Queensland Consolidated Acts Queensland Consolidated Acts(1) Where during or after the financial year commencing on 1 July 1989 any land is subdivided otherwise than as a result of a compulsory acquisition instigated and required by a local government within the meaning of the Local Government Act 1993 or a State or Commonwealth statutory body, the amount of land tax for which the owner of that land at the time at which it is subdivided is then liable for each financial year during the relevant period in respect of which--
(a) that owner obtained the benefit of a deduction under section 11(6A) or (6D) in respect of that land; or
(b) that land, as owned by that owner, was exempt from taxation under section 13(1)(h);
is an amount equal to the land tax that would have been assessed as payable by that owner for that year if--
(c) in respect of the taxable portion of that land--that owner had not been entitled to the benefit of that deduction; or, as the case may be;
(d) the taxable portion of that land had not been so exempt;
less the amount (if any) of land tax (other than any additional tax or additional amount, charge, percentage, penalty, fine or interest in respect of land tax) paid or otherwise payable by that owner for that year.
(1A) Subsection (1) does not apply if--
(a) the owner of the land has used it as the owner's principal place of residence during the relevant period; and
(b) the land has been subdivided by the owner into not more than 5 allotments (the subdivided allotments) in the financial year starting immediately after the end of the relevant period.
(1B) Despite subsection (1A), subsection (1) continues to apply if--
(a) the owner subdivides any of the subdivided allotments within 5 years after the day of the original subdivision (the relevant period); and
(b) the effect of the further subdivision is that the land has been subdivided by the owner into more than 5 allotments.
(1C) Subsection (1B) extends to any one or more further subdivisions by the owner of the subdivided allotments during the relevant period.
(2) For the purpose of this section--
(a) land is subdivided when a plan of subdivision of the land is registered under the Land Title Act 1994; and
(b) the land subdivided is taken to include any land in respect of which the owner obtained the benefit of the deduction referred to in subsection (1)(a) or that was exempt from taxation as referred to in subsection (1)(b) and that is shown on the plan of subdivision registered under the Land Title Act 1994 as being--
(i) a new road dedicated to public use; or
(ii) for use as a drainage reserve; or
(iii) for use as a public garden or recreation space; or
(iv) for use as a pathway or a canal; or
(v) for some other use prescribed by regulation for the purpose of this section.
(3) For the purposes of the assessment and levying of land tax as a consequence of the operation of subsection (1), the relevant unimproved value of the taxable portion of the land that is subdivided shall be an amount that bears to the relevant unimproved value of the whole of that land as at midnight on 30 June immediately preceding the financial year in and for which the land tax is to be levied the same proportion as the area of the taxable portion bears to the area of the whole.
(4) In the section--
the relevant period means--
(a) the 5 financial years reckoned retrospectively from but excluding the financial year in which the land is subdivided; or
(b) the financial years reckoned from but excluding the financial year in which the land is subdivided retrospectively to the financial year which commenced on 1 July 1989;
whichever is the lesser period.
the taxable portion, in relation to land that is subdivided, means that land--
(a) after subtracting the parcel of land on which, at the time of subdivision, is situated a dwelling house the occupancy of which gave rise to the deduction referred to in subsection (1)(a) or the exemption referred to in subsection (1)(b); or
(b) where there is no such parcel or any such parcel is less than .1ha--after subtracting an area of .1ha.