South Australian Consolidated Acts

VALUATION OF LAND ACT 1971 - SECT 25B

25B—Review of valuation

        (1)         A person who is dissatisfied with the decision of the Valuer-General upon an objection under this Part may, within 21 days of the day on which he or she receives notice of the decision, apply for a review of the valuation.

        (2)         An application under this section—

            (a)         must be made in the prescribed manner and form; and

            (b)         must be lodged at the office of the Valuer-General or served, by post, on the Valuer-General; and

            (c)         must be accompanied by the prescribed fee.

        (3)         No application for review of a valuation may be made under this section if the objection to the valuation involves a question of law.

        (4)         Where due application for review of a valuation is made under this section, a land valuer (in this section referred to as "the valuer") must be selected in accordance with the regulations from the appropriate panel of land valuers to conduct the review.

        (5)         Subject to this section, the valuer must, in conducting a review under this section, take into account—

            (a)         the matters set out in the application for review; and

            (b)         any representations of the applicant and the Valuer-General made under subsection (7); and

            (c)         any other matter that the valuer considers relevant to the review of the valuation.

        (6)         The matters to be considered upon a review under this section must be confined to questions of fact and must not involve questions of law.

        (7)         The valuer must afford the applicant and the Valuer-General a reasonable opportunity to make representations to the valuer on the subject matter of the review.

        (8)         Representations may be made under subsection (7) personally, by a land valuer acting on behalf of the applicant or the Valuer-General, or by any other representative.

        (9)         Subject to subsection (10), the valuer must, upon the determination of the review, confirm, increase or decrease the valuation.

        (10)         A valuer must not make any alteration to a valuation under subsection (9) which has the effect of increasing or decreasing the valuation by a proportion of one-tenth or less.

        (11)         The Valuer-General must make such alterations (if any) to the valuation and valuation roll as are necessary to give effect to the decision of the valuer upon the review.

        (12)         Where a valuation is reduced upon a review under this section, the fee paid by the applicant for the review must be refunded.