Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
VALUATION OF LAND AMENDMENT BILL 2006
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - VALUATION OF LAND ACT 2001 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 5 amended (Valuer-General)
6. Section 6 amended (Deputy Valuer-General and other officers)
7. Section 7 amended (Qualifications of Valuer-General, &c.)
8. Section 8 amended (Secrecy)
9. Section 9 amended (Appointment of tender committee)
10. Section 10 amended (Functions of tender committee)
11. Section 11 amended (Duty of Valuer-General to make
valuations)
12. Section 18 amended (Lands to be separately valued in certain
cases)
13. Section 20 amended (Fresh valuations: When made)
14. Section 21 amended (Supplementary valuations)
15. Section 23 amended (Returns by owners)
16. Section 24 amended (Valuation rolls)
[Bill 33]-IV
17. Section 25 amended (Effective date of valuations)
18. Section 27 amended (Notice of valuation)
19. Section 28 amended (Objection to valuation)
20. Section 30 amended (Consideration of objections by Valuer-
General)
21. Part 6: Heading amended
22. Section 31 amended (Arbitrators for fresh valuations)
23. Section 44 amended (New valuation on application of owner,
&c.)
24. Sections 45 and 46 substituted
45. Valuation lists
46. Cost recovery
25. Section 47 amended (No alterations to be made to valuation lists
except with Valuer-General's consent)
26. Section 49 amended (Use of valuations under this Act for taxes
and rates)
27. Section 50 amended (Rating authority may make interim
assessments)
28. Part 9A inserted
PART 9A - Adjustment Factors
50A. Adjustment factors
50B. Review of determination
29. Section 52 amended (Evidence of valuations)
30. Section 56 amended (Notice of sale, &c., of growing trees)
PART 3 - CROWN LANDS (SHACK SITES) ACT 1997 AMENDED
31. Principal Act
32. Section 17 amended (Rental for replacement lease)
PART 4 - DUTIES ACT 2001 AMENDED
33. Principal Act
34. Section 248 amended (Assessment where consideration
inadequate)
PART 5 - LAND TAX ACT 2000 AMENDED
35. Principal Act
2
36. Section 3 amended (Interpretation)
37. Sections 21 and 22 repealed
38. Section 23 substituted
23. Assessed land value
PART 6 - LOCAL GOVERNMENT ACT 1993 AMENDED
39. Principal Act
40. Section 86 amended (Interpretation of Part 9)
41. Section 89 amended (Adjustments to values)
42. Section 89A amended (Values under Valuation of Land Act 2001
to be used as basis of rates)
3
4
VALUATION OF LAND AMENDMENT BILL 2006
(Brought in by the Minister for Primary Industries and Water,
the Honourable David Edward Llewellyn)
A BILL FOR
An Act to amend the Valuation of Land Act 2001, the
Crown Lands (Shack Sites) Act 1997, the Duties Act 2001,
the Land Tax Act 2000 and the Local Government Act 1993
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Valuation of Land
Amendment Act 2006.
2. Commencement
This Act commences on a day to be proclaimed.
