Valuation of Land Amendment Act 2008 (Qld)

Queensland Valuation of Land Amendment Act 2008 Act No. 10 of 2008

Queensland Valuation of Land Amendment Act 2008 Contents Part 1 1 2 Part 2 Division 1 3 Division 2 4 5 5A 6 7 8 Division 3 9 10 11 12 13 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of Valuation of Land Act 1944 Preliminary Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendments taken to have commenced on 1 July 2002 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 3 (Meaning of unimproved value) . . . . . . . . . . . 5 Amendment of s 4 (Meaning of improved value) . . . . . . . . . . . . . 5 Amendment of s 5 (Meaning of value of improvements) . . . . . . . 6 Amendment of s 23 (Chief executive may value stratum or volumetric lot) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of s 47 (Valuation rolls—particulars and form) . . . . . 6 Amendments commencing on assent Insertion of new s 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 27 Valuation of prescribed land . . . . . . . . . . . . . . . . . . . . 7 Amendment of s 67 (Practice and procedure for appeals) . . . . . . 9 Replacement of s 70 (Costs of appeal against valuation) . . . . . . 9 70 Costs of appeal against valuation. . . . . . . . . . . . . . . . 9 Amendment of pt 9 hdg (Transitional provisions) . . . . . . . . . . . . . 10 Insertion of new pt 9, divs 2 and 2A . . . . . . . . . . . . . . . . . . . . . . . 10 Division 2 Declaration about non-commencement of legislation 101 Non-commencement of legislation . . . . . . . . . . . . . . . 10 Division 2A Transitional provision for Valuation of Land Amendment Act 2008 101A Past valuations of part 1 prescribed land . . . . . . . . . . 11

Valuation of Land Amendment Act 2008 Contents 14 Part 3 15 16 17 Insertion of new schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule Prescribed land Amendment of Valuation of Land Regulation 2003 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of s 3 (Non-physical improvements that are intangible improvements—Act, s 6(5)) . . . . . . . . . . . . . . . . . . . . . Omission of s 5 (Valuing intangible improvements—Act, s 35A) . 13 17 18 18 Page 2 2008 Act No. 10

Queensland Valuation of Land Amendment Act 2008 Act No. 10 of 2008 An Act to amend the Valuation of Land Act 1944 and the Valuation of Land Regulation 2003 [Assented to 17 March 2008]

Valuation of Land Amendment Act 2008 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Valuation of Land Amendment Act 2008 . 2 Commencement (1) Part 2, other than division 3, is taken to have commenced on 1 July 2002. (2) Part 3 is taken to have commenced on 31 August 2003. Part 2 Amendment of Valuation ofLand Act 1944 Division 1 Preliminary 3 Act amended in pt 2 This part amends the Valuation of Land Act 1944. Division 2 Amendments taken to have commenced on 1 July 2002 4 Amendment of s 2 (Definitions) Section 2— Page 4 2008 Act No. 10

Valuation of Land Amendment Act 2008 Part 2 Amendment of Valuation of Land Act 1944 [s 5] insert— ‘ development approval see the Integrated Planning Act 1997 , schedule 10. hotel licence means a licence under the Liquor Act 1992 . local planning instrument see the IntegratedPlanningAct1997 , schedule 10. property identification number , for a parcel of land, means the property identification number assigned to the parcel in the valuation roll.’. 5 Amendment of s 3 (Meaning of unimproved value ) Section 3— insert— ‘(2A) The assumption mentioned in subsection (1), definition unimproved value , paragraph (b) is limited to the notional removal of the improvements only as at the time of valuation. ‘(2B) For subsections (1) and (2), the unimproved value of land includes any increase in the value of the land that has happened in connection with— (a) a local planning instrument; or (b) a development approval or other approval or authority under an Act, other than a hotel licence, relating to the land or an improvement of the land. ‘(2C) Nothing in subsection (1) or (2) requires an assumption, in relation to improved land, that the improvements have never been made.’. 5A Amendment of s 4 (Meaning of improved value ) Section 4, definition improved value , after ‘fee simple of the land’— insert— ‘, including improvements,’. 2008 Act No. 10 Page 5

