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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Valuation of Land Amendment
Bill 2008
Queensland
Valuation of Land Amendment Bill 2008
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Valuation of Land Act 1944
Division 1 Preliminary
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Division 2 Amendments taken to have commenced on 1 July 2002
4 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 3 (Meaning of unimproved value) . . . . . . . . . . . 5
6 Amendment of s 5 (Meaning of value of improvements) . . . . . . . 6
7 Amendment of s 23 (Chief executive may value stratum or
volumetric lot) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
8 Amendment of s 47 (Valuation rolls--particulars and form) . . . . . 7
Division 3 Amendments commencing on assent
9 Insertion of new s 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
27 Valuation of prescribed land . . . . . . . . . . . . . . . . . . . . 7
10 Amendment of s 67 (Practice and procedure for appeals) . . . . . . 9
11 Replacement of s 70 (Costs of appeal against valuation) . . . . . . 10
70 Costs of appeal against valuation. . . . . . . . . . . . . . . . 10
12 Amendment of pt 9 hdg (Transitional provisions) . . . . . . . . . . . . . 10
13 Insertion of new pt 9, divs 2 and 2A . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2 Declaration about non-commencement of
legislation
101 Non-commencement of legislation . . . . . . . . . . . . . . . 11
Division 2A Transitional provision for Valuation of Land
Amendment Act 2008
101A Past valuations of part 1 prescribed land . . . . . . . . . . 11
14 Insertion of new schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Valuation of Land Amendment Bill 2008
Contents
Schedule Prescribed land
Part 3 Amendment of Valuation of Land Regulation 2003
15 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
16 Omission of s 3 (Non-physical improvements that are
intangible improvements--Act, s 6(5)) . . . . . . . . . . . . . . . . . . . . . 18
17 Omission of s 5 (Valuing intangible improvements--Act, s 35A) . 18
Page 2
2008
A Bill
for
An Act to amend the Valuation of Land Act 1944 and the
Valuation of Land Regulation 2003
Valuation of Land Amendment Bill 2008
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Valuation of Land Amendment 4
Act 2008. 5
Clause 2 Commencement 6
(1) Part 2, other than division 3, is taken to have commenced on 1 7
July 2002. 8
(2) Part 3 is taken to have commenced on 31 August 2003. 9
Part 2 Amendment of Valuation of 10
Land Act 1944 11
Division 1 Preliminary 12
Clause 3 Act amended in pt 2 13
This part amends the Valuation of Land Act 1944. 14
Division 2 Amendments taken to have 15
commenced on 1 July 2002 16
Clause 4 Amendment of s 2 (Definitions) 17
Section 2-- 18
Page 4
Valuation of Land Amendment Bill 2008
Part 2 Amendment of Valuation of Land Act 1944
[s 5]
insert-- 1
`development approval see the Integrated Planning Act 1997, 2
schedule 10. 3
hotel licence means a licence under the Liquor Act 1992. 4
local planning instrument see the Integrated Planning Act 5
1997, schedule 10. 6
property identification number, for a parcel of land, means 7
the property identification number assigned to the parcel in 8
the valuation roll.'. 9
Clause 5 Amendment of s 3 (Meaning of unimproved value) 10
(1) Section 3-- 11
insert-- 12
`(2A) The assumption mentioned in subsection (1), definition 13
unimproved value, paragraph (b) is limited to the notional 14
removal of the improvements only as at the time of valuation. 15
`(2B) For subsections (1) and (2), the unimproved value of land 16
includes any increase in the value of the land that has 17
happened in connection with-- 18
(a) the making or use of an improvement to the land; or 19
(b) a local planning instrument; or 20
(c) a development approval or other approval or authority 21
under an Act, other than a hotel licence, relating to the 22
land or an improvement of the land. 23
`(2C) Nothing in subsection (1) or (2) requires an assumption, in 24
relation to improved land, that the improvements have never 25
been made.'. 26
(2) Section 3(4)-- 27
insert-- 28
`(c) there is no risk in realising the use of the land, or 29
continuing the use of the land, for any purpose for which 30
Page 5
Valuation of Land Amendment Bill 2008
Part 2 Amendment of Valuation of Land Act 1944
[s 6]
it is being used at the date to which the valuation 1
relates;'. 2
Clause 6 Amendment of s 5 (Meaning of value of improvements) 3