[Bill 33] 5
Valuation of Land Amendment Act 2006
Act No. of
s. 3 Part 2 - Valuation of Land Act 2001 Amended
PART 2 - VALUATION OF LAND ACT 2001
AMENDED
3. Principal Act
In this Part, the Valuation of Land Act 2001* is
referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definition
before the definition of "Agency":
"adjustment factor" means an
adjustment factor determined by
the Valuer-General under
Part 9A;
(b) by inserting the following definition after
the definition of "Agency":
"approved form" means a form
approved by the Valuer-General
for the purposes of this Act;
(c) by inserting the following definitions
after the definition of "assessed annual
value":
*No. 102 of 2001
6
Valuation of Land Amendment Act 2006
Act No. of
Part 2 - Valuation of Land Act 2001 Amended s. 4
"building of a prescribed class"
means -
(a) a dwelling house; or
(b) a building that is used, or
designed for use, as a
professional chambers or
for the carrying on of any
trade, business or
manufacture; or
(c) a hotel, public house or
theatre;
"business day" means a day on which
the office of the Valuer-General
is open for business;
(d) by inserting the following definition after
the definition of "capital value":
"certified copy", in respect of an
entry on a valuation roll, means a
copy of that entry that -
(a) is certified by the Valuer-
General or an officer
acting on the Valuer-
General's behalf to be a
copy of the public record;
or
(b) in the case of a copy
created by a facsimile or
electronic transmission
process, has recorded on
7
Valuation of Land Amendment Act 2006
Act No. of
s. 4 Part 2 - Valuation of Land Act 2001 Amended
it by that process an
indication that the
transmission creating the
copy was initiated by the
Valuer-General and a
record of the time and
date of the transmission;
(e) by inserting the following definitions
after the definition of "court":
"demolish" includes unroof, remove
doors and windows, partly
demolish and otherwise make
unusable;
"dwelling house" includes a boarding
house and a lodging house;
(f) by inserting the following definition after
the definition of "foundations":
"fresh valuation" means a fresh
valuation made under section 20;
(g) by omitting the definition of
"Government Valuation Services";
(h) by omitting the definition of "outer
islands";
(i) by inserting the following definition after
the definition of "owner of land":
"qualified person" means -
(a) a person who is qualified
to carry on business as a
8
Valuation of Land Amendment Act 2006
Act No. of
Part 2 - Valuation of Land Act 2001 Amended s. 4
land valuer under section
4 of the Land Valuers Act
2001; and
(b) a body corporate of which
at least one of the
directors or employees is
qualified to carry on
business as a land valuer
as mentioned in section 5
of the Land Valuers Act
2001;
(j) by inserting the following definition after
the definition of "subdivide":
"supplementary valuation" means a
valuation made under section 18
or 21;
(k) by omitting "and includes the
Government Valuation Services" from
the definition of "valuation contractor";
(l) by omitting the definition of "valuation
list" and substituting the following
definition:
"valuation list" means a valuation
list, supplementary valuation list
or particulars of adjustment
factors referred to in section 45;
9
Valuation of Land Amendment Act 2006
Act No. of
s. 5 Part 2 - Valuation of Land Act 2001 Amended
5. Section 5 amended (Valuer-General)
Section 5 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (b) in subsection (3):
(ba) to determine adjustment factors
as provided by Part 9A;
(b) by inserting in subsection (3)(c) "the
administration of" after "responsible
for";
(c) by inserting the following subsection
after subsection (3):
(4) Subsection (3)(c) does not
prevent a rating authority from
taking any action, with the
approval of the Valuer-General,
against a valuation contractor to
recover loss arising from a
contract for the provision of
valuation services.
6. Section 6 amended (Deputy Valuer-General and
other officers)
Section 6 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "the"
and substituting "a";
10
Valuation of Land Amendment Act 2006
Act No. of
Part 2 - Valuation of Land Act 2001 Amended s. 7
(b) by omitting from subsection (2) "The"
and substituting "A".
7. Section 7 amended (Qualifications of Valuer-
General, &c.)
Section 7(1) of the Principal Act is amended by
inserting "a" after "Valuer-General or".
8. Section 8 amended (Secrecy)
Section 8(1) of the Principal Act is amended by
omitting "the Deputy" from the definition of
"officer" and substituting "a Deputy".
9. Section 9 amended (Appointment of tender
committee)
Section 9 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"revaluation of" and substituting "fresh
valuation for";
(b) by omitting from subsection (2)(c)
"revaluation" and substituting "fresh
valuation";
(c) by inserting the following paragraph after
paragraph (c) in subsection (2):
11
Valuation of Land Amendment Act 2006
Act No. of
s. 10 Part 2 - Valuation of Land Act 2001 Amended
(ca) a representative of the Local
Government Association of
Tasmania; and
10. Section 10 amended (Functions of tender
committee)
Section 10(c) of the Principal Act is amended by
omitting "negotiated by the Valuer-General
under section 20(5) or (6)" and substituting
"procured by the Valuer-General under
section 20".
