VALUATION OF LAND AND OTHER LEGISLATION AMENDMENT ACT 2010 No. 7 - SECT 37 37 Replacement of s 52 (Objections to valuation)
VALUATION OF LAND AND OTHER LEGISLATION AMENDMENT ACT 2010 No. 7 - SECT 37
37 Replacement of s 52 (Objections to valuation)omit, insert--
'(1) An owner who is dissatisfied with a valuation, other than an annual valuation, of the owner's land may object to the valuation.
'(2) However, the objection 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 50(1); and
(b) it is a properly made objection.
'(3) Subsection (2)(a) is subject to section 52A.
'(4) Subsection (2)(b) is subject to section 52AB.
'(5) To remove any doubt, it is declared that the owner can not make an objection to the 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 of valuation under section 50;
(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 52AB 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) The chief executive must consider an objection made under section 52 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 53(2) will prohibit the chief executive from deciding the objection; and
(iii) section 55(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 53(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).'.