South Australian Current Acts South Australian Current Acts169—Objections to valuations made by council
(1) A person who is
dissatisfied with a valuation made by a valuer employed or engaged by a
council may—
(a)
object to the valuation.
(2) An objection
cannot be taken under subsection (1)(a) if it involves a question of law.
(3) An
objection—
(a) must
be made to the council in writing (setting out a full and detailed statement
of the grounds on which the objection is based); and
(b) must
be made within 60 days after the date of service of the notice of the
valuation to which the objection relates (unless the council, in its
discretion, allows an extension of time for making the objection).
(4) For the purposes
of determining the period within which an objection to a valuation must be
made—
(a) a
notice of the valuation sent by post to a person at the address for the person
shown in the assessment record will be taken to be served at that address at
the end of the second day after the day on which it was sent by post unless it
is proved that it was not delivered to that address at all; and
(b) an
apparently genuine document purporting to be issued by a council and to
certify that a specified notice was sent by post on a specified day to a
specified person at a specified address will, in the absence of proof to the
contrary, constitute proof of the matters so certified.
(5) The council must
refer the objection to the valuer who made the valuation and request the
valuer to reconsider the valuation.
(6) If, on
reconsideration, the valuer thinks that the valuation should be altered, the
valuation will be altered in accordance with the valuer's opinion.
(7) The council must
give the objector written notice of the outcome of his or her objection.
(8) If the objector
remains dissatisfied with the valuation, the objector may request the council
to refer the valuation to the Valuer-General for further review.
(9) A request under
subsection (8)—
(a) must
be made in the prescribed manner and form; and
(b) must
be made within 21 days after the objector receives notice of the outcome of
his or her initial objection (unless the council, in its discretion, allows an
extension of time for making the request); and
(c) must
be accompanied by the prescribed fee.
(10) The council must
refer the request to the Valuer-General and the matter will then be referred
to a valuer selected from a panel of valuers constituted under Part 4 of the
Valuation of Land Act 1971 in accordance with procedures set out in that
Act.
(11) The valuer to
whom the matter is referred under subsection (10) will carry out the
review in the same manner as a review under the Valuation of Land
Act 1971 (and both the objector and the council may make representations
in accordance with that Act to the valuer on the subject matter of the
review).
(12) If the valuer
considers that the valuation should be altered, the valuation will, subject to
subsection (13), be altered in accordance with the valuer's opinion.
(13) A valuation will
not be altered on the review if the alteration would have the effect of
increasing or decreasing the valuation by a proportion of one-tenth or less.
(14) If a valuation is
reduced on the review, the fee paid by the objector under subsection (9)
must be refunded.
(15) A person who is
dissatisfied with—
(a) the
decision of a valuer on reconsideration of a valuation on an objection under
subsection (1)(a); or
(b) the
decision of a valuer after a further review on a request under
subsection (8),
may apply to SACAT for a review of the decision.
(15aa) However, the
right of review conferred by subsection (15)(a) may not be exercised by
the council.
(15a) In connection
with the operation of subsection (15)—
(a) an
application for a review by SACAT must be made within 21 days after the
applicant receives notice of the relevant decision (unless SACAT, in its
discretion, allows an extension of time for making the application); and
(b) a
review by SACAT under this section will be taken to come within SACAT's review
jurisdiction but, in the exercise of this jurisdiction, SACAT will consider
the matter de novo (adopting such processes and procedures, and
considering and receiving such evidence or material, as it thinks fit for the
purposes of the proceedings); and
(c)
without limitation, a variation made by SACAT on the review of a valuation may
consist of an increase or decrease in the valuation.
(16) A prescribed fee
is payable by the council to the Valuer-General in relation to a review
conducted on the Valuer-General's reference under this section.
(17) No objection to a
valuation may be made under this section if—
(a) the
valuation is yet to be adopted by the council; or
(b) the
valuation was adopted by the council in relation to a previous financial year.