11. Section 11 amended (Duty of Valuer-General to
make valuations)
Section 11 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) The Valuer-General must, subject
to this section, make valuations of
the land values, capital values and
assessed annual values of all
lands within each valuation
district, including any Crown
lands that are liable to be rated in
accordance with Part 9 of the
Local Government Act 1993.
(b) by omitting from subsection (2) "Subject
to subsection (1)(b), a valuation or
12
Valuation of Land Amendment Act 2006
Act No. of
Part 2 - Valuation of Land Act 2001 Amended s. 12
revaluation" and substituting "A
valuation";
(c) by omitting paragraph (b) from
subsection (3);
(d) by omitting from subsection (3)(c)
"assess the annual value" and
substituting "determine the assessed
annual values";
(e) by omitting from subsection (3)(e)
"subject to paragraph (b),";
(f) by omitting subsection (6).
12. Section 18 amended (Lands to be separately valued
in certain cases)
Section 18(1) of the Principal Act is amended by
omitting "fresh" and substituting
"supplementary".
13. Section 20 amended (Fresh valuations: When made)
Section 20 of the Principal Act is amended as
follows:
(a) by omitting subsections (1), (2), (3), (4),
(5), (6) and (7) and substituting the
following subsections:
(1) A fresh valuation of all lands
within each valuation district is to
be made within a period of 7
13
Valuation of Land Amendment Act 2006
Act No. of
s. 13 Part 2 - Valuation of Land Act 2001 Amended
years after the date on which the
last such valuation under this Act
came into force.
(2) A fresh valuation of all lands
within each valuation district may
be made at any time within the
period of 7 years if the Valuer-
General, in consultation with the
relevant rating authority,
considers it proper to do so.
(3) The Minister may call for tenders
for a fresh valuation for a
valuation district.
(4) Any qualified person may submit
a tender.
(5) Where -
(a) no tender is recommended
by the Committee under
section 10 or accepted by
the Minister; and
(b) the Valuer-General has
advised the Committee
that there is sufficient
time for a fresh valuation
to be made under this
section -
the Committee must so report to
the Minister who must, on
considering the report, direct
that -
14
Valuation of Land Amendment Act 2006
Act No. of
Part 2 - Valuation of Land Act 2001 Amended s. 13
(c) the tender be re-
advertised; or
(d) the fresh valuation be
deferred; or
(e) the Valuer-General
arrange for the provision
of valuation services on
such reasonable terms and
conditions as the Valuer-
General may procure,
including the use of State
Service officers or State
Service employees.
(6) Where -
(a) no tender is recommended
by the Committee under
section 10 or accepted by
the Minister; and
(b) the Valuer-General has
advised the Committee
that it is necessary to
expedite the fresh
valuation to ensure
compliance with
subsection (1) -
the Committee must so report to
the Minister who must, on
considering the report, direct
that -
15
Valuation of Land Amendment Act 2006
Act No. of
s. 13 Part 2 - Valuation of Land Act 2001 Amended
(c) the tender be re-
advertised; or
(d) the Valuer-General
arrange for the provision
of valuation services on
such reasonable terms as
the Valuer-General may
procure, including the use
of State Service officers
or State Service
employees.
(7) If -
(a) on a tender being re-
advertised under
subsection (6)(c), no
tender is recommended by
the Committee under
section 10; or
(b) the Valuer-General is
unable to make
arrangements for a fresh
valuation under
subsection (6)(d); or
(c) there is a failure to
provide valuation services
as required by a contract
to provide those
services -
the Minister may direct that an
extension of the period required
by subsection (1) be allowed so
16
Valuation of Land Amendment Act 2006
Act No. of
Part 2 - Valuation of Land Act 2001 Amended s. 13
that a fresh valuation can be
completed at the earliest
practicable opportunity and, in
the case of a failure as mentioned
in paragraph (c), may also direct
that the Valuer-General arrange
for the completion of the
valuation services on such
reasonable terms and conditions
as the Valuer-General may
procure, including the use of
State Service officers or State
Service employees.
