SCHEDULE 1 - Consequential Amendments

Section 67

Crown Lands Act 1976

1.    Section 2 is amended by omitting "established under Part V of the Land Valuation Act 1971 " from the definition of Land Valuation Court and substituting "continued under Part 7 of the Valuation of Land Act 2001 " .

Crown Lands (Shack Sites) Act 1997

1.    Section 17 is repealed and the following section is substituted:

17.     Rental for replacement lease

(1)  The rental for the replacement lease is to be 6% of the land value of the shack site as shown on the valuation list most recently provided to the relevant rating authority by the Valuer-General under section 45 of the Valuation of Land Act 2001 , as indexed annually by use of the relevant adjustment factors to land values determined by the Valuer-General and forwarded to the Commissioner of Taxes under section 21(4) of the Land Tax Act 2000 .

(2)  In this section,

rating authority has the same meaning as in the Valuation of Land Act 2001 .

2.    Section 27(4) is amended by omitting " sections 29 , 30 , 31 , 32 and 33 of the Land Valuation Act 1971 " and substituting " sections 34 , 35 , 36 and 37 of the Valuation of Land Act 2001 " .

Land Titles Act 1980

1.    Section 170A(1) is amended by omitting " section 51 of the Land Valuation Act 1971 " and substituting " section 55 of the Valuation of Land Act 2001 " .

2.    Section 170B is amended by omitting " section 51 of the Land Valuation Act 1971 " and substituting " section 55 of the Valuation of Land Act 2001 " .

Local Government Act 1993

1.    After section 89 , the following section is inserted in Division 1:

89A.     Values under Valuation of Land Act 2001 to be used as basis of rates

(1)  In this section,

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.

(2)  For the purposes of any other enactment relating to the assessment, imposition or levying of any rate required to be assessed with reference to, or imposed or levied on –

(a) the land value; or

(b) the capital value; or

(c) the annual value; or

(d) the assessed annual value –

of any land, a rate is to be assessed, imposed or levied, as the case may be, on or with reference to the values appearing in the valuation lists under section 45 of the Valuation of Land Act 2001 as last provided by the Valuer-General before the first day of the period in respect of which the rate is assessed, imposed or levied.

(3)  Where a valuation is altered or a fresh valuation is made, it is to take effect and the value so determined is to be used instead of the relevant value required by subsection (2) , in accordance with the following rules:

(a) where a valuation is altered by the Valuer-General following an arbitration under the Valuation of Land Act 2001 or on –

(i) the allowance of an objection under section 30 of that Act; or

(ii) an order of the Land Valuation Court under Part 7 of that Act; or

(iii) an order of the Supreme Court under section 40 of that Act –

the altered valuation has effect on and from the date on which the valuation objected to would have taken effect;

(b) where a fresh valuation has been made as required by section 18(1) of the Valuation of Land Act 2001 , it has effect –

(i) where the event on which the fresh valuation became necessary occurred before the commencement of the rating period in which the relevant supplementary valuation list is provided to the rating authority, from the commencement of that period; and

(ii) where the event on which the fresh valuation became necessary occurred during the rating period in which the relevant supplementary valuation list is provided to the rating authority, from the commencement of the next following period;

(c) where a supplementary valuation has been made in accordance with section 21(1)(a) , (b) or (c) of the Valuation of Land Act 2001 , it has effect –

(i) on and from the date on which the land became subject to the relevant rate, in a case where that date is after the commencement of the rating period in which the relevant supplementary valuation list is provided to the rating authority; and

(ii) in any other case, from the commencement of that rating period;

(d) where a supplementary valuation has been made in accordance with section 21(1)(d) , (e) or (f) of the Valuation of Land Act 2001 , it has effect, except as provided in paragraphs (e) and (f) of this subsection –

(i) on and after the date of the valuation, in a case where that date is after the commencement of the rating period in which the relevant supplementary valuation list is provided to the rating authority; and

(ii) in any other case, from the commencement of that rating period;

(e) where a supplementary valuation has been made under section 21(1)(e) of the Valuation of Land Act 2001 owing to the erection of a building, it has effect –

(i) on and after the date of occupation of the building, if that date is after the commencement of the rating period in which the relevant supplementary valuation list is provided to the rating authority; and

(ii) on and after the date of the valuation, if that date is not after the date of occupation of the building but is after the commencement of that rating period; and

(iii) from the commencement of that rating period, if that commencement is on or after the date of the valuation;

(f) where a supplementary valuation has been made under section 21(1)(f) of the Valuation of Land Act 2001 for the purpose of rectifying an error, it has effect –

(i) on and from the date on which the error occurred, in a case where that date is after the commencement of the rating period in which the relevant supplementary valuation list is provided to the rating authority; and

(ii) in any other case, from the commencement of that rating period.

(4)  Where a fresh valuation is made under section 18(1) of the Valuation of Land Act 2001 and the value of the land so valued has since the last relevant valuation been materially increased by reason of improvements, paragraph (d) or (e) of subsection (3) of this section applies to it and not paragraph (b) of that subsection.

(5)  This section does not apply in a case where provision to the contrary is made in another enactment.

2.    Section 115(2)(a) is amended by omitting " section 47 of the Land Valuation Act 1971 " and substituting " section 51 of the Valuation of Land Act 2001 " .

Magistrates Court Act 1987

1.    Section 3 is amended by inserting after paragraph (b) in the definition of lower courts the following paragraph:

(ba) the Land Valuation Court continued under Part 7 of the Valuation of Land Act 2001 ;

Major Infrastructure Development Approvals Act 1999

1.    Section 11(3A) is amended by omitting " section 23 of the Land Valuation Act 1971 " and substituting " section 24 of the Valuation of Land Act 2001 " .

2.    Section 14(3A) is amended by omitting " section 23 of the Land Valuation Act 1971 " and substituting " section 24 of the Valuation of Land Act 2001 " .

3.    Section 14A(4A) is amended by omitting " section 23 of the Land Valuation Act 1971 " and substituting " section 24 of the Valuation of Land Act 2001 " .

Supreme Court Civil Procedure Act 1932

1.    Section 3(1) is amended by omitting " Land Valuation Act 1950 " from the definition of assessed capital value and substituting " Valuation of Land Act 2001 " .

Urban Farming Land Taxation Act 1970

1.    Section 8(2) is amended by omitting " section forty-seven of the Land Valuation Act 1971 " and substituting " section 51 of the Valuation of Land Act 2001 " .

2.    Section 9A(2) is amended by omitting "unimproved" and substituting "land" .

3.    Section 10(2) is amended by omitting " Parts IV , V , and VI of the Land Valuation Act 1971 " and substituting " Parts 5 , 6 , 7 and 8 of the Valuation of Land Act 2001 " .