VALUATION OF LAND AND OTHER LEGISLATION AMENDMENT ACT 2010 No. 7 - SECT 26 26 Replacement of ss 42 and 43
VALUATION OF LAND AND OTHER LEGISLATION AMENDMENT ACT 2010 No. 7 - SECT 26
26 Replacement of ss 42 and 43Sections 42 and 43--
omit, insert--
'(1) An owner who is dissatisfied with an annual valuation of the owner's land may object to the valuation.
'(2) An owner of land may object to the valuation of the land for rental or land tax purposes if--
(a) the owner has not previously objected under subsection (1); or
(b) the owner has objected under subsection (1) and the valuation differs from the valuation the subject of the objection.
'(3) Despite subsections (1) and (2), an objection under either subsection may be made only if--
(a) it is given to the chief executive within 45 days after the date of issue of the relevant notice of valuation under section 41A(1); and
(b) it is a properly made objection.
'(4) Subsection (3)(a) is subject to section 44.
'(5) Subsection (3)(b) is subject to section 42C.
'(6) To remove any doubt, it is declared that the owner can not make an objection to the annual valuation other than as provided for under this section.
'(1) A properly made objection is an objection that complies with all of the following requirements--
(a) the objection must be--
(i) in the approved form; and
(ii) signed by the objector or, if it is signed by an agent for the objector, accompanied by the objector's written consent to the objection;
(b) the objection must state all of the following--
(i) the objector's address for service for any notices concerning the objection;
(ii) information that identifies the objector's land, including, for example, the property identification number, real property description or property address shown on the notice about the valuation under section 41A;
(iii) the amount the objector seeks for the valuation;
(iv) the grounds of objection to the valuation, with particulars of the facts and circumstances relied upon for each of the grounds;
(v) any other matter prescribed under a regulation;
(c) if a ground of objection to the valuation concerns the comparability of the sale of any other land, the ground must state full details of--
(i) the sale; and
(ii) the reasons why the objector contends the sale is relevant to the valuation of the objector's land; and
(iii) the basis of comparison between the objector's land and the land the subject of the sale;
(d) if a ground of objection to the valuation concerns the value of improvements of the objector's land, the ground must state all of the following--
(i) any market value of the objector's land as improved recorded in the objector's books of account current on the date of valuation;
(ii) the improved value of the objector's land contended for by the objector;
(iii) the amount of the replacement cost of the improvements contended for by the objector;
(iv) the insurance replacement cost of any improvements recorded in any of the objector's books of account current on the date of valuation;
(v) the value of the improvements contended for by the objector;
(e) the objection must be accompanied by--
(i) the information the objector seeks to rely on to establish the grounds of the objection; and
(ii) any of the following in the possession or control of the objector relating to the value of the objector's land or the value of improvements--
(A) valuation reports;
(B) depreciation schedules;
(C) assessments of insurance replacement cost of improvements; and
(iii) any other information prescribed under a regulation;
(f) the objection must be accompanied by the fee prescribed under a regulation.
Note--
If a correction notice under section 42C is not complied with, the objection is taken under that section not to be a properly made objection.
'(2) The approved form must state--
(a) the matters the chief executive considers appropriate about the objection process under this part, including, for example, about objections that are not properly made objections; and
(b) that the chief executive can not decide an objection that is not a properly made objection.
'(3) In this section--
information includes expert opinion evidence.
Example--
an expert opinion concerning any of the matters mentioned in subsection (1)(c)
'(1) This section applies if the chief executive has made a valuation of the same amount for--
(a) an annual valuation; and
(b) a valuation for either rental or land tax purposes.
'(2) An objection to a valuation mentioned in subsection (1)(a) or (b) is taken to be an objection to both valuations.
'(1) The chief executive must consider an objection made under section 42 and assess whether or not it is a properly made objection.
'(2) If the decision is that the objection is not a properly made objection, the chief executive must give the objector a notice (a correction notice) stating all of the following--
(a) the date the chief executive issued the correction notice;
(b) that the objection is not a properly made objection;
(c) why the objection is not a properly made objection;
(d) that the objector must, within 14 days after the day the notice was issued, amend the objection so that it is a properly made objection;
(e) that if the objection is not amended within the 14 days so that it is a properly made objection--
(i) under subsection (4), the objection will be taken not to be a properly made objection; and
(ii) section 43(2) will prohibit the chief executive from deciding the objection; and
(iii) section 45(2)(c) will prohibit any appeal to the Land Court about the valuation of the objector's land.
'(3) Subsections (4) to (6) apply if the objector does not, within the 14 days, amend the objection so that it is a properly made objection.
'(4) The objection is taken not to be a properly made objection.
'(5) The chief executive must, within 28 days, give the objector written notice that--
(a) under this section the objection is taken not to be a properly made objection; and
(b) section 43(2) prohibits the chief executive from deciding the objection.
'(6) A failure to comply with subsection (5) does not limit or otherwise affect subsection (4).
'(1) The chief executive must consider and decide each objection under section 42.
'(2) However, the chief executive can not decide an objection that is not a properly made objection.
Note--
For other circumstances in which an objection must not be considered, see sections 43BC and 43C.
'(3) The decision must be to--
(a) allow the objection on the terms and to the extent the chief executive considers appropriate; or
(b) disallow the objection; or
(c) disallow the objection and change the amount of the valuation.
'(1) The chief executive must, as soon as practicable after making a decision under section 43, give the objector written notice of the decision and the reasons for it.
'(2) The notice must state the date it was issued.'.