(b) by omitting from subsection (8)
"Minister" first occurring and
substituting "Valuer-General";
(c) by omitting from subsection (8)(a)
"Minister" and substituting "Valuer-
General";
(d) by inserting in subsection (8)(a)
"valuation" after "a";
(e) by omitting from subsection (8)(b) "7"
and substituting "10 business";
(f) by omitting from subsection (9)
"subsection (2)" and substituting "this
section";
(g) by omitting from subsection (10)
"subsection (2)" and substituting "this
section".
17
Valuation of Land Amendment Act 2006
Act No. of
s. 14 Part 2 - Valuation of Land Act 2001 Amended
14. Section 21 amended (Supplementary valuations)
Section 21 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) The Valuer-General may, without
causing a fresh valuation to be
made of all lands within a
valuation district, at any time
cause a supplementary valuation
of any land to be made for any of
the following reasons:
(a) that the land is not
included in the valuation
then in force;
(b) that the land is of greater
or lesser extent than is
described in the valuation
then in force and that, in
the opinion of the Valuer-
General, the value of the
land has materially
increased or materially
decreased;
(c) that the land has, since the
making of the valuation
then in force, become
rateable or has become
subject to a new or
additional rate;
18
Valuation of Land Amendment Act 2006
Act No. of
Part 2 - Valuation of Land Act 2001 Amended s. 14
(d) that, by reason of the
destruction, modification
or removal of buildings or
other improvements or of
any other cause, the value
of the land has been, in
the opinion of the Valuer-
General, materially
decreased since the
making of the valuation
then in force;
(e) that, by reason of the
erection, modification or
construction of buildings
or other improvements,
the value of the land has
been, in the opinion of the
Valuer-General,
materially increased since
the making of the
valuation then in force;
(f) that, in the opinion of the
Valuer-General, it is
necessary to rectify an
error made at the date of
the valuation then in force
in respect of values or
ownership;
(g) that the land is to be
valued in accordance with
section 18.
19
Valuation of Land Amendment Act 2006
Act No. of
s. 15 Part 2 - Valuation of Land Act 2001 Amended
(b) by inserting in subsection (3)(a) "fresh"
after "last".
15. Section 23 amended (Returns by owners)
Section 23 of the Principal Act is amended as
follows:
(a) by omitting subsections (1) and (2) and
substituting the following subsections:
(1) The Valuer-General may, for the
purpose of -
(a) making any valuation of
the lands or determination
of adjustment factors
within any valuation
district under section 11,
18, 20 or 21; or
(b) exercising powers under
Part 9A -
send to any owner of land in that
valuation district an approved
form, to be completed and
returned by the owner within
such time as the Valuer-General
may determine.
(2) The approved form is to contain
such questions as the Valuer-
General thinks fit with reference
to -
20
Valuation of Land Amendment Act 2006
Act No. of
Part 2 - Valuation of Land Act 2001 Amended s. 16
(a) the area, physical
attributes, quality and use
of any land; and
(b) the nature of the
improvements on the
land; and
(c) any tenancies to which the
land or any part of it may
be subject and the terms
and conditions of those
tenancies; and
(d) transactions for the sale or
purchase of real or
personal property; and
(e) such other information as
the Valuer-General may
require for the purposes of
this Act.
(b) by inserting in subsection (4) ",
adjustment factor" after "a valuation".
16. Section 24 amended (Valuation rolls)
Section 24 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(f)
"land;" and substituting "land -";
(b) by omitting paragraph (g) from
subsection (1);
21
Valuation of Land Amendment Act 2006
Act No. of
s. 17 Part 2 - Valuation of Land Act 2001 Amended
(c) by omitting subsection (2);
(d) by omitting from subsection (4)(a)
"section 20 or 21" and substituting
"section 11, 18, 20 or 21".
