragraph. Save as provided by this paragraph, no appeal against a valuation to which this subsection applies instituted before the date of the passing of “ The Valuation of Land Acts Amendment Act of 1959,” shall be continued on or after such date. (d) Where an owner who duly objected to a valuation to which this subsection applies does not appeal under this section the amount of such valuation shall be— (i.) The amount of such valuation according to the decision of the Valuer-General upon the objection; or (ii.) If an appeal against the decision of the Valuer-General upon the objection was instituted and finally determined before the

1959. Valuation of Land, Etc., Act. 207 passing of “ The Valuation of Land Acts Amendment Act of 1959,” the amount of such valuation according to such final determination. (11,) Any objection or appeal duly made or instituted against any valuation or altered valuation which came into force on a date before the thirtieth day of June, one thousand nine hundred and fifty-eight, and not decided or determined at the passing of “ The Valuation of Land Acts Amendment Act of 1959,” may be continued and decided, and an appeal against the decision of the Valuer-General upon any such objection may be instituted, heard and determined as if such Act had not been passed.” 5. Section twenty-two of the Principal Act is Amendment amended by repealing the word “objection” and of8‘22' inserting, in lieu of that repealed word, the words “ notice of appeal ”.