Valuation of Land Amendment Act 2008 Part 2 Amendment of Valuation of Land Act 1944 [s 6] 6 Amendment of s 5 (Meaning of value of improvements ) Section 5(2), ‘amount’— omit, insert— ‘cost’. 7 Amendment of s 23 (Chief executive may value stratum or volumetric lot) (1) Section 23(2)(a), ‘had not been made’— omit, insert— ‘did not exist’. (2) Section 23— insert— ‘(2A) The assumption mentioned in subsection (2)(a) is limited to the notional removal of the improvements only as at the time of valuation. ‘(2B) The unimproved value of a stratum or volumetric lot includes any increase in the value of the stratum or volumetric lot that has happened in connection with— (a) a local planning instrument; or (b) a development approval or other approval or authority under an Act, other than a hotel licence, relating to the stratum or volumetric lot or an improvement of the stratum or volumetric lot.’. 8 Amendment of s 47 (Valuation rolls—particulars and form) (1) Section 47(1)(d)— renumber as section 47(1)(e). (2) Section 47(1)— insert— Page 6 2008 Act No. 10

Valuation of Land Amendment Act 2008 Part 2 Amendment of Valuation of Land Act 1944 [s 9] ‘(d) a property identification number for each parcel of land;’. Division 3 Amendments commencing on assent 9 Insertion of new s 27 After section 26C— insert— ‘27 Valuation of prescribed land ‘(1) When issuing an annual valuation for prescribed land, its unimproved value must be calculated by multiplying its current unimproved value by the commercial land index. ‘(2) When issuing an alteration of a valuation for prescribed land because of a change in its area, its unimproved value must be calculated by changing its current unimproved value by an amount proportionate to the change in area. ‘(3) For the first time on or after the commencement day that the unimproved value of prescribed land is calculated under subsection (1) or (2), its current unimproved value (that is, the value that is multiplied by the commercial land index under subsection (1) or changed under subsection (2)) is taken to be the amount calculated by— (a) starting with— (i) if the land was prescribed land on 30 June 2003—its unimproved value effective immediately before that day; or (ii) otherwise—the first unimproved value to have effect for the land after it became prescribed land; and (b) for the period on and from 30 June 2003 until immediately before the commencement day— 2008 Act No. 10 Page 7

Valuation of Land Amendment Act 2008 Part 2 Amendment of Valuation of Land Act 1944 [s 9] (i) when an annual valuation for the land was issued—multiplying the current unimproved value by the commercial land index; and (ii) when an alteration of a valuation for the land was issued because of a change in the area of the land—changing the current unimproved value by an amount proportionate to the change in area. ‘(4) For subsection (1) or (3)(b)(i), the commercial land index applying to prescribed land when an annual valuation for the land is issued is the number calculated, to 2 decimal places, using the formula— - A -- B where— A is the total unimproved value of all local commercial land under the new annual valuation as at the day of issue. B is the total unimproved value of the same local commercial land effective as at the day of issue. Example — On 20 February, the chief executive issues an annual valuation for particular prescribed land ( parcel X ). The only local commercial land on 20 February consists of parcels Y and Z. The total unimproved value of parcels Y and Z effective on 20 February is $100 million. The total unimproved value of parcels Y and Z under the new annual valuation, as at 20 February, is $105 million. The commercial land index is 105 million divided by 100 million, which is 1.05. So the new annual valuation for parcel X must be calculated by multiplying its existing unimproved value by 1.05. ‘(5) The reference in subsection (3)(b)(i) to an annual valuation does not include an annual valuation issued under section 102, for the period of 12 months starting on 30 June 2004, for use only for land tax purposes. ‘(6) To remove any doubt, it is declared that this section does not affect the unimproved value of any land that was effective at any time before the commencement day. Page 8 2008 Act No. 10

Valuation of Land Amendment Act 2008 Part 2 Amendment of Valuation of Land Act 1944 [s 10] ‘(7) In this section— commencement day means the day this section commences. commercial land means freehold land, other than prescribed land, valued as commercial land under the valuation roll. issue an annual valuation or alteration of valuation means give a notice of valuation for the annual valuation or alteration of valuation. local commercial land means commercial land situated in a local government area, other than the local government area of the Brisbane City Council, in which any prescribed land is situated. prescribed land means land that, under the schedule, is prescribed land.’. 10 Amendment of s 67 (Practice and procedure for appeals) (1) Section 67(2) and (3)— renumber as section 67(3) and (4). (2) Section 67— insert— ‘(2) The Land Court Act 2000 , section 74(2) does not apply to an appeal under section 65.’. 11 Replacement of s 70 (Costs of appeal against valuation) Section 70— omit, insert— ‘70 Costs of appeal against valuation ‘(1) Subject to subsection (2), each party to an appeal must bear the party’s own costs for the appeal. ‘(2) The court may only order costs for an appeal, including allowances for witnesses attending for giving evidence at the appeal, as it considers appropriate in the following circumstances— 2008 Act No. 10 Page 9

