VALUATION OF LAND AND OTHER LEGISLATION AMENDMENT ACT 2010 No. 7 - SECT 52 52 Insertion of new pt 9, div 5
VALUATION OF LAND AND OTHER LEGISLATION AMENDMENT ACT 2010 No. 7 - SECT 52
52 Insertion of new pt 9, div 5Part 9--
insert--
'In this division--
amending Act means the Valuation of Land and Other Legislation Amendment Act 2010.
commencement means the date of assent of the amending Act.
former, for a provision mentioned in this division, means the provision to which the reference relates is a provision of the pre-amended Act, as affected by any relevant definitions under the pre-amended Act.
new, for a provision mentioned in this division, means the provision to which the reference relates is a provision of the post-amended Act, as affected by any relevant definitions under the post-amended Act.
post-amended Act means this Act as in force from the commencement.
pre-amended Act means this Act as in force before the commencement.
'(1) This subdivision applies to a valuation issued or made and in effect at any time on or from 30 June 2002 but before the commencement.
'(2) However, this subdivision does not apply if an appeal under this Act against the valuation was started but not finally decided before the commencement.
'(1) The valuation is taken to be, and to have always been, validly made under this Act for--
(a) generally--the amount stated in the valuation; or
(b) if an objection against the valuation was made under this Act before the commencement and the valuation was not appealed against--the amount of the valuation decided on the objection; or
(c) if an appeal against the valuation was finally decided before the commencement--the amount of the valuation decided on the appeal.
'(2) Subsection (1)(b) applies whether the decision is made before or after the commencement.
'(3) This section is subject to section 107.
'(1) Section 106 does not prevent the application of sections 28 and 29A, as in force from time to time, to the valuation in circumstances of error or omission, change of circumstances or adverse natural causes.
'(2) New sections 3 to 6 and 23 apply for the application of sections 28 and 29A to the valuation.
'(3) To remove any doubt, it is declared that--
(a) section 28(1)(g) does not apply to the valuation; and
(b) sections 28 and 29A do not apply to the valuation merely because of the operation of former sections 3 to 6 and 23 before the commencement; and
(c) the chief executive can not re-issue, re-make or amend the valuation to increase its amount merely because of the operation of new sections 3 to 6 and 23.
'Former sections 3 to 6 and 23 continue to apply for the purpose of a proceeding decided before the commencement.
'(1) Former sections 3 to 6 and 23 continue to apply for the deciding, on or before 30 June 2010, of a proceeding started before the commencement.
'(2) New sections 3 to 6 and 23 apply for the deciding--
(a) of a proceeding started before the commencement and decided after 30 June 2010; and
Example--
New sections 3 to 6 and 23 apply for an appeal from a proceeding mentioned in subsection (1) if the appeal started before the commencement but is not decided on or before 30 June 2010.
(b) of any proceeding started after the commencement.
'(3) For this section, a proceeding that is an appeal starts when the notice of appeal is filed.
'To remove any doubt, it is declared that, for the pre-amended Act, the holder or a lawful occupier of a petroleum lease has always been an owner of the land the subject of the lease.
'(1) This section applies if before the commencement the chief executive purports to approve and make available the first approved form for an objection under new sections 42 and 52.
'(2) The approval of the form and the making of its availability are taken to have been validly made or done on the commencement.
'(3) Making the form available before the commencement as mentioned in subsection (1) includes publishing it on the department's website without notifying it in the gazette.
'(4) Subsections (2) and (3)--
(a) apply despite the Statutory Instruments Act 1992, section 58 (section 58); and
(b) do not prevent a notice under section 58 about the form from being gazetted after the commencement.
'(5) A gazettal mentioned in subsection (4)(b) does not change the approval of the form on the commencement.
'(1) For an annual valuation that takes effect on 30 June 2010, the date of valuation is taken to be 1 October 2009.
'(2) For another valuation issued or made after the commencement, its date of valuation is the date stated in the relevant notice about the valuation under new section 50.
'(1) This section applies to a valuation the notice for which is issued before--
(a) a day prescribed under a regulation; or
(b) if no day is prescribed under a regulation before the first 2010 valuation--the day the notice for the first 2010 valuation is issued.
'(2) Despite the post-amended Act, the pre-amended Act applies for making the objection and any appeal relating to the objection.
'(3) In this section--
first 2010 valuation means the first valuation under the post-amended Act to take effect on 30 June 2010 for which a notice is given.
notice, for a valuation, means the notice about the valuation required under former section 41A or 50 or new section 41A or 50.
'(1) Despite the post-amended Act, former sections 45, 55 and 56 continue to apply for an appeal against a decision on an objection if the objection was made before the commencement.
'(2) New section 63A does not apply for the appeal.
'(1) This section applies despite the post-amended Act.
'(2) The amendments to this Act under the amending Act, other than sections 105 and 106, do not apply for valuations that take effect on or from 30 June 2011.
'(3) The pre-amended Act applies to valuations that take effect on or from 30 June 2011.
Editor's note--
For the text of the pre-amended Act, see reprint 7E of this Act.
'(4) Subsection (3) is subject to section 116.
'(1) If an objection or appeal under the post-amended Act has not been decided on or before 30 June 2011, the objection or appeal must continue to be decided under the post-amended Act.
'(2) This section is subject to section 113.'.