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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Valuation of Land Amendment Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Valuation of Land Act 1916 No 2 2
4 Repeal of Act 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Valuation of Land Amendment Bill 2006
Act No , 2006
An Act to amend the Valuation of Land Act 1916 so as to make further provision with
respect to valuations under that Act; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Valuation of Land Amendment Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Valuation of Land Amendment Act 2006.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Valuation of Land Act 1916 No 2
The Valuation of Land Act 1916 is amended as set out in Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Valuation of Land Amendment Bill 2006
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 14A Valuer-General to ascertain land values
Omit section 14A (2) and (3). Insert instead:
(2) The Valuer-General may at any time value any parcel of land,
either on his or her own initiative or:
(a) in the case of lands of the Crown, on the application of the
public authority by or on whose behalf the land is held, or
(b) in the case of land within the Western Division (including
land referred to in paragraph (a)), on the application of the
Western Lands Commissioner, or
(c) in the case of land within the area of a rating or taxing
authority (including land referred to in paragraph (a) or
(b)), on the application of that authority.
[2] Section 14D Protected archaeological areas, wildlife districts, wildlife
refuges and game reserves
Omit "or a conservation agreement under Division 7 of Part 4 of that Act,"
from section 14D (1).
[3] Section 14I Valuing Crown lease restricted land
Omit section 14I (2). Insert instead:
(2) Land is Crown lease restricted if it is subject to any of the
following:
(a) a lease or licence, or a permit to enclose a road or
watercourse, granted under Part 4 of the Crown Lands
Act 1989,
(b) an incomplete purchase or permissive occupancy, or a
perpetual lease, special lease or term lease, within the
meaning of the Crown Lands (Continued Tenures)
Act 1989,
(c) a lease under the Forestry Act 1916,
(d) in the case of lands of the Crown, a lease of a class or
description prescribed by the regulations.
[4] Section 14K Assumption as to physical condition and manner of use of
land
Omit "any other land" wherever occurring in section 14K (1) (b) and (2) (b).
Insert instead "the land, and any other land,".
Page 3
Valuation of Land Amendment Bill 2006
Schedule 1 Amendments
[5] Section 14M
Omit the section. Insert instead:
14M Exclusion of allowances in certain circumstances
(1) For the purposes of the Land Tax Management Act 1956, the land
value of a parcel of land is taken not to include an allowance for
profitable expenditure in respect of any land tax year:
(a) if the owner of the land was not the owner of the land when
the profitable expenditure was incurred, or
(b) if the profitable expenditure was incurred by an occupier
or lessee of the land, and the occupancy or lease has been
transferred or surrendered or has expired since that
expenditure was incurred, or
(c) in the case of land zoned or otherwise designated for use
for any purpose (other than rural or non-urban purposes)
under a planning instrument, if any building or structure
has been erected or any works have been carried out on the
land, or
(d) if the profitable expenditure was incurred more than
15 years before the date by reference to which the land
value is being determined, or
(e) if, as at 31 December before the beginning of that year, the
parcel of land was no longer owned by the person by
whom the profitable expenditure was incurred,
and land tax under that Act is to be assessed and levied
accordingly.
(2) For the purposes of the Local Government Act 1993, the land
value of a parcel of land is taken not to include an allowance for
profitable expenditure in respect of any rating year:
(a) if the owner of the land was not the owner of the land when
the profitable expenditure was incurred, or
(b) if the profitable expenditure was incurred by an occupier
or lessee of the land, and the occupancy or lease has been
transferred or surrendered or has expired since that
expenditure was incurred, or
(c) in the case of land zoned or otherwise designated for use
for any purpose (other than rural or non-urban purposes)
under a planning instrument, if any building or structure
has been erected or any works have been carried out on the
land, or
Page 4
Valuation of Land Amendment Bill 2006
Amendments Schedule 1
(d) if the profitable expenditure was incurred more than
15 years before the date by reference to which the land
value is being determined, or
(e) if, as at 30 June before the beginning of that year, the
parcel of land was no longer owned by the person by
whom the profitable expenditure was incurred,
and rates and charges under that Act are to be assessed and levied
accordingly.
[6] Section 14S
Omit the section. Insert instead:
14S Definition of "subdivider"
In this Division, subdivider, in relation to a lot in a deposited
plan, means:
(a) the person who, either alone or with any other person,
owned the whole of the land comprising the lots in the plan
immediately before registration of the plan, or
(b) if, immediately before registration of the plan, the land
referred to in paragraph (a) comprised two or more parcels,
any person who, either alone or with any other person,
owned the whole of the land comprising any one or more
of those parcels.
[7] Section 14V Exclusion of subdivision allowances in certain
circumstances
Insert at the end of section 14V (1) (b):
or
(c) if, as at 31 December before the beginning of that year, the
parcel of land was no longer owned by the subdivider,
[8] Section 14V (2) (c)
Insert at the end of section 14V (2) (b):
or
(c) if, as at 30 June before the beginning of that year, the
parcel of land was no longer owned by the subdivider,
Page 5
Valuation of Land Amendment Bill 2006
Schedule 1 Amendments
[9] Sections 28 and 28A
Omit the sections. Insert instead:
28 Land or stratum in two or more districts
(1) If different parts of any land or stratum in respect of which one
valuation would otherwise be made under this Act are situated in
different districts, the value of the land or stratum is to be
apportioned so as to show the value of each part.
(2) The value of each part is to bear the same proportion to the value
of the whole as the area of each part bears to the area of the whole.
28A Land of which part only is ratable or taxable
If land in respect of which one valuation would otherwise be
made under this Act is ratable or taxable as to part only, the part
that is ratable or taxable is to be separately valued.
[10] Section 29 Notice of valuations to owner
Omit "within such time as is stated in such notice" from section 29 (3A).
[11] Section 29 (3B)
Omit the subsection. Insert instead:
(3B) A person who objects to a valuation must notify each other
person to whom notice of the valuation is required to be given
under subsection (1):
(a) of the fact that he or she has made such an objection, and
(b) of the reasons for which he or she has made the objection.
[12] Section 58F Land rating factors--certain classes of lease from the
Crown
Omit the section.
[13] Section 76 Copies of entries to be supplied
Insert before section 76 (2):
(1) The Valuer-General may supply information as to valuations to
any public authority (including any Government department) in
the manner and to the extent and on the terms mutually agreed
upon between the Valuer-General and the public authority or
Department Head.
Page 6
Valuation of Land Amendment Bill 2006
Amendments Schedule 1
[14] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Valuation of Land Amendment Act 2006
[15] Schedule 2, Part 5
Insert after Part 4:
Part 5 Provisions consequent on enactment of
Valuation of Land Amendment Act 2006
15 Definition
In this Part, the 2006 amending Act means the Valuation of Land
Amendment Act 2006.
16 Retrospective valuations
An amendment made by the 2006 amending Act to this Act does
not apply to any valuation of land that is made as at a date
occurring before the commencement of that amendment.
17 Notice of objections
Section 29 (3B), as amended by the 2006 amending Act, does not
apply to any objection to a valuation of land that had been made
by an owner of the freehold estate in the land at any time before
that subsection was so amended.
Page 7
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