17. Section 25 amended (Effective date of valuations)
Section 25 of the Principal Act is amended by
omitting "section 11, 20 or 21" and substituting
"section 11, 18, 20 or 21".
18. Section 27 amended (Notice of valuation)
Section 27 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"section 11, 20 or 21" and substituting
"section 11, 18, 20 or 21";
(b) by omitting from subsection (2)(a) "the
prescribed" and substituting "an
approved".
19. Section 28 amended (Objection to valuation)
Section 28 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
22
Valuation of Land Amendment Act 2006
Act No. of
Part 2 - Valuation of Land Act 2001 Amended s. 19
(1) An owner of land who is
dissatisfied with -
(a) a valuation of that land
made under section 11,
18, 20 or 21; or
(b) the provision of a
certificate under
section 44 -
may, within 60 days after receipt
of a notice under section 27 or the
provision of that certificate, post
to or lodge with the Valuer-
General an objection, in an
approved form, against the
relevant valuation stating fully
and in detail the grounds on
which he or she relies and stating
any changes to the values
specified in that valuation or
certificate which he or she
considers should be made.
(b) by omitting from subsection (2) "the
prescribed" and substituting "an
approved";
(c) by omitting from subsection (3) "the
prescribed" and substituting "an
approved";
(d) by omitting from subsection (4)
"prescribed" and substituting
"approved".
23
Valuation of Land Amendment Act 2006
Act No. of
s. 20 Part 2 - Valuation of Land Act 2001 Amended
20. Section 30 amended (Consideration of objections by
Valuer-General)
Section 30 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"adjustments" and substituting
"amendments";
(b) by omitting subsection (3) and
substituting the following subsection:
(3) Where the Valuer-General
amends the valuation, the Valuer-
General must, in accordance with
section 24, enter the amended
valuation on the valuation roll
and give notice of the amended
valuation in the manner provided
in section 27(2) to the person
making the objection who may
have the matter referred to the
court as provided by
subsection (4) but that person is
not entitled to further object to
the amended valuation.
21. Part 6: Heading amended
Part 6 of the Principal Act is amended by
omitting "ARBITRATION OF
VALUATIONS WITHIN MUNICIPAL
AREAS" from the heading to that Part and
24
Valuation of Land Amendment Act 2006
Act No. of
Part 2 - Valuation of Land Act 2001 Amended s. 22
substituting "ARBITRATION OF FRESH
VALUATIONS".
22. Section 31 amended (Arbitrators for fresh
valuations)
Section 31(1) of the Principal Act is amended by
omitting "municipal revaluations" and
substituting "fresh valuations".
23. Section 44 amended (New valuation on application
of owner, &c.)
Section 44(1) of the Principal Act is amended by
inserting "in an approved form" after
"application".
24. Sections 45 and 46 substituted
Sections 45 and 46 of the Principal Act are
repealed and the following sections are
substituted:
45. Valuation lists
(1) The Valuer-General must, as soon as is
reasonably practicable after the making
of a proclamation of a fresh valuation
under section 20(9) or after exercising
powers under Part 9A, provide to -
(a) the Commissioner of State
Revenue; and
25
Valuation of Land Amendment Act 2006
Act No. of
s. 24 Part 2 - Valuation of Land Act 2001 Amended
(b) any relevant rating authority -
a valuation list -
(c) giving such particulars as the
Valuer-General considers
necessary for the purposes of this
Act with respect to the ownership
and values of all lands within that
valuation district (except such
lands of the Crown as are not
rateable and have not been valued
under this Act); and
(d) certified by the Valuer-General as
being correct -
and the valuation list may include any
adjustment factors applicable to those
lands.
(2) The Valuer-General must, as soon as is
reasonably practicable after the making
of a supplementary valuation under
section 18 or 21, provide to -
(a) the Commissioner of State
Revenue; and
(b) any relevant rating authority -
a supplementary valuation list giving
particulars of all changes in valuations
which have been made in the relevant
valuation roll since the last valuation list
was furnished to the Commissioner or
that rating authority.
