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PARLIAMENT OF VICTORIA
Valuation of Land Amendment Bill 2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENTS TO THE VALUATION OF LAND
ACT 1960 3
3 Definitions 3
4 New section 4A inserted 4
4A Ministerial power of delegation 4
5 Functions of valuer-general 4
6 Valuation of transmission easements 5
7 Section 6 substituted 5
6 Participation in general valuations made by a valuation
authority 5
8 Section 7 substituted 6
7 Requirement to confer with valuer-general 6
7AA Requirement to report on council general valuation 7
7AB Return of amended council general valuation 8
7AC Assessment of council general valuation by valuer-
general 8
7AD Requirements as to valuer-general general valuation 9
7AE Order where council general valuation reported not
generally true and correct 9
7AF Declaration where general valuation certified true and
correct 10
7AG Use of valuation by another rating authority 11
7AH Valuation taken to be made by rating authority 11
9 Amendments to section 7A 11
10 New sections inserted after section 7A 12
7B Council to provide valuation to valuer-general 12
7C Valuer-general to maintain valuation record 12
7D What information is available from the valuation
record? 13
7E Searching the valuation record 13
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Clause Page
11 Repeal of section 8 13
12 Section 8AA substituted 13
8AA Fees for copy of valuation 13
13 Substitution of Part heading 14
14 Insertion of new sections 9 to 12 14
9 Where council is valuation authority 14
10 Where valuer-general is valuation authority 14
11 General valuation to be made every two years 15
12 Minister may direct a general valuation of land 16
15 Repeal of Division heading 16
16 Section 13DA substituted 16
13DA Council valuations 16
17 Consequential repeal of provisions 17
18 New section 13DFB 17
13DFB Valuation authority to make supplementary valuation
on behalf of council 17
19 Valuation on union of or annexation by council 17
20 Valuer's powers and duties 18
21 Repeal of requirement for certain returns 18
22 Section 15 substituted 18
15 Notice of valuation 18
23 Who may object? 20
24 Time for lodging objection 21
25 Further limitation on lodging of objections if previous objection
lodged 21
26 Exchange of information on certain objections 21
27 Determination of objection 22
28 Application to VCAT for review 23
29 Costs 23
30 New section 34 inserted 23
34 Transitional provision--Valuation of Land
Amendment Act 2009 23
PART 3--CONSEQUENTIAL AMENDMENTS TO OTHER
ACTS 24
31 Amendment of the Local Government Act 1989 24
32 Amendment of the Land Acquisition and Compensation
Act 1986 24
33 Amendment of the Land Tax Act 2005 24
34 Amendment of the Subdivision Act 1988 25
35 Amendment of the Victorian Urban Development Authority
Act 2003 25
561428B.I-1/9/2009 ii BILL LA INTRODUCTION 1/9/2009
Clause Page
PART 4--REPEAL OF AMENDING ACT 26
36 Repeal of amending Act 26
ENDNOTES 27
561428B.I-1/9/2009 iii BILL LA INTRODUCTION 1/9/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Valuation of Land Amendment Bill
2009
A Bill for an Act to amend the Valuation of Land Act 1960, to make
consequential amendments to other Acts and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to amend the Valuation of Land Act 1960
5 to--
(i) make further provision for processes
under the Act; and
(ii) give further powers to the valuer-
general; and
10 (iii) make provision for other matters; and
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Part 1--Preliminary
s. 2
(b) to make consequential amendments to other
Acts.
2 Commencement
(1) Subject to subsection (2), this Act comes into
5 operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 May 2010, it comes into
operation on that day.
__________________
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Part 2--Amendments to the Valuation of Land Act 1960
s. 3
PART 2--AMENDMENTS TO THE VALUATION OF LAND
ACT 1960
3 Definitions See:
Act No.
6653.
In section 2(1) of the Valuation of Land Act Reprint No. 12
5 1960-- as at
2 July 2008.
(a) insert the following definitions-- LawToday:
www.