Section 5(2), `amount'-- 4
omit, insert-- 5
`cost'. 6
Clause 7 Amendment of s 23 (Chief executive may value stratum or 7
volumetric lot) 8
(1) Section 23(2)(a), `had not been made'-- 9
omit, insert-- 10
`did not exist'. 11
(2) Section 23-- 12
insert-- 13
`(2A) The assumption mentioned in subsection (2)(a) is limited to 14
the notional removal of the improvements only as at the time 15
of valuation. 16
`(2B) The unimproved value of a stratum or volumetric lot includes 17
any increase in the value of the stratum or volumetric lot that 18
has happened in connection with-- 19
(a) the making or use of an improvement to the stratum or 20
volumetric lot; or 21
(b) a local planning instrument; or 22
(c) a development approval or other approval or authority 23
under an Act, other than a hotel licence, relating to the 24
stratum or volumetric lot or an improvement of the 25
stratum or volumetric lot.'. 26
Page 6
Valuation of Land Amendment Bill 2008
Part 2 Amendment of Valuation of Land Act 1944
[s 8]
Clause 8 Amendment of s 47 (Valuation rolls--particulars and 1
form) 2
(1) Section 47(1)(d)-- 3
renumber as section 47(1)(e). 4
(2) Section 47(1)-- 5
insert-- 6
`(d) a property identification number for each parcel of 7
land;'. 8
Division 3 Amendments commencing on 9
assent 10
Clause 9 Insertion of new s 27 11
After section 26C-- 12
insert-- 13
`27 Valuation of prescribed land 14
`(1) When issuing an annual valuation for prescribed land, its 15
unimproved value must be calculated by multiplying its 16
current unimproved value by the commercial land index. 17
`(2) When issuing an alteration of a valuation for prescribed land 18
because of a change in its area, its unimproved value must be 19
calculated by changing its current unimproved value by an 20
amount proportionate to the change in area. 21
`(3) For the first time on or after the commencement day that the 22
unimproved value of prescribed land is calculated under 23
subsection (1) or (2), its current unimproved value (that is, the 24
value that is multiplied by the commercial land index under 25
subsection (1) or changed under subsection (2)) is taken to be 26
the amount calculated by-- 27
(a) starting with-- 28
Page 7
Valuation of Land Amendment Bill 2008
Part 2 Amendment of Valuation of Land Act 1944
[s 9]
(i) if the land was prescribed land on 30 June 1
2003--its unimproved value effective immediately 2
before that day; or 3
(ii) otherwise--the first unimproved value to have 4
effect for the land after it became prescribed land; 5
and 6
(b) for the period on and from 30 June 2003 until 7
immediately before the commencement day-- 8
(i) when an annual valuation for the land was 9
issued--multiplying the current unimproved value 10
by the commercial land index; and 11
(ii) when an alteration of a valuation for the land was 12
issued because of a change in the area of the 13
land--changing the current unimproved value by 14
an amount proportionate to the change in area. 15
`(4) For subsection (1) or (3)(b)(i), the commercial land index 16
applying to prescribed land when an annual valuation for the 17
land is issued is the number calculated, to 2 decimal places, 18
using the formula-- 19
A
--
- 20
B
where-- 21
A is the total unimproved value of all local commercial land 22
under the new annual valuation as at the day of issue. 23
B is the total unimproved value of the same local commercial 24
land effective as at the day of issue. 25
Example-- 26
On 20 February, the chief executive issues an annual valuation for 27
particular prescribed land (parcel X). 28
The only local commercial land on 20 February consists of parcels Y 29
and Z. The total unimproved value of parcels Y and Z effective on 20 30
February is $100 million. The total unimproved value of parcels Y and 31
Z under the new annual valuation, as at 20 February, is $105 million. 32
Page 8
Valuation of Land Amendment Bill 2008
Part 2 Amendment of Valuation of Land Act 1944
[s 10]
The commercial land index is 105 million divided by 100 million, which 1
is 1.05. So the new annual valuation for parcel X must be calculated by 2
multiplying its existing unimproved value by 1.05. 3
`(5) The reference in subsection (3)(b)(i) to an annual valuation 4
does not include an annual valuation issued under section 102, 5
for the period of 12 months starting on 30 June 2004, for use 6
only for land tax purposes. 7
`(6) To remove any doubt, it is declared that this section does not 8
