South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"annual value" of land, means a value computed as three-quarters of the gross
annual rental that the land might reasonably be expected to realise if leased
upon condition that the landlord were liable for all rates, taxes and other
imposts on the land and the insurance and other outgoings necessary to
maintain the value of the land, or as five per cent of the capital value of
the land, but this definition is subject to the following
qualifications—
(a) the
annual value of land held of the Crown by virtue solely of a mining lease must
not exceed the amount of the rental payable to the Crown under the lease, and
if the annual value of any such land would, but for this paragraph, exceed
that amount, the annual value must be reduced to that amount; and
(b) if
the value of the land has been enhanced by trees planted on the land (other
than commercial plantations), or trees preserved on the land for the purpose
of shelter or ornament, the annual value must be determined as if the value of
the land had not been so enhanced; and
(c) if
the value of the land is enhanced by the existence on the land of any
fixtures, consisting of prescribed machinery, plant or equipment the annual
value of the land must (where the annual value is computed on the basis of
gross annual rental, but not otherwise) be reduced by an amount representing
depreciation on that machinery, plant or equipment; and
(d)
where it is not reasonably practicable to determine a gross annual rental in
relation to land, the annual value of the land must be computed on the basis
of the capital value of the land;
"area" means a municipality or district as defined in the Local Government
Act 1934 and an area in relation to which any body corporate is, by
virtue of any Act, taken to be or vested with the powers of, a municipal
council or district council, and any other portion or portions of the State
declared by regulation to constitute an area for the purposes of this Act;
"business of primary production" means the business of agriculture, pasturage,
horticulture, viticulture, apiculture, poultry farming, dairy farming,
forestry or any other business consisting of the cultivation of soils, the
gathering in of crops or the rearing of livestock or consisting of the
propagation and harvesting of fish or other aquatic organisms;
"capital value" of land means the capital amount that an unencumbered estate
of fee simple in the land might reasonably be expected to realise upon sale,
but if the value of the land has been enhanced by trees planted on the land
(other than commercial plantations), or trees preserved on the land for the
purpose of shelter or ornament, the capital value must be determined as if the
value of the land had not been so enhanced;
"council" means a municipal council or a district council and includes any
body corporate that is, by virtue of any Act, taken to be, or vested with the
powers of, a municipal or district council;
"general valuation" means a valuation of all the land within an area on which
any rate, tax or impost is to be levied or imposed under the provisions of any
of the rating or taxing Acts;
"owner" of land means the person who is liable to pay tax in respect of the
land under the Land Tax Act 1936 , or where there is no person so liable,
a person who is liable, as owner or occupier of the land, to pay any rate, tax
or impost under any other of the rating or taxing Acts;
"the rating or taxing Acts" means—
(a) the
Land Tax Act 1936 ; and
(b) the
Local Government Act 1934 ; and
(ba) the
Emergency Services Funding Act 1998 ; and
(c) the
Waterworks Act 1932 , the Water Conservation Act 1936 and the
Sewerage Act 1929 ;
"site value" of land means the capital amount that an unencumbered estate in
fee simple in the land might reasonably be expected to realise upon sale
assuming that any improvements on the land, the benefit of which is
unexhausted at the time of valuation, had not been made; for the purposes of
this definition—
(a)
"improvements" means—
(i)
buildings and structures (but not including structures in
the nature of site works); and
(ii)
wells, dams and reservoirs; and
(iii)
the planting of trees for commercial purposes;
"unimproved value" of land means the capital amount that an unencumbered
estate of fee simple in the land might reasonably be expected to realise upon
sale assuming that any improvements on the land (except, in the case of land
not used for primary production, any site improvements), the benefit of which
is unexhausted at the time of valuation, had not been made; for the purposes
of this definition—
(a)
"improvements" means houses and buildings, fixtures and other building
improvements of any kind whatsoever, fences, bridges, roads, tanks, wells,
dams, fruit trees, bushes, shrubs and other plants planted or sown, whether
for trade or other purposes, draining of land, ringbarking, clearing of timber
or scrub and any other actual improvements;
(b)
"site improvements" means reclamation of land by draining or filling, and any
retaining walls or other structures or works ancillary to that reclamation,
the excavation, grading or levelling of land, the removal of rocks, stone,
sand or soil, and the clearing of timber, scrub or other vegetation;
"value" in relation to land means the annual value, the capital value, the
site value and the unimproved value of the land or any one or more of
those values; "to value" means to determine or assess those values
or any one or more of them; and "determination of value" or
"valuation" means a determination or assessment of those values or any one or
more of them.
(2) Where land
is—
(a) a
primary strata lot in a strata scheme under the Community Titles Act 1996
in which none of the primary lots has been divided by a secondary plan; or
(b) a
unit under the Strata Titles Act 1988 ,
the unimproved value or site value of the lot or unit will be determined as
follows:
(c) the
capital value of all lots or units shown on the plan will be assessed; and
(d) the
unimproved value or site value (as the case may require) of the parcel or site
will be assessed; and
(e) the
unimproved value or site value of the strata lot or unit will be taken to be
the value that bears to the unimproved value or site value of the parcel or
site the same proportion as the capital value of the lot or unit bears to the
aggregate capital value of all the strata lots or units shown on the plan.
(3) Where any of the
primary strata lots created by the deposit of a primary strata plan under the
Community Titles Act 1996 have been divided by a secondary plan the
unimproved value or site value of the primary lots that have not been divided
by a secondary plan (if any), the secondary lots that have not been divided by
a tertiary plan (if any) and the tertiary lots (if any) will be determined as
follows:
(a) the
capital value of all the undivided primary and secondary lots and the tertiary
lots shown on the plan will be assessed; and
(b) the
unimproved value or site value (as the case may require) of the primary parcel
will be assessed; and
(c) the
unimproved value or site value of a primary, secondary or tertiary lot will be
taken to be the value that bears to the unimproved value or site value of the
primary parcel the same proportion as the capital value of the lot bears to
the aggregate capital value of all the undivided primary and secondary lots
and the tertiary lots shown on the plan.