"council general valuation means a general legislation.
vic.gov.au
valuation that a council is causing or
has caused to be made for the
10 municipal district of the council;
municipal district has the same meaning as
in the Local Government Act 1989;
notice of valuation means a notice given
under section 15(1)(a)(i), 15(2)(a)
15 or 15(3)(a);
relevant municipal district, in relation to a
valuation authority, means--
(a) if the valuation authority is a
council, the municipal district of
20 that council;
(b) if the valuation authority is the
valuer-general, the municipal
district of the council that has
nominated the valuer-general
25 under section 10 as a valuation
authority;
valuation authority, in relation to a
municipal district, means--
(a) the council for the municipal
30 district under section 9; or
(b) if the council for the municipal
district has nominated the valuer-
general under section 10 to cause
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s. 4
general valuations to be made for
the municipal district, the valuer-
general;
valuation record means the record of general
5 and supplementary valuations
established and maintained by the
valuer-general under section 7C;
valuer-general general valuation means a
general valuation that the valuer-
10 general is causing or has caused to be
made for a relevant municipal district.";
(b) in the definition of urban farm land--
(i) for "Council" substitute "valuation
authority";
15 (ii) for "the land." substitute "the land;";
(c) in the definition of general valuation, omit
"and includes any valuation made pursuant
to subsection (2) of section eight of this
Act".
20 4 New section 4A inserted
After section 4 of the Valuation of Land Act
1960 insert--
"4A Ministerial power of delegation
The Minister may, in writing, delegate to the
25 Secretary his or her powers under
section 8AA(2).".
5 Functions of valuer-general
After section 5(1)(a) of the Valuation of Land
Act 1960 insert--
30 "(ab) to make general valuations when so
nominated by councils;
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s. 6
(ac) to establish and maintain the valuation
record, and to make certain parts of the
valuation record publicly available in
accordance with section 7D;".
5 6 Valuation of transmission easements
In section 5B(2A) of the Valuation of Land Act
1960--
(a) in paragraph (b)--
(i) for "section 13DC(4)" substitute
10 "section 12";
(ii) for "section 13DC(3)" substitute
"section 11";
(b) for "the Minister under section 13DC(4)"
substitute "the Minister under section 12".
15 7 Section 6 substituted
For section 6 of the Valuation of Land Act 1960
substitute--
"6 Participation in general valuations made
by a valuation authority
20 (1) A valuation authority proposing to make a
general valuation must give not less than one
month's notice of the decision to cause the
valuation to be made to--
(a) every other rating authority interested
25 in the valuation of land in the relevant
municipal district; and
(b) in the case of a council general
valuation, the valuer-general.
(2) A rating authority that has received notice
30 under subsection (1) may, by notice, require
the general valuation prepared by the
valuation authority or any specified part of
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that valuation to show any one or more of the
following--
(a) the net annual value;
(b) the site value;
5 (c) the capital improved value.
(3) A notice under subsection (2) must be given
to the valuer-general.
(4) On receiving a notice under subsection (2) in
relation to a council general valuation, the
10 valuer-general must request the council to
show the values requested in the valuation,
and the council must ensure that the request
of the valuer-general is given effect to.
(5) The additional cost incurred by a council in
15 complying with a request of the valuer-
general under subsection (4) must be met
by the authority responsible for the request.
If there is more than one such authority, the
cost must be met in the proportions
20 determined by the valuer-general.
(6) Any cost met by an authority under
subsection (5) must be taken into account in
the determination of fees under
section 8AA.".
25 8 Section 7 substituted
For section 7 of the Valuation of Land Act 1960
substitute--
"7 Requirement to confer with valuer-
general
30 If a council is causing a council general
valuation to be made, the valuer-general may
require any valuer, appointed or employed
by the council to carry out the valuation, to
confer with--
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(a) the valuer-general; or
(b) an officer or employee of the valuer-
general, nominated by the valuer-
general; or
5 (c) any other valuer designated by the
valuer-general--
for the purpose of any rate of another rating
authority, the area of which is in the relevant
municipal district.
10 7AA Requirement to report on council general
valuation
(1) A valuer who carries out a council general
valuation must give a report of the valuation
in the prescribed form to the valuer-general.
15 (2) A report under subsection (1) must be given
within 2 months of the date on which the
valuation was returned to the council.