affect the unimproved value of any land that was effective at 9
any time before the commencement day. 10
`(7) In this section-- 11
commencement day means the day this section commences. 12
commercial land means freehold land, other than prescribed 13
land, valued as commercial land under the valuation roll. 14
issue an annual valuation or alteration of valuation means give 15
a notice of valuation for the annual valuation or alteration of 16
valuation. 17
local commercial land, in relation to prescribed land, means 18
commercial land situated in the same local government area 19
as the prescribed land. 20
prescribed land means land that, under the schedule, is 21
prescribed land.'. 22
Clause 10 Amendment of s 67 (Practice and procedure for appeals) 23
(1) Section 67(2) and (3)-- 24
renumber as section 67(3) and (4). 25
(2) Section 67-- 26
insert-- 27
`(2) The Land Court Act 2000, section 74(2) does not apply to an 28
appeal under section 65.'. 29
Page 9
Valuation of Land Amendment Bill 2008
Part 2 Amendment of Valuation of Land Act 1944
[s 11]
Clause 11 Replacement of s 70 (Costs of appeal against valuation) 1
Section 70-- 2
omit, insert-- 3
`70 Costs of appeal against valuation 4
`(1) Subject to subsection (2), each party to an appeal must bear 5
the party's own costs for the appeal. 6
`(2) The court may only order costs for an appeal, including 7
allowances for witnesses attending for giving evidence at the 8
appeal, as it considers appropriate in the following 9
circumstances-- 10
(a) the court considers the appeal, or part of the appeal, to 11
be have been frivolous or vexatious; 12
(b) a party has not been given reasonable notice of intention 13
to apply for an adjournment of the appeal; 14
(c) a party has incurred costs because the party is required 15
to apply for an adjournment because of the conduct of 16
the other party; 17
(d) a party has incurred costs because another party has 18
defaulted in the court's procedural requirements; 19
(e) without limiting paragraph (c), a party has incurred 20
costs because another party has introduced, or sought to 21
introduce, new material; 22
(f) a party does not properly discharge the party's 23
responsibilities in the appeal.'. 24
Clause 12 Amendment of pt 9 hdg (Transitional provisions) 25
Part 9, heading, after `Transitional'-- 26
insert-- 27
`and declaratory'. 28
Clause 13 Insertion of new pt 9, divs 2 and 2A 29
Part 9-- 30
Page 10
Valuation of Land Amendment Bill 2008
Part 2 Amendment of Valuation of Land Act 1944
[s 13]
insert-- 1
`Division 2 Declaration about 2
non-commencement of legislation 3
`101 Non-commencement of legislation 4
`(1) The Valuation of Land Amendment Act 2003 No. 35 is taken 5
to have never commenced. 6
`(2) Subsection (1)-- 7
(a) does not apply for the purpose of a legal proceeding 8
decided before the commencement of this section; and 9
(b) otherwise applies for all purposes, including an 10
objection or decision made, or legal proceeding 11
(including an appeal from a legal proceeding mentioned 12
in paragraph (a)) started but not decided, before the 13
commencement of this section. 14
`(3) The Natural Resources and Other Legislation Amendment 15
Act 2004 No. 4, section 56C is taken to have never 16
commenced. 17
`Division 2A Transitional provision for Valuation 18
of Land Amendment Act 2008 19
`101A Past valuations of part 1 prescribed land 20
`(1) This section applies to part 1 prescribed land in relation to the 21
period on and from 30 June 2003 until immediately before the 22
commencement day (the prescribed period). 23
`(2) On the issue, during the prescribed period, of an annual 24
valuation for part 1 prescribed land, the unimproved value of 25
the land is taken to have been whichever of the following is 26
less-- 27
(a) the annual valuation that was issued; 28
(b) the indexed valuation for the land. 29
Page 11
Valuation of Land Amendment Bill 2008
Part 2 Amendment of Valuation of Land Act 1944
[s 13]
`(3) On the issue, during the prescribed period, of an alteration of a 1
valuation for part 1 prescribed land because of a change in its 2
area, the unimproved value of the land is taken to have been 3
whichever of the following is less-- 4
(a) the alteration that was issued; 5
(b) the indexed valuation for the land. 6
`(4) For subsection (2)(b) or (3)(b), the indexed valuation for part 7
1 prescribed land is calculated by-- 8
(a) starting with an indexed valuation of the land equal to-- 9
(i) if the land was part 1 prescribed land on 30 June 10