Valuation of Land Amendment Act 2008 Part 2 Amendment of Valuation of Land Act 1944 [s 12] (a) the court considers the appeal, or part of the appeal, to have been frivolous or vexatious; (b) a party has not been given reasonable notice of intention to apply for an adjournment of the appeal; (c) a party has incurred costs because the party is required to apply for an adjournment because of the conduct of the other party; (d) a party has incurred costs because another party has defaulted in the court’s procedural requirements; (e) without limiting paragraph (c), a party has incurred costs because another party has introduced, or sought to introduce, new material; (f) a party does not properly discharge the party’s responsibilities in the appeal.’. 12 Amendment of pt 9 hdg (Transitional provisions) Part 9, heading, after ‘Transitional’— insert— ‘ and declaratory ’. 13 Insertion of new pt 9, divs 2 and 2A Part 9— insert— ‘Division 2 Declaration about non-commencement of legislation ‘101 Non-commencement of legislation ‘(1) The Valuation of Land Amendment Act 2003 No. 35 is taken to have never commenced. ‘(2) Subsection (1)— Page 10 2008 Act No. 10

Valuation of Land Amendment Act 2008 Part 2 Amendment of Valuation of Land Act 1944 [s 13] (a) does not apply for the purpose of a legal proceeding decided before the commencement of this section; and (b) otherwise applies for all purposes, including an objection or decision made, or legal proceeding (including an appeal from a legal proceeding mentioned in paragraph (a)) started but not decided, before the commencement of this section. ‘(3) The Natural Resources and Other Legislation Amendment Act 2004 No. 4, section 56C is taken to have never commenced. ‘Division 2A Transitional provision for Valuation of Land Amendment Act 2008 ‘101A Past valuations of part 1 prescribed land ‘(1) This section applies to part 1 prescribed land in relation to the period on and from 30 June 2003 until immediately before the commencement day (the prescribed period ). ‘(2) On the issue, during the prescribed period, of an annual valuation for part 1 prescribed land, the unimproved value of the land is taken to have been whichever of the following is less— (a) the annual valuation that was issued; (b) the indexed valuation for the land. ‘(3) On the issue, during the prescribed period, of an alteration of a valuation for part 1 prescribed land because of a change in its area, the unimproved value of the land is taken to have been whichever of the following is less— (a) the alteration that was issued; (b) the indexed valuation for the land. ‘(4) For subsection (2)(b) or (3)(b), the indexed valuation for part 1 prescribed land is calculated by— (a) starting with an indexed valuation of the land equal to— 2008 Act No. 10 Page 11

Valuation of Land Amendment Act 2008 Part 2 Amendment of Valuation of Land Act 1944 [s 13] (i) if the land was part 1 prescribed land on 30 June 2003—its unimproved value effective immediately before that day; or (ii) otherwise—the first unimproved value to have effect for the land after it became part 1 prescribed land; and (b) for the prescribed period— (i) when an annual valuation for the land was issued—multiplying the indexed valuation by the commercial land index; and (ii) when an alteration of a valuation for the land was issued because of a change in the area of the land—changing the indexed valuation by an amount proportionate to the change in area. ‘(5) The commercial land index applying to part 1 prescribed land when an annual valuation for the land was issued is the number calculated, to 2 decimal places, using the formula— - A -- B where— A is the total unimproved value of all local commercial land under the new annual valuation as at the day of issue. B is the total unimproved value of the same local commercial land effective as at the day of issue. ‘(6) A reference in subsection (2) or (4)(b)(i) to an annual valuation does not include an annual valuation issued under section 102, for the period of 12 months starting on 30 June 2004, for use only for land tax purposes. ‘(7) If subsection (2)(b) or (3)(b) applies in relation to an annual valuation or alteration of valuation— (a) as soon as is practicable after the commencement day, the chief executive must give a notice under section 41A or 50 stating the unimproved value that applies under subsection (2)(b) or (3)(b); and Page 12 2008 Act No. 10

Valuation of Land Amendment Act 2008 Part 2 Amendment of Valuation of Land Act 1944 [s 14] (b) the chief executive must make an appropriate amendment of the valuation roll; and (c) there is taken to have been an alteration of the land’s valuation that enables an adjustment to be made to rates payable under the LocalGovernmentAct1993 or the CityofBrisbaneAct1924 , rental payable under the Land Act 1994 or land tax payable under the Land TaxAct 1915. ‘(8) For subsection (7)(a), a notice may be given under section 41A despite the time within which a notice is otherwise required to be given under section 41A(1). ‘(9) Subsections (2) and (3) do not limit the provisions of this Act about objections or appeals that apply in relation to an annual valuation or alteration. ‘(10) Section 33 applies to an annual valuation or alteration of valuation that is given effect under this section. ‘(11) In this section— commencement day means the day this section commences. commercial land means freehold land, other than prescribed land, valued as commercial land under the valuation roll. issue an annual valuation or alteration of valuation means give a notice of valuation for the annual valuation or alteration of valuation. local commercial land means commercial land situated in a local government area, other than the local government area of the Brisbane City Council, in which any prescribed land is situated. part 1 prescribed land means land that, under the schedule, is part 1 prescribed land. prescribed land means land that, under the schedule, is prescribed land.’. 14 Insertion of new schedule After part 9— 2008 Act No. 10 Page 13