(3) If, after considering a report under
subsection (1), the valuer-general is satisfied
20 that--
(a) the whole or a part or parts of the
general valuation are not generally true
and correct; and
(b) it would be practicable for an amending
25 valuation to be made to render the
valuation generally true and correct--
the valuer-general may so notify the valuer.
(4) A valuer must comply, as soon as is
reasonably possible, with any request for
30 information that the valuer-general makes for
the purpose of enabling the valuer-general to
fulfil his or her duties under this section.
Penalty: 5 penalty units.
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7AB Return of amended council general
valuation
(1) A valuer who has received a notice from the
valuer-general under section 7AA(3) may
5 return any amending valuation that he or she
considers appropriate in the circumstances.
(2) If a council general valuation has been
amended under subsection (1), the amended
valuation is taken to be the general valuation
10 and the council may adjust the rate payable
retrospectively for any period it considers
just.
7AC Assessment of council general valuation
by valuer-general
15 (1) After taking all appropriate steps under
sections 7 and 7AA, the valuer-general must
determine whether or not a council general
valuation is generally true and correct.
(2) A determination under subsection (1) may
20 vary in relation to a part or parts of the
valuation.
(3) On making a determination under subsection
(1), the valuer-general may do the
following--
25 (a) if satisfied that the whole or a part of
the valuation is generally true and
correct, so certify;
(b) if satisfied that the whole or a part of
the valuation is not generally true and
30 correct, so report on the valuation.
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7AD Requirements as to valuer-general general
valuation
(1) The valuer-general must determine whether
or not a valuer-general general valuation that
5 he or she has caused to be made is generally
true and correct.
(2) Before making a determination under
subsection (1), the valuer-general may take
all reasonable steps to ensure that the
10 valuation is generally true and correct.
(3) On being satisfied that a general valuation
under this section is generally true and
correct, the valuer-general may so certify.
7AE Order where council general valuation
15 reported not generally true and correct
(1) On receiving a report from the valuer-
general that the whole or a part of a council
general valuation is not generally true and
correct, the Minister may recommend to the
20 Governor in Council that an Order be made
under this section.
(2) On receiving a recommendation of the
Minister under subsection (1), the Governor
in Council may, by Order published in the
25 Government Gazette--
(a) require a council to cause a new general
valuation to be made as soon as
possible on all of the rateable land in
the whole or any part of the municipal
30 district on the basis or bases of value
assessed that are specified in the Order;
or
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(b) limit the use of a council general
valuation by the council and any other
rating authority as to any one or more
of the bases of value assessed to such
5 period as is specified in the Order.
7AF Declaration where general valuation
certified true and correct
(1) In accordance with this section the Minister
may declare that--
10 (a) a valuer-general general valuation is
generally true and correct; or
(b) a council general valuation is generally
true and correct--
(i) as to the whole valuation or any
15 part or parts of the valuation; or
(ii) as to any one or more of the bases
of value assessed.
(2) On making a declaration under subsection
(1), the whole or that part of the valuation
20 which is declared generally true and correct
is taken to be suitable to be adopted and used
for the purposes of any rating authority for
the full period allowed by Part II or any other
Act that applies to a particular rating
25 authority using the valuation.
(3) Before making a declaration under
subsection (1), the Minister must be satisfied
that the valuer-general has certified under
this Part that the valuation, or the relevant
30 part of the valuation is generally true and
correct.
(4) A declaration under subsection (1) must be
in writing.
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7AG Use of valuation by another rating
authority
(1) A rating authority may apply to the valuer-
general to use the whole or part of a general
5 valuation or supplementary valuation made
by or for a valuation authority, the record of
which is kept by the valuer-general in the
valuation record.
(2) On receiving an application under subsection
10 (1), the valuer-general must give the rating
authority a copy of the valuation or part of
the valuation that has been declared as being
generally true and correct under section 7AF.
(3) A copy of the valuation or part of the
15 valuation must be given to the rating
authority under subsection (2), within
2 months of--
(a) the valuer-general receiving the request
(if the valuation is made at the time of
20 the request); or
(b) the making of the valuation (if the
valuation is not made at the time of the
request).