2003--its unimproved value effective immediately 11
before that day; or 12
(ii) otherwise--the first unimproved value to have 13
effect for the land after it became part 1 prescribed 14
land; and 15
(b) for the prescribed period-- 16
(i) when an annual valuation for the land was 17
issued--multiplying the indexed valuation by the 18
commercial land index; and 19
(ii) when an alteration of a valuation for the land was 20
issued because of a change in the area of the 21
land--changing the indexed valuation by an 22
amount proportionate to the change in area. 23
`(5) The commercial land index applying to part 1 prescribed land 24
when an annual valuation for the land was issued is the 25
number calculated, to 2 decimal places, using the formula-- 26
A
--
- 27
B
where-- 28
A is the total unimproved value of all local commercial land 29
under the new annual valuation as at the day of issue. 30
B is the total unimproved value of the same local commercial 31
land effective as at the day of issue. 32
Page 12
Valuation of Land Amendment Bill 2008
Part 2 Amendment of Valuation of Land Act 1944
[s 13]
`(6) A reference in subsection (2) or (4)(b)(i) to an annual 1
valuation does not include an annual valuation issued under 2
section 102, for the period of 12 months starting on 30 June 3
2004, for use only for land tax purposes. 4
`(7) If subsection (2)(b) or (3)(b) applies in relation to an annual 5
valuation or alteration of valuation-- 6
(a) as soon as is practicable after the commencement day, 7
the chief executive must give a notice under section 41A 8
or 50 stating the unimproved value that applies under 9
subsection (2)(b) or (3)(b); and 10
(b) the chief executive must make an appropriate 11
amendment of the valuation roll; and 12
(c) there is taken to have been an alteration of the land's 13
valuation that enables an adjustment to be made to rates 14
payable under the Local Government Act 1993 or the 15
City of Brisbane Act 1924, rental payable under the 16
Land Act 1994 or land tax payable under the Land Tax 17
Act 1915. 18
`(8) For subsection (7)(a), a notice may be given under section 19
41A despite the time within which a notice is otherwise 20
required to be given under section 41A(1). 21
`(9) Subsections (2) and (3) do not limit the provisions of this Act 22
about objections or appeals that apply in relation to an annual 23
valuation or alteration. 24
`(10) Section 33 applies to an annual valuation or alteration of 25
valuation that is given effect under this section. 26
`(11) In this section-- 27
commencement day means the day this section commences. 28
commercial land means freehold land, other than prescribed 29
land, valued as commercial land under the valuation roll. 30
issue an annual valuation or alteration of valuation means give 31
a notice of valuation for the annual valuation or alteration of 32
valuation. 33
Page 13
Valuation of Land Amendment Bill 2008
Part 2 Amendment of Valuation of Land Act 1944
[s 14]
local commercial land, in relation to part 1 prescribed land, 1
means commercial land situated in the same local government 2
area as the part 1 prescribed land. 3
part 1 prescribed land means land that, under the schedule, is 4
part 1 prescribed land. 5
prescribed land means land that, under the schedule, is 6
prescribed land.'. 7
Clause 14 Insertion of new schedule 8
After part 9-- 9
insert-- 10
`Schedule Prescribed land 11
sections 27 and 101A 12
Notes to schedule 13
1 The table below lists particular shopping centres and, for each 14
shopping centre, states-- 15
(a) in column 2--the property identification number or 16
numbers that, on the commencement day, are assigned 17
the parcel or parcels comprising the land on which the 18
shopping centre is situated; and 19
(b) in column 3--any other property identification numbers 20
that, during the prescribed period, were assigned to 21
parcels comprising the land on which the shopping 22
centre was situated. 23
2 For section 27, the following land is prescribed land-- 24
(a) land comprised of a parcel that, on the commencement 25
day, has a property identification number listed in 26
column 2; 27
(b) land that, under this Act, is included in the same 28
valuation as land mentioned in paragraph (a). 29
Page 14
Valuation of Land Amendment Bill 2008
Part 2 Amendment of Valuation of Land Act 1944
[s 14]
3 For section 27, land mentioned in note 2(a) continues to be 1
prescribed land even if, after the commencement day, it is 2
comprised of a parcel with a different property identification 3