26
Valuation of Land Amendment Act 2006
Act No. of
Part 2 - Valuation of Land Act 2001 Amended s. 24
(3) The supplementary valuation list may
include any adjustment factors applicable
to the relevant lands.
46. Cost recovery
(1) A rating authority must pay to the
Valuer-General the cost, as determined
by the Valuer-General, of -
(a) making and furnishing to the
rating authority a valuation list;
and
(b) the provision of supplementary
valuation services as provided by
section 18 or 21.
(2) Before a contract is entered into by the
Minister for the provision of valuation
services under section 20, the Valuer-
General must advise the rating authority
of the methods to be used in determining
the cost under subsection (1).
(3) On confirmation by the Valuer-General
that valuation services have been
provided in accordance with section 20, a
rating authority must pay to the valuation
contractor or, as may be appropriate, to
the Valuer-General, the cost of providing
those valuation services.
(4) An amount payable to the Valuer-
General under this section is a debt due
to the Crown and may be recovered in a
court of competent jurisdiction.
27
Valuation of Land Amendment Act 2006
Act No. of
s. 25 Part 2 - Valuation of Land Act 2001 Amended
25. Section 47 amended (No alterations to be made to
valuation lists except with Valuer-General's
consent)
Section 47(1) of the Principal Act is amended by
omitting "Taxes" and substituting "State
Revenue".
26. Section 49 amended (Use of valuations under this
Act for taxes and rates)
Section 49 of the Principal Act is amended by
inserting "and any applicable adjustment factor
determined under Part 9A" after "roll".
27. Section 50 amended (Rating authority may make
interim assessments)
Section 50 of the Principal Act is amended as
follows:
(a) by omitting subsection (1);
(b) by omitting from subsection (3)
"provided in section 20(2)" and
substituting "mentioned in section 20";
(c) by omitting from subsection (7)
"section 20 or 21" and substituting
"section 11, 18, 20 or 21".
28
Valuation of Land Amendment Act 2006
Act No. of
Part 2 - Valuation of Land Act 2001 Amended s. 28
28. Part 9A inserted
After section 50 of the Principal Act, the
following Part is inserted:
PART 9A - ADJUSTMENT FACTORS
50A. Adjustment factors
(1) For the purposes of this Act, an
adjustment factor is a factor by which, on
a determination made by the Valuer-
General, a valuation in force under this
Act in respect of a valuation district is to
be multiplied so that the value of the
relevant land accords with the values
generally prevailing on the last preceding
1 October.
(2) An adjustment factor may be determined
in respect of the land value, capital value
or assessed annual value of land and may
be applied to -
(a) the whole of the land in a
valuation district; or
(b) any other class or description of
land, as determined by the
Valuer-General, in a valuation
district -
and is to be applied to all land in respect
of which the Valuer-General is required
to make a valuation under this Act.
29
Valuation of Land Amendment Act 2006
Act No. of
s. 28 Part 2 - Valuation of Land Act 2001 Amended
(3) An adjustment factor has effect until it is
replaced by another adjustment factor or
a fresh valuation.
(4) The Valuer-General is to provide a rating
authority, annually or every 2 years, as
the Valuer-General considers expedient,
with an adjustment factor or adjustment
factors in respect of its valuation district.
(5) The Valuer-General is to provide the
Commissioner of State Revenue annually
with an adjustment factor or adjustment
factors in respect of the land value of
land in all valuation districts.
(6) The Valuer-General is not required to
provide an adjustment factor or
adjustment factors in respect of a
valuation district if a new fresh valuation
is to come into force for the next
financial year in respect of that valuation
district.