7AH Valuation taken to be made by rating
25 authority
A valuation that has been given to a rating
authority for use under section 7AG is taken
to be made for the purposes of the rating
authority.".
30 9 Amendments to section 7A
In section 7A(1) of the Valuation of Land Act
1960, for "a general valuation" substitute
"a council general valuation for that council".
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10 New sections inserted after section 7A
After section 7A of the Valuation of Land Act
1960 insert--
"7B Council to provide valuation to valuer-
5 general
(1) A council that has caused a general valuation
or supplementary valuation of rateable land
within its municipal district to be made must
provide that valuation to the valuer-general
10 within 2 months of the making of the
valuation.
(2) Subsection (1) does not apply if the valuer
employed or appointed by the council has
already provided the valuation to the valuer-
15 general--
(a) if the valuation is a general valuation,
in accordance with section 7AA;
(b) if the valuation is a supplementary
valuation, in accordance with section
20 13DFA(1).
7C Valuer-general to maintain valuation
record
(1) The valuer-general is responsible for
establishing and maintaining a record of--
25 (a) all valuer-general general valuations;
and
(b) all council general valuations provided
to the valuer-general under this Act;
and
30 (c) all supplementary valuations provided
to the valuer-general under this Act.
(2) The valuer-general may establish and
maintain the valuation record in any form
that the valuer-general thinks fit.
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7D What information is available from the
valuation record?
(1) The valuer-general must ensure that, subject
to the Information Privacy Principles, any
5 information that forms part of the valuation
record is made available to the public.
(2) In this section, Information Privacy
Principle has the same meaning as in the
Information Privacy Act 2000.
10 7E Searching the valuation record
(1) A person may apply to the valuer-general for
access to information or records that form
part of the valuation record and that are
publicly available under section 7D.
15 (2) An application under this section must be
accompanied by the prescribed fee.".
11 Repeal of section 8
Section 8 of the Valuation of Land Act 1960 is
repealed.
20 12 Section 8AA substituted
For section 8AA of the Valuation of Land Act
1960 substitute--
"8AA Fees for copy of valuation
(1) A rating authority that has received a copy of
25 the whole or part of a valuation for use under
section 7AG must pay the valuation
authority--
(a) on receipt of the valuation, a fee for the
use of the valuation; and
30 (b) after that, fees in respect of the
servicing of the valuation.
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(2) A fee payable under subsection (1) is--
(a) the fee agreed between the parties; or
(b) in default of an agreement, the fee
determined by the Minister.
5 (3) A fee is not payable under this section unless
the valuation or part of the valuation
provided has been declared as generally true
and correct by the Minister under
section 7AF.".
10 13 Substitution of Part heading
For the heading to Part II of the Valuation of
Land Act 1960 substitute--
"PART II--VALUATIONS FOR LOCAL
GOVERNMENT ACT 1989".
15 14 Insertion of new sections 9 to 12
After the heading to Part II of the Valuation of
Land Act 1960 insert--
"9 Where council is valuation authority
Subject to section 10, a council is the
20 valuation authority in respect of the
municipal district of the council.
10 Where valuer-general is valuation
authority
(1) A council may nominate the valuer-general
25 to be the valuation authority in respect of the
municipal district of the nominating council.
(2) On the making of a nomination under
subsection (1), the valuer-general has the
power to cause a valuation of all rateable
30 land in the municipal district of the council
which has made the nomination.
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(3) A nomination by a council under subsection
(1) must be made--
(a) to the valuer-general in writing; and
(b) by 30 June of the even calendar year
5 that immediately precedes the next
even calendar year in which a general
valuation is to be made.
(4) A nomination under subsection (1) continues
in force until the nomination is revoked in
10 accordance with subsection (5).
(5) A nomination under subsection (1) may be
revoked by a council if the revocation is
made--
(a) in the same manner as the nomination
15 was made; and
(b) before 30 June of the even calendar
year that immediately precedes the next
even calendar year in which a valuation
is to be made; and
20 (c) in respect of a general valuation that
has not yet been caused to commence.
