EXPLANATORY STATEMENT
Issued by the authority of the Assistant Minister for Regional Development and Territories, Parliamentary Secretary to the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development
Norfolk Island Act 1979
Norfolk Island Continued Laws (Land Valuation) Ordinance 2019
Authority
The Norfolk Island Act 1979 (the Act) provides for the government of the Territory of Norfolk Island.
Section 19A of the Act provides that the Governor-General may make Ordinances for the peace, order and good government of the Territory of Norfolk Island.
The Norfolk Island Continued Laws (Land Valuation) Ordinance 2019 (the Ordinance) amends the:
- Norfolk Island Continued Laws Ordinance 2015 (the Continued Laws Ordinance)
with the effect of:
- amending the Land Valuation Act 2012 (NI) (the Land Valuation Act).
Under section 17 of the Act, Norfolk Island laws continued in force under either section 16 or 16A of the Act may be amended or repealed by an Ordinance made under section 19A.
Purpose and operation
The Ordinance amends the Land Valuation Act to improve its operation. The primary change is removal of the requirement for an objection conference to be held before an objection to a valuation can be taken to the Administrative Appeals Tribunal (AAT).
The AAT will usually hold a conference in an attempt to resolve the issue in dispute before it proceeds to a hearing. If a matter remains unresolved after the first conference, a second conference or other forms of dispute resolution, such as mediation and conciliation, may also be used. The requirement for an objection conference to be held before the matter can be progressed to the AAT is proposed to be removed because it duplicates the AAT’s conference process and can cause unnecessary delays in resolving a dispute.
Other minor amendments will improve administration of the Land Valuation Act including:
- excluding an owner’s name and address from information about the valuation roll given out by the Valuer-General to protect an owner’s privacy,
- removing the need for ‘change of ownership notices’ instead allowing for the Registrar of Titles to directly update the valuation roll, and
- removing the requirement for an authorised person to stay in the vicinity of the place where damage has occurred, instead, the authorised person must leave a notice.
Consultation
The Norfolk Island Chief Magistrate, the Valuer-General and Registrar of Titles were consulted during the drafting of the Ordinance.
The Norfolk Island community, including the Norfolk Island Regional Council, was also invited to make submissions to a Consultation Paper outlining the proposed changes to the Land Valuation Act.
Details of the Ordinance are set out in the Attachment.
The Ordinance is a legislative instrument for the purposes of the Legislation Act 2003.
The Ordinance commences the day after it is registered.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019
This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Ordinance amends the Land Valuation Act to improve its operation. The primary change is removal of the requirement for an objection conference to be held before an objection to a valuation can be taken to the Administrative Appeals Tribunal (AAT).
The AAT will usually hold a conference in an attempt to resolve the issue in dispute before it proceeds to a hearing. If a matter remains unresolved after the first conference, a second conference or other forms of dispute resolution, such as mediation and conciliation, may also be used. The requirement for an objection conference to be held before the matter can be progressed to the AAT is proposed to be removed because it duplicates the AAT’s conference process and can cause unnecessary delays in resolving a dispute.
Other minor amendments will improve administration of the Land Valuation Act including:
- excluding an owner’s name and address from information about the valuation roll given out by the Valuer-General to protect an owner’s privacy;
- removing the need for ‘change of ownership notices’ instead allowing for the Registrar of Titles to directly update the valuation roll; and
- removing the requirement for an authorised person to stay in the vicinity of the place where damage has occurred, instead, the authorised person must leave a notice.
Human rights implications
This Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Assistant Minister for Regional Development and Territories,
Parliamentary Secretary to the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development
The Hon Nola Marino MP
ATTACHMENT
Norfolk Island Continued Laws (Land Valuation) Ordinance 2019
Section 1 – Name
This section provides that the title of the Ordinance is the Norfolk Island Continued Laws (Land Valuation) Ordinance 2019.
Section 2 – Commencement
This section provides for the Ordinance to commence the day after it is registered on the Federal Register of Legislation.
Section 3 – Authority
This section provides that the Ordinance is made under section 19A of the Norfolk Island Act 1979.
Section 4 – Schedules
This section provides that each instrument that is specified in a Schedule to the Ordinance is amended or repealed as set out in the applicable terms in the Schedule concerned, and any other item in a Schedule to this Ordinance has effect according to its terms.
Schedule 1 – Amendments
Norfolk Island Continued Laws Ordinance 2015
Item 1 – Before item 192 of Schedule 1
Item 1 inserts new items before item 192 in Schedule 1 of the Norfolk Island Continued Laws Ordinance 2015 (the Continued Laws Ordinance) which in turn amends the Land Valuation Act 2012 (NI) (the Land Valuation Act).
New item 191C amends subsection 23(1) of the Land Valuation Act to exclude the owner’s name and address from the valuation roll information the Valuer-General must make available in accordance with Chapter 5 of the Land Valuation Act.