(7) The Valuer-General is to -
(a) forward a copy of the
determination to any relevant
rating authority and to the
Commissioner of State Revenue
before 1 March in each year or
such other date as may be agreed
with the rating authority or the
Commissioner; and
(b) within 14 days after making the
determination, cause a copy of
30
Valuation of Land Amendment Act 2006
Act No. of
Part 2 - Valuation of Land Act 2001 Amended s. 28
the determination to be published
in the Gazette, on the World
Wide Web and in such other
manner as the Valuer-General
thinks fit.
(8) A failure to comply with the
requirements of subsection (7) does not
invalidate the determination.
50B. Review of determination
(1) An owner of land or a rating authority,
within a period of 30 days after a copy of
a determination is published in the
Gazette under section 50A, may apply to
the Valuer-General for a review of that
determination.
(2) An application for a review of a
determination is to be in writing and
accompanied by a statement of the
grounds on which the application is made
and any supporting evidence on which
the applicant proposes to rely.
(3) As soon as may be practicable, the
Valuer-General is to -
(a) consider the application; and
(b) affirm or vary the determination
to which it relates.
(4) The Valuer-General is to -
31
Valuation of Land Amendment Act 2006
Act No. of
s. 29 Part 2 - Valuation of Land Act 2001 Amended
(a) give notice in writing of any
variation or affirmation to the
applicant; and
(b) cause a copy of any varied
adjustment factor to be published
as provided by section 50A(7)(b).
(5) A determination varied under this section
has the same effect as if it had been made
under section 50A.
(6) A determination, affirmation or variation
made by the Valuer-General under this
Part is not subject to review under the
Judicial Review Act 2000.
29. Section 52 amended (Evidence of valuations)
Section 52 of the Principal Act is amended as
follows:
(a) by omitting subsection (1);
(b) by inserting in subsection (2) "in an
approved form" after "application";
(c) by omitting from subsection (4)
"writing" and substituting "an approved
form".
32
Valuation of Land Amendment Act 2006
Act No. of
Part 2 - Valuation of Land Act 2001 Amended s. 30
30. Section 56 amended (Notice of sale, &c., of growing
trees)
Section 56 of the Principal Act is amended by
omitting "such manner as may be prescribed"
and substituting "an approved form".
33
Valuation of Land Amendment Act 2006
Act No. of
s. 31 Part 3 - Crown Lands (Shack Sites) Act 1997 Amended
PART 3 - CROWN LANDS (SHACK SITES) ACT 1997
AMENDED
31. Principal Act
In this Part, the Crown Lands (Shack Sites) Act
1997* is referred to as the Principal Act.
32. Section 17 amended (Rental for replacement lease)
Section 17(1) of the Principal Act is amended by
omitting "and forwarded to the Commissioner of
Taxes under section 21(4) of the Land Tax Act
2000" and substituting "under section 50A of
that Act".
*No. 87 of 1997
34
Valuation of Land Amendment Act 2006
Act No. of
Part 4 - Duties Act 2001 Amended s. 33
PART 4 - DUTIES ACT 2001 AMENDED
33. Principal Act
In this Part, the Duties Act 2001* is referred to
as the Principal Act.
34. Section 248 amended (Assessment where
consideration inadequate)
Section 248(2) of the Principal Act is amended
by omitting "the last adjustment factor
determined" and substituting "an amount
representing the latest estimated trend in capital
values as advised".
*No. 15 of 2001
35
Valuation of Land Amendment Act 2006
Act No. of
s. 35 Part 5 - Land Tax Act 2000 Amended
PART 5 - LAND TAX ACT 2000 AMENDED
35. Principal Act
In this Part, the Land Tax Act 2000* is referred
to as the Principal Act.
36. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
omitting the definition of "adjustment factor".
37. Sections 21 and 22 repealed
Sections 21 and 22 of the Principal Act are
repealed.
38. Section 23 substituted
Section 23 of the Principal Act is repealed and
the following section is substituted:
23. Assessed land value
The assessed land value of land is the
land value as determined under the
Valuation of Land Act 2001 on applying
any relevant adjustment factor
determined under Part 9A of that Act.