11 General valuation to be made every two
years
A valuation authority must, for the purposes
25 of the Local Government Act 1989, cause a
general valuation of rateable land within the
relevant municipal district to be made as at
1 January in every even calendar year and
returned to--
30 (a) the valuation authority; and
(b) if the valuation authority is not the
rating authority, the rating authority--
before 30 June in that year.
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12 Minister may direct a general valuation of
land
The Minister, after consultation with the
valuer-general, may direct a valuation
5 authority to cause a valuation of rateable
land within the relevant municipal district to
be made as at, and returned before, dates
other than those specified in section 11.".
15 Repeal of Division heading
10 In Part II of the Valuation of Land Act 1960, the
heading to Division 3A is repealed.
16 Section 13DA substituted
For section 13DA of the Valuation of Land Act
1960 substitute--
15 "13DA Council valuations
(1) A council, when making a valuation under
this Act for the purposes of the Local
Government Act 1989, may appoint one or
more people to carry out the valuation.
20 (2) A council must not appoint a person under
subsection (1) unless the person holds the
qualifications or experience specified from
time to time by the Minister by notice
published in the Government Gazette.
25 (3) If--
(a) a valuer who is qualified under
subsection (2) and acceptable to the
council is not reasonably available to
the council; and
30 (b) the valuer-general reasonably believes
it is necessary to do so--
the valuer-general, or a valuer nominated by
the valuer-general, may carry out valuations
for the council for a fee.".
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s. 17
17 Consequential repeal of provisions
Sections 13DC(3) and 13DC(4) of the Valuation
of Land Act 1960 are repealed.
18 New section 13DFB
5 After section 13DFA of the Valuation of Land
Act 1960 insert--
"13DFB Valuation authority to make
supplementary valuation on behalf of
council
10 (1) If the valuer-general is the valuation
authority for a municipal district, the valuer-
general must carry out a supplementary
valuation under section 13DF if so requested
by the council of that municipal district.
15 (2) A request by a council under subsection (1)
must be made to the valuer-general in
writing.".
19 Valuation on union of or annexation by council
(1) In section 13DG(2) of the Valuation of Land Act
20 1960--
(a) for "for the council" substitute "of the new
municipal district";
(b) for "the council" (where secondly occurring)
substitute "the valuation authority";
25 (c) for "its municipal district" substitute "the
municipal district".
(2) In section 13DG(3) of the Valuation of Land Act
1960--
(a) in paragraph (a), for "the council" substitute
30 "the valuation authority";
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(b) in paragraph (c)--
(i) for "the council" substitute "the
valuation authority"; and
(ii) for "its municipal district" substitute
5 "the municipal district".
20 Valuer's powers and duties
Section 13DH(3) of the Valuation of Land Act
1960 is repealed.
21 Repeal of requirement for certain returns
10 Section 13DI(1) of the Valuation of Land Act
1960 is repealed.
22 Section 15 substituted
For section 15 of the Valuation of Land Act
1960 substitute--
15 "15 Notice of valuation
(1) A valuation authority that is not also a rating
authority that makes a general valuation or
causes a general valuation to be made must
either--
20 (a) give--
(i) notice of that valuation, in
accordance with this section; and
(ii) notice that some other authority
may use one of the bases of value
25 shown in the notice under
subparagraph (i) for the purposes
of a rate or tax levied by that
authority; or
(b) give sufficient information to the
30 relevant rating authority as to that
valuation to enable the rating authority
to give notice in accordance with this
section.
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(2) A rating authority that makes a general or
supplementary valuation or causes a general
or supplementary valuation to be made must
give--
5 (a) notice of that valuation, in accordance
with this section; and
(b) notice that some other authority may
use one of the bases of value shown in
the notice under paragraph (a) for the
10 purposes of a rate or tax levied by that
authority.
(3) A rating authority that receives information
from a valuation authority under section
(1)(b) as to a general valuation must give--
15 (a) notice of that valuation in accordance
with this section; and
(b) notice that some other authority may
use one of the bases of value shown in
the notice under paragraph (a) for the
20 purposes of a rate or tax levied by that
authority.
(4) A notice of valuation must be given within
2 months of the valuation being declared to
be generally true and correct by the Minister
25 under section 7AF.