Valuation of Land Amendment Act 2008 Part 2 Amendment of Valuation of Land Act 1944 [s 14] insert— ‘Schedule Prescribed land sections 27 and 101A Notes to schedule 1 The table below lists particular shopping centres and, for each shopping centre, states— (a) in column 2—the property identification number or numbers that, on the commencement day, are assigned the parcel or parcels comprising the land on which the shopping centre is situated; and (b) in column 3—any other property identification numbers that, during the prescribed period, were assigned to parcels comprising the land on which the shopping centre was situated. 2 For section 27, the following land is prescribed land— (a) land comprised of a parcel that, on the commencement day, has a property identification number listed in column 2; (b) land that, under this Act, is included in the same valuation as land mentioned in paragraph (a). 3 For section 27, land mentioned in note 2(a) continues to be prescribed land even if, after the commencement day, it is comprised of a parcel with a different property identification number to the number listed in column 2. 4 For section 27(3), land is taken to be prescribed land at a particular time during the prescribed period if, at that time, it was comprised of a parcel with a property identification number mentioned in column 2 or 3. 5 For section 101A, land is taken to be part 1 prescribed land at a particular time during the prescribed period if, at that time, it Page 14 2008 Act No. 10

Valuation of Land Amendment Act 2008 Part 2 Amendment of Valuation of Land Act 1944 [s 14] was comprised of a parcel with a property identification number mentioned in part 1, column 2 or 3. 6 In this schedule— commencement day means the day this schedule commences. prescribed period means the period on and from 30 June 2003 until immediately before the commencement day. Part 1 Column 1 Shopping centre Column 2 Property identification number on the commencement day Column 3 Previous property identification numbers Australia Fair Shopping 40364674, 40364676, 7049020, 40147559 Centre 40147558 Centro Toombul 1204243 Grand Central 3416302 Grand Plaza Shopping 144937 Centre Indooroopilly Shopping 40769274, 30000325, 1311823 Centre 1307756 Mt Ommaney Shopping 9102283 Centre Pacific Fair Shopping 593499 Centre Robina Town Centre 7022433 Runaway Bay Shopping 7031810 Village Stockland Townsville 5132554 2008 Act No. 10 Page 15

Valuation of Land Amendment Act 2008 Part 2 Amendment of Valuation of Land Act 1944 [s 14] Column 1 Shopping centre Column 2 Property identification number on the commencement day Column 3 Previous property identification numbers Westfield Chermside 40763582 40163530 Westfield Garden City 40334384 Part 2 Column 1 Shopping centre Column 2 Property identification number on the commencement day Column 3 Previous property identification numbers Aspley Hypermarket 1162924 Brookside Shopping Centre Cairns Central Shopping Centre Caneland Central 1249656 40003491 884587 Capalaba Central Shopping Centre 8015934 Capalaba Park Shopping Centre 216209 Logan Hyperdome Shopping Centre 113605 Morayfield Shopping 40016409 Centre Noosa Civic Shopping 40772565 Centre Page 16 2008 Act No. 10

Valuation of Land Amendment Act 2008 Part 3 Amendment of Valuation of Land Regulation 2003 [s 15] Column 1 Shopping centre Redbank Plaza Smithfield Shopping Centre Stockland Cairns Stockland Rockhampton Sunshine Plaza Shopping Centre Toowong Village Shopping Centre Westfield Carindale Westfield Helensvale Westfield Strathpine Column 2 Property identification number on the commencement day Column 3 Previous property identification numbers 40723840 354220 5232215 5014425 789067 40223774, 24000701, 2018551, 40335637 1225197 40258073 40733383 40282064’. 40617291, 24001240, 40287327, 40388949 Part 3 Amendment of Valuation of Land Regulation 2003 15 Regulation amended in pt 3 This part amends the Valuation of Land Regulation 2003 . 2008 Act No. 10 Page 17

Valuation of Land Amendment Act 2008 Part 3 Amendment of Valuation of Land Regulation 2003 [s 16] 16 Omission of s 3 (Non-physical improvements that are intangible improvements—Act, s 6(5)) Section 3— omit. 17 Omission of s 5 (Valuing intangible improvements—Act, s 35A) Section 5— omit. © State of Queensland 2008 Page 18 2008 Act No. 10