*No. 74 of 2000
36
Valuation of Land Amendment Act 2006
Act No. of
Part 6 - Local Government Act 1993 Amended s. 39
PART 6 - LOCAL GOVERNMENT ACT 1993
AMENDED
39. Principal Act
In this Part, the Local Government Act 1993* is
referred to as the Principal Act.
40. Section 86 amended (Interpretation of Part 9)
Section 86 of the Principal Act is amended as
follows:
(a) by inserting the following definition
before the definition of "assessed annual
value":
"adjustment factor" means an
adjustment factor determined
under Part 9A of the Valuation of
Land Act 2001;
(b) by inserting the following definition after
the definition of "Consumer Price Index
figure":
"fresh valuation" means a fresh
valuation made under the
Valuation of Land Act 2001;
(c) by inserting the following definition after
the definition of "rates notice":
*No. 95 of 1993
37
Valuation of Land Amendment Act 2006
Act No. of
s. 41 Part 6 - Local Government Act 1993 Amended
"rating authority" means a council or
other statutory authority
authorised by law to make and
levy rates or charges in respect of
land in any defined area;
41. Section 89 amended (Adjustments to values)
Section 89 of the Principal Act is amended by
omitting subsections (1) and (2) and substituting
the following subsections:
(1) The Valuer-General, with the approval of
the Minister, may determine that the
assessed annual value, capital value or
land value of land -
(a) in a newly created municipal
area; or
(b) in a municipal area any boundary
of which has been varied -
is to be amended so as to accord with the
most recent values prevailing in the
municipal area.
(2) Any amendment made under subsection
(1) applies until a fresh valuation is made
in respect of the municipal area under the
Valuation of Land Act 2001 or is subject
to an adjustment factor provided by the
Valuer-General under Part 9A of that
Act.
38
Valuation of Land Amendment Act 2006
Act No. of
Part 6 - Local Government Act 1993 Amended s. 42
42. Section 89A amended (Values under Valuation of
Land Act 2001 to be used as basis of rates)
Section 89A of the Principal Act is amended as
follows:
(a) by omitting subsection (1);
(b) by omitting paragraphs (c) and (d) from
subsection (2) and substituting the
following paragraph:
(c) the assessed annual value or any
portion of the assessed annual
value as determined by the
Valuer-General under section
11(3)(c) of the Valuation of Land
Act 2001 -
(c) by inserting the following subsection
after subsection (2):
(2A) In subsection (2), a reference to
the values appearing in the
valuation lists is taken to be a
reference to those values as
affected by any adjustment
factors provided by the Valuer-
General.
(d) by omitting from subsection (3) "fresh"
first occurring and substituting
"supplementary";
(e) by omitting paragraph (a) from
subsection (3) and substituting the
following paragraph:
39
Valuation of Land Amendment Act 2006
Act No. of
s. 42 Part 6 - Local Government Act 1993 Amended
(a) where a valuation is altered or an
adjustment factor is varied by the
Valuer-General consequent on
any of the following actions:
(i) the allowance of an
objection under section 30
of the Valuation of Land
Act 2001;
(ii) an order of the Land
Valuation Court under
Part 7 of that Act;
(iii) an order of the Supreme
Court under section 40 of
that Act;
(iv) a review of an adjustment
factor under section
50B(1) of that Act -
the altered valuation or the
variation of the adjustment factor
has effect on and from the date on
which the valuation or the
adjustment factor objected to
would have taken effect;
(f) by omitting from subsection (3)(b)
"fresh" first occurring and substituting
"supplementary";
(g) by omitting from subsection (3)(b)(i)
"fresh" and substituting
"supplementary";
40
Valuation of Land Amendment Act 2006
Act No. of
Part 6 - Local Government Act 1993 Amended s. 42
(h) by omitting from subsection (3)(b)(ii)
"fresh" and substituting
"supplementary";
(i) by omitting from subsection (4) "fresh"
and substituting "supplementary";
(j) by omitting from subsection (4A) "fresh"
twice occurring and substituting
"supplementary".
Government Printer, Tasmania 41