(5) A notice of valuation must be given to each
person within the municipal district in
respect of which the valuation has been made
who is or will be liable to pay a rate made by
30 the rating authority for the municipal district.
(6) A notice of valuation must--
(a) identify the land in respect of which the
rate is or will be payable; and
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(b) show the capital improved value, the
site value and the net annual value as
assessed in respect of the land; and
(c) state the date at which the value of land
5 was assessed.
(7) If the person liable for payment of the rate is
not the occupier of the land, the authority
responsible for giving a notice of valuation
must also give such a notice to the occupier.
10 (8) A notice under subsection (1)(a)(ii), (2)(b)
or (3)(b) must be given before or at the same
time as the notice of valuation to which it
relates.
(9) This section does not apply in respect of a
15 valuation of a transmission easement made
under section 5B.".
23 Who may object?
(1) For section 16(1) of the Valuation of Land Act
1960 substitute--
20 "(1) A person aggrieved by a valuation of any
land made or caused to be made by a
valuation authority may lodge a written
objection to that valuation, on any one or
more of the grounds set out in section 17,
25 with the authority that gave the notice of
valuation.".
(2) For section 16(3) of the Valuation of Land Act
1960 substitute--
"(3) An objection must not be disallowed merely
30 because of a failure to comply with
subsection (2).".
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Valuation of Land Amendment Bill 2009
Part 2--Amendments to the Valuation of Land Act 1960
s. 24
(3) In section 16(4) of the Valuation of Land Act
1960--
(a) for "a notice of valuation by a rating
authority under section 15(1)(a) or (3)"
5 substitute "a notice of valuation";
(b) for "levied by that authority" substitute
"levied by the authority that gave the notice".
(4) For section 16(5)(b) of the Valuation of Land
Act 1960 substitute--
10 "(b) the person has not been given a notice of
valuation.".
(5) In section 16(6), of the Valuation of Land Act
1960, for "rating authority" substitute "valuation
authority".
15 (6) In section 16(6A) of the Valuation of Land Act
1960, for "a notice of valuation by a rating
authority" substitute "a notice of valuation".
(7) In sections 16(6B) and 16(6C) of the Valuation of
Land Act 1960, for "rating authority" (wherever
20 occurring) substitute "valuation authority".
24 Time for lodging objection
In section 18(a) of the Valuation of Land Act
1960, omit "under section 15(1)(a)".
25 Further limitation on lodging of objections if
25 previous objection lodged
In section 19(1) of the Valuation of Land Act
1960, after "rating authority" insert "or valuation
authority".
26 Exchange of information on certain objections
30 (1) In section 20(2) of the Valuation of Land Act
1960--
(a) for "the rating authority" substitute
"the authority";
561428B.I-1/9/2009 21 BILL LA INTRODUCTION 1/9/2009
Valuation of Land Amendment Bill 2009
Part 2--Amendments to the Valuation of Land Act 1960
s. 27
(b) for "the valuer for the authority" substitute
"the valuer to whom the objection has been
referred".
(2) In section 20(3) of the Valuation of Land Act
5 1960, for "rating authority" substitute "valuation
authority".
27 Determination of objection
(1) For section 21(2) of the Valuation of Land Act
1960 substitute--
10 "(2) If an objection has been lodged with an
authority that is not the valuation authority
that made the valuation or caused the
valuation to be made, the authority must
refer the objection to that valuation authority.
15 (2A) A valuation authority with whom a valuation
has been lodged or to whom an objection has
been referred under subsection (2), must
refer the objection to the valuer who made
the valuation.
20 (2B) A valuer to whom an objection has been
referred must provide the objector with a
reasonable opportunity to discuss his or her
objection with the valuer.".
(2) In section 21(3)(b)(ii) of the Valuation of Land
25 Act 1960, for "rating authority" substitute
"valuation authority".
(3) In section 21(5) of the Valuation of Land Act
1960, for "and the rating authority" substitute
", the valuation authority and any other rating
30 authority that uses or proposes to use the
valuation".
(4) In section 21(7) of the Valuation of Land Act
1960, for "subsection (2)" substitute
"subsection (2B)".