New item 191D amends subsection 24(1) to exclude the owner’s name and address from the valuation roll information that must be available for public inspection.
New item 191E amends subsection 24(2) to remove an incorrect cross reference to section 38(1) and include a correct cross reference to section 25(1).
New item 191F repeals the note to subsection 24(2) which noted the incorrect cross reference and is no longer required.
New item 191G amends subsection 25(1) which deals with notices about valuations. The amendment will insert a reference to paragraphs 21(a) and (b) to make it clear the relevant valuations are for all land, as described in these paragraphs.
New item 191H amends the heading before section 28 to remove an incorrect reference to ‘Division 1’ and replace it with a correct reference to ‘this Part’.
New item 191J amends section 28 to remove reference to ‘This division’ and replace it with the correct reference to ‘This Part’.
New item 191K amends paragraph 39(1)(c) to remove the requirement for a new owner to give an ‘ownership change notice’ for the change of ownership of the land to instead allow for the Registrar of Titles to amend the valuation roll to record the change of ownership.
New item 191L repeals paragraph 45(1)(c) removing the requirement for an objection to state the valuation sought if the valuation is more than the relevant amount. This repeal does not prevent an objector from seeking a particular valuation.
New item 191M repeals the definition of relevant amount in para 45(3) which is no longer required.
New item 191N repeals Part 3 of Chapter 3 which deals with conferences about properly made objections. Repealing this Part removes the need for an ‘objection conference’ to be held before an objection to a valuation can be referred to a tribunal. Holding a conference unnecessarily prolongs the resolution of an objection.
New item 191P repeals subsection 64(1) which is no longer required following the repeal of Part 3.
New item 191Q inserts text to subsection 64(2) to clarify the Valuer-General may invite the objector to give the Valuer-General further information for an objection.
New item 191R repeals section 65 which deals with giving information after an objection conference. This section is made redundant by the repeal of Part 3.
New item 191S repeals paragraph 67(2)(a) which is made redundant by the repeal of Part 3 and substitutes a new paragraph which refers to information which is the subject of an invitation under section 64(2).
New item 191T inserts text in paragraph 77(1)(c) to clarify an objection may state a particular valuation sought by an objector.
Item 2 – After item 193 of Schedule 1
Item 2 inserts new items after item 193 in Schedule 1 of the Continued Laws Ordinance which in turn amends the Land Valuation Act.
New item 193AA amends section 101 of the Land Valuation Act to exclude the owner’s name and address from a certified copy of valuation roll information for a particular valuation given to anyone who asks for it and who pays the fee prescribed under a regulation.
New item 193AB repeals subsection 103(1) which deals with information in an ownership change notice. Item 193AI will repeal Part 2 of Chapter 8 which provides for notice of change of ownership.
New item 193AC amends subsection 106(5) and the definition of ‘change-of-ownership information’ to remove reference to an ownership change notice and to instead refer to the most recent change of ownership.
New item 193AD removes the number (1) from section 110, consequential to the repeal of subsection 110(2)
New item 193AE repeals subsection 110(2) and the provision for a statement by a public sector employee to be sufficient evidence of the officer’s authority to appear for the Valuer-General.
New item 193AF repeals subsection 122(4) which deals with the exercise of general powers by an authorised person after entering a place. The repeal removes an inconsistency in the text, whereby the reference to ‘occupier’s consent’ in subsection 122(4) is not consistent with provisions in section 120 allowing authorised persons to access lands, buildings, places, books and papers for the purposes of the Land Valuation Act.
New item 193AG amends subsection 128(4) to remove the requirement for an authorised person to remain in the vicinity of the place where damage has occurred. The authorised person must leave a notice at the place where the damage happened.
New item 193AH amends paragraph 136(1)(a) to include reference to the Registrar of Lands in the list of entities which must give the Valuer-General any information relating to the performance of their functions.
New item 193AI repeals Part 2 of Chapter 8 which requires notice of change of ownership be given to the Valuer-General. This Part is not required as section 100 requires the Registrar of Titles to amend the information recorded in the valuation roll where there is a change in the owner of the land.
New item 193AJ repeals subparagraph 150(1)(b)(i) and the reference to ‘protected information’. This term has not been defined in the Land Valuation Act and could not be relied on to ensure the confidentiality of information.
New item 193AK amends paragraph 150(3)(b) to remove reference to ‘relevant protected person’. This term has not been defined in the Land Valuation Act and could not be relied on to ensure confidentiality of information.
New item 193AL amends the Schedule to repeal the definition of ‘chairperson’. This definition is redundant following the removal of the requirement for an objection conference to be held.
New item 193AM repeals clause 2 of the definition of ‘objection’ in the Schedule. This clause is redundant following the removal of the requirement for an objection conference to be held.
New item 193AN amends the Schedule to repeal the definitions of ‘objection conference’, ‘ownership change notice’ and ‘party’. These definitions are redundant following the removal of the requirement for an objection conference to be held.