Valuation of Land Variation Regulations 2009 (SA)

South Australia

Valuation of Land Variation Regulations 2009

under the Valuation of Land Act 1971

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Valuation of Land Regulations 2005

1. Substitution of Schedule 2

   Schedule 2—Fees and allowances

Part 1—Preliminary

1—Short title

These regulations may be cited as the Valuation of Land Variation Regulations 2009.

2—Commencement

These regulations come into operation on the day on which they are made.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Valuation of Land Regulations 2005

4—Substitution of Schedule 2

Schedule 2—delete the Schedule and substitute:

Schedule 2—Fees and allowances

1—Interpretation
In this Schedule—
residential land means—
(a)     land designated on the valuation roll as being subject to residential land use; or
(b)     other vacant land (not exceeding 5 000 square metres) zoned for residential purposes under a Development Plan under the Development Act 1993.
2—Complexity categories
For the purposes of clause 4(2), the Valuer‑General may, but need not, assign a complexity category to a review (with complexity category 1 being the least complex and complexity category 5 being the most complex) having regard to the following factors:
(a)     the number of hours required to conduct the review;
(b)     the nature and scale of improvements on the land;
(c)      the nature and scale of site contamination on the land;
(d)     the need for any additional investigation, consultation or expertise in relation to the review;
(e)      whether limited market evidence is available due to the uniqueness, specialisation or location of the land or improvements on the land;
(f)      the application of section 22A or 22B of the Act in relation to the valuation;
(g)      any other factor that affects the complexity of the review.
3—Fees
(1)			For a copy of the valuation roll (section 21 of Act)—for each $10 000 of capital value of the land to which the roll relates		15.08 cents
(2)			On an application for a review of a valuation (section 25B of Act)—
(a)     of land used by the applicant solely as his or her principal place of residence		$85
(b)     of any other land		$210
(3)			For a certified copy of, or extract from, any entry in a valuation roll (section 32 of Act)		$32
4—Allowances for review of valuation under Valuation of Land Act 1971 (section 25A(8)) or Local Government Act 1999
(1)			Base allowance for a review of a valuation—
(a)     of residential land—
(i)      if the valuation does not exceed $1 000 000		$400
(ii)     if the valuation exceeds $1 000 000		$600
(b)     of other land—
(i)      if the valuation does not exceed $5 000 000		$800
(ii)     if the valuation exceeds $5 000 000 but does not exceed $20 000 000		$1 200
(iii)     if the valuation exceeds $20 000 000 but does not exceed $60 000 000		$1 600
(iv)     if the valuation exceeds $60 000 000 but does not exceed $90 000 000		$2 000
(v)     if the valuation exceeds $90 000 000		$2 400
However, if the panel member has received a copy of the application for review and submissions of the applicant and Valuer‑General but the review is not completed because the objection involves a question of law, the application for review is withdrawn or for some other reason approved by the Valuer‑General, the base allowance is reduced to $200.
(2)			Complexity allowance (if the review is assigned a complexity category under clause 2)—
(a)     complexity category 1		$200
(b)     complexity category 2		$400
(c)      complexity category 3		$600
(d)     complexity category 4		$800
(e)      complexity category 5		$1 000
(3)			Travel allowance—if the Valuer‑General is satisfied that the panel member is reasonably required to visit the land for the purposes of the review, the panel member is entitled to the following allowances:
(a)     if the panel member travels by road vehicle—$1 for each kilometre travelled over 200 kilometres
(b)     if the Valuer‑General is satisfied that travel by sea or air is reasonably required—the cost of that travel at economy class rates
(c)      if the Valuer‑General is satisfied that overnight accommodation for the panel member is reasonably required—expenses incurred for accommodation for a maximum of 2 nights and a maximum of $110 per night

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 27 August 2009

No 223 of 2009

MFI09/011