number to the number listed in column 2. 4
4 For section 27(3), land is taken to be prescribed land at a 5
particular time during the prescribed period if, at that time, it 6
was comprised of a parcel with a property identification 7
number mentioned in column 2 or 3. 8
5 For section 101A, land is taken to be part 1 prescribed land at 9
a particular time during the prescribed period if, at that time, it 10
was comprised of a parcel with a property identification 11
number mentioned in part 1, column 2 or 3. 12
6 In this schedule-- 13
commencement day means the day this schedule commences. 14
prescribed period means the period on and from 30 June 2003 15
until immediately before the commencement day. 16
Page 15
Valuation of Land Amendment Bill 2008
Part 2 Amendment of Valuation of Land Act 1944
[s 14]
Part 1 1
Column 1 Column 2 Column 3
Shopping centre Property identification Previous property
number on the identification numbers
commencement day
Australia Fair Shopping 40364674, 40364676, 7049020, 40147559
Centre 40147558
Centro Toombul 1204243
Grand Central 3416302
Grand Plaza Shopping 144937
Centre
Indooroopilly Shopping 40769274, 30000325, 1311823
Centre 1307756
Mt Ommaney Shopping 9102283
Centre
Pacific Fair Shopping 593499
Centre
Robina Town Centre 7022433
Runaway Bay Shopping 7031810
Village
Stockland Townsville 5132554
Westfield Chermside 40763582 40163530
Westfield Garden City 40334384
Page 16
Valuation of Land Amendment Bill 2008
Part 2 Amendment of Valuation of Land Act 1944
[s 14]
Part 2 1
Column 1 Column 2 Column 3
Shopping centre Property identification Previous property
number on the identification numbers
commencement day
Aspley Hypermarket 1162924
Brookside Shopping 1249656
Centre
Cairns Central 40003491
Shopping Centre
Caneland Central 884587
Capalaba Central 8015934
Shopping Centre
Capalaba Park 216209
Shopping Centre
Logan Hyperdome 113605
Shopping Centre
Morayfield Shopping 40016409
Centre
Noosa Civic Shopping 40772565
Centre
Redbank Plaza 40723840 354220
Smithfield Shopping 5232215
Centre
Stockland Cairns 5014425
Stockland 789067
Rockhampton
Sunshine Plaza 40223774, 24000701,
Shopping Centre 2018551, 40335637
Page 17
Valuation of Land Amendment Bill 2008
Part 3 Amendment of Valuation of Land Regulation 2003
[s 15]
Column 1 Column 2 Column 3
Shopping centre Property identification Previous property
number on the identification numbers
commencement day
Toowong Village 1225197
Shopping Centre
Westfield Carindale 40258073
Westfield Helensvale 40733383 40617291, 24001240,
40287327, 40388949
Westfield Strathpine 40282064'.
Part 3 Amendment of Valuation of 1
Land Regulation 2003 2
Clause 15 Regulation amended in pt 3 3
This part amends the Valuation of Land Regulation 2003. 4
Clause 16 Omission of s 3 (Non-physical improvements that are 5
intangible improvements--Act, s 6(5)) 6
Section 3-- 7
omit. 8
Clause 17 Omission of s 5 (Valuing intangible improvements--Act, s 9
35A) 10
Section 5-- 11
omit. 12
© State of Queensland 2008
Page 18
AMENDMENTS TO BILL
Valuation of Land Amendment Bill 2008
Valuation of Land Amendment Bill 2008
Amendments agreed to during Consideration
1 Clause 5 (Amendment of s 3 (Meaning of unimproved
value))--
At page 5, line 19--
omit.
2 Clause 5 (Amendment of s 3 (Meaning of unimproved
value))--
At page 5, lines 27 to 30 and page 6, lines 1 and 2--
omit.
3 New clause 5A
At page 6, after line 2--
insert--
`5A Amendment of s 4 (Meaning of improved value)
`Section 4, definition improved value, after `fee simple of the
land'--
insert--
`, including improvements,'.'.
4 Clause 7 (Amendment of s 23 (Chief executive may value
stratum or volumetric lot))--
At page 6, lines 20 and 21--
omit.
Page 1
Valuation of Land Amendment Bill 2008
5 Clause 9 (Insertion of new s 27)--
At page 9, lines 18 to 20--
omit, insert--
`local commercial land means commercial land situated in a
local government area, other than the local government area
of the Brisbane City Council, in which any prescribed land is
situated.'.
6 Clause 11 (Replacement of s 70 (Costs of appeal against
valuation))--
At page 10, line 12, `be'--
omit.
7 Clause 13 (Insertion of new pt 9, divs 2 and 2A)--
At page 14, lines 1 to 3--
omit, insert--
`local commercial land means commercial land situated in a
local government area, other than the local government area
of the Brisbane City Council, in which any prescribed land is
situated.'.
© State of Queensland 2008
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