VALUATION OF LAND ACT 1916 - SCHEDULE 2
VALUATION OF LAND ACT 1916 - SCHEDULE 2
SCHEDULE 2 – Savings, transitional and other provisions
Part 1 - Preliminary
1 Regulations
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--Valuation of Land Further Amendment Act 1996Water Management Act 2000Valuation of Land Amendment Act 2000State Revenue Legislation Amendment Act 2004Local Government and Valuation of Land Amendment (Water Rights) Act 2005Valuation of Land Amendment Act 2006Valuation of Land Amendment Act 2009Valuation of Land Amendment Act 2011any other Act that amends this Act
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 2 - Provisions consequent on enactment of Valuation of Land Further Amendment Act 1996
2 Existing valuations
Section 14B (2) has effect with respect to valuations to be made after the commencement of section 14B, except where the processes involved in making a valuation had started before that commencement.
Part 3 - Provisions consequent on enactment of Valuation of Land Amendment Act 2000
3 Definitions
In this Part--
"the 2000 amending Act" means the Valuation of Land Amendment Act 2000 .
"the amended 1916 Act" means the Valuation of Land Act 1916 , as amended by
the 2000 amending Act.
"the unamended 1916 Act" means the Valuation of Land Act 1916 , as in force
immediately before the commencement of the 2000 amending Act.
"the unamended 1956 Act" means the Land Tax Management Act 1956 , as in force
immediately before the commencement of the 2000 amending Act.
4 Valuations and valuation recommendations
(1) Any valuation, allowance or apportionment factor made or determined under the unamended 1916 Act or the unamended 1956 Act is taken to have been made or determined under the amended 1916 Act.
(2) Any valuation recommendation made under the unamended 1916 Act is taken to have been made under the amended 1916 Act.
5 Valuation rolls and Register of Land Values
(1) The information contained in--(a) any valuation roll prepared under the unamended 1916 Act, or(b) the Register of Land Values prepared under the unamended 1956 Act,is taken to form part of the Register of Land Values under the amended 1916 Act.
(2) Any valuation list prepared under the unamended 1916 Act is taken to have been prepared under the amended 1916 Act.
(3) The information contained in the Register of Land Values under the unamended 1956 Act is taken to form part of a valuation list prepared for the Chief Commissioner of State Revenue under the amended 1916 Act.
6 Certificates
Any certificate issued under the unamended 1916 Act or the unamended 1956 Act in relation to a valuation, allowance or apportionment factor is taken to have been issued under the amended 1916 Act.
7 Continuation of former section 58AA
(1) Section 58AA, as in force immediately before the commencement of the 2000 amending Act, continues to have effect in relation to land that, as at that date, was within the area of operations of the Sydney Water Board, as if that Act had not been enacted.
(2) This clause ceases to have effect on a day to be appointed by proclamation published on the NSW legislation website.
8 Applications, notices and objections
Any application, notice or objection made, given or lodged under the unamended 1916 Act or the unamended 1956 Act in relation to a valuation, allowance or apportionment factor is taken to have been made, given or lodged under the amended 1916 Act.
9 Application of new objections and appeals provisions to existing matters
The provisions of the amended 1916 Act with respect to objections and appeals apply to any valuation, allowance or apportionment factor under the unamended 1916 Act or the unamended 1956 Act in the same way as they apply to any valuation, allowance or apportionment factor under the amended 1916 Act.
10 Continuation of pending appeal proceedings
The provisions of the unamended 1916 Act and the unamended 1956 Act continue to apply to appeals under those Acts in relation to any valuation, allowance or apportionment factor as if the 2000 amending Act had not been enacted.
11 Delegations
Any delegation in force under the unamended 1916 Act is taken to be a delegation in force under the amended 1916 Act, and may be amended or revoked accordingly.
12 Construction of other references
Subject to this Schedule and the regulations, in any Act or instrument--
(a) a reference to a provision of the unamended 1916 Act or the unamended 1956 Act for which there is a corresponding provision in the amended 1916 Act extends to the corresponding provision of the amended 1916 Act, and
(b) a reference to any act, matter or thing referred to in a provision of the unamended 1916 Act or the unamended 1956 Act for which there is a corresponding provision in the amended 1916 Act extends to the corresponding act, matter or thing referred to in the corresponding provision of the amended 1916 Act.
13 General saving
Subject to this Schedule and the regulations--
(a) anything begun before the appointed day under a provision of the unamended 1916 Act or the unamended 1956 Act for which there is a corresponding provision in the amended 1916 Act may be continued and completed under the unamended 1916 Act or the unamended 1956 Act as if the 2000 amending Act had not been enacted, and
(b) subject to paragraph (a), anything done under a provision of the unamended 1916 Act or the unamended 1956 Act for which there is a corresponding provision in the amended 1916 Act (including anything arising under paragraph (a)) is taken to have been done under the corresponding provision of the amended 1916 Act.
Part 4 - Provisions consequent on enactment of Local Government and Valuation of Land Amendment (Water Rights) Act 2005
14 Existing land values unaffected
The amendments made to this Act by the Local Government and Valuation of Land Amendment (Water Rights) Act 2005 do not affect any valuations of land made before the commencement of those amendments.
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.
Part 6 - Provisions consequent on enactment of Valuation of Land Amendment Act 2009
18 Operation of amendments
(1) The amendments made to section 14G of this Act, and to section 123 of the Heritage Act 1977 , by the Valuation of Land Amendment Act 2009 are taken to have applied, and always to have applied, to any land valuation made before the commencement of this clause.
(2) Subclause (1) does not affect any decision made by a court before the commencement of this clause.
Part 7 - Provisions consequent on enactment of Valuation of Land Amendment Act 2011
19 Operation of private valuation amendments
Section 9A extends to a private valuation made before the commencement of that section but not so as to affect any decision of a court made before that commencement.
20 Operation of amendments and validation of valuations
(1) The amendments made to section 14G of this Act, and to sections 123 and 125 of the Heritage Act 1977 , by the Valuation of Land Amendment Act 2011 are taken to have applied, and always to have applied, to any land valuation made before the commencement of this clause.
(2) Subclause (1) does not affect any decision made by a court (before or after the commencement of this clause) in proceedings commenced before the date of introduction into Parliament of the Bill for the Valuation of Land Amendment Act 2011 .