561428B.I-1/9/2009 22 BILL LA INTRODUCTION 1/9/2009
Valuation of Land Amendment Bill 2009
Part 2--Amendments to the Valuation of Land Act 1960
s. 28
28 Application to VCAT for review
(1) In sections 22(2), 22(4)(a), 22(5) and 22(6) of the
Valuation of Land Act 1960 for "rating
authority" (wherever occurring) substitute
5 "valuation authority".
(2) For section 22(8) of the Valuation of Land Act
1960 substitute--
"(8) Despite subsection (2), the valuer for a
valuation authority may give an objector
10 notice of a decision on the objection or a
copy of a recommendation under section
21(3)(b)(ii) more than 4 months after the
objection was lodged with the valuation
authority.
15 (9) Despite subsection (3), the valuer-general
may give an objector notice of a decision
under section 21(5) more than 2 months after
a copy of a recommendation was given to the
objector under section 21(3)(b)(ii).".
20 29 Costs
In section 26(2)(g) of the Valuation of Land Act
1960, for "rating authority" substitute "valuation
authority".
30 New section 34 inserted
25 After section 33 of the Valuation of Land Act
1960 insert--
"34 Transitional provision--Valuation of
Land Amendment Act 2009
Despite section 10(3)(b), a council that is
30 proposing to make a nomination under
section 10 that is to have effect with respect
to a general valuation for the year 2012, must
make that nomination by 30 September
2010.".
__________________
561428B.I-1/9/2009 23 BILL LA INTRODUCTION 1/9/2009
Valuation of Land Amendment Bill 2009
Part 3--Consequential amendments to other Acts
s. 31
PART 3--CONSEQUENTIAL AMENDMENTS TO OTHER
ACTS
31 Amendment of the Local Government Act 1989
(1) In section 181(3) of the Local Government Act
5 1989, for "section 13DA(1A)" substitute
"section 13DA(2)".
(2) In section 189(2)(b) of the Local Government
Act 1989, for "section 13DA(1A)" substitute
"section 13DA(2)".
10 32 Amendment of the Land Acquisition and
Compensation Act 1986
(1) In section 31(5) of the Land Acquisition and
Compensation Act 1986, for "section 13DA(1A)"
substitute "section 13DA(2)".
15 (2) In section 35(1)(f)(i) of the Land Acquisition
and Compensation Act 1986, for "section
13DA(1A)" substitute "section 13DA(2)".
(3) In section 96(1)(c) of the Land Acquisition and
Compensation Act 1986, for "section 13DA(1A)"
20 substitute "section 13DA(2)".
(4) In section 97(1) of the Land Acquisition and
Compensation Act 1986, for "section 13DA(1A)"
(wherever occurring) substitute "section
13DA(2)".
25 33 Amendment of the Land Tax Act 2005
(1) In section 3(1) of the Land Tax Act 2005--
(a) in the definition of return date, for
"municipal council" substitute "valuation
authority (within the meaning of that Act)";
30 (b) in the definition of supplementary valuation,
for "municipal council" substitute
"valuation authority (within the meaning of
that Act)".
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Valuation of Land Amendment Bill 2009
Part 3--Consequential amendments to other Acts
s. 34
34 Amendment of the Subdivision Act 1988
In section 19(1) of the Subdivision Act 1988, for
"section 13DA(1A)" substitute "section
13DA(2)".
5 35 Amendment of the Victorian Urban Development
Authority Act 2003
In the definition of qualified valuer in section
50(1) of the Victorian Urban Development
Authority Act 2003, for "section 13DA(1A)"
10 substitute "section 13DA(2)".
__________________
561428B.I-1/9/2009 25 BILL LA INTRODUCTION 1/9/2009
Valuation of Land Amendment Bill 2009
Part 4--Repeal of Amending Act
s. 36
PART 4--REPEAL OF AMENDING ACT
36 Repeal of amending Act
This Act is repealed on 1 May 2011.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561428B.I-1/9/2009 26 BILL LA INTRODUCTION 1/9/2009
Valuation of Land Amendment Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561428B.I-1/9/2009 27 BILL LA INTRODUCTION 1/9/2009
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