Victorian Consolidated Legislation

Valuation of Land Act 1960 - SECT 13DF

Supplementary valuation

13DF. Supplementary valuation



(1) Despite anything in this or any other Act, a person referred to in section
13DA may carry out a supplementary valuation for the purposes of the
Local Government Act 1989.

(2) A supplementary valuation may be made in any of the following
circumstances-

   (a)  if any land which should be included in the valuation then in force is
        not included;

   (b)  if the value of the land is materially altered by the approval of a
        planning scheme under the Planning and Environment Act 1987 or an
        amendment to a planning scheme under that Act, or by the granting,
        refusal or cancellation of a permit under such a scheme;

   (c)  if by reason of the sale of lots, any land in respect of which two or
        more persons are liable to be rated has been valued together as
        rateable land;

   (d)  if by reason of the purchase of land or any other cause, any land in
        respect of which only one person is liable to be rated has been valued
        as if more than one person was liable to be rated;

   (e)  if any land has become rateable since the return of the existing
        valuation;



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   (g)  if by reason of-

   (i)  any building on the land being included in the Heritage Register
        established under that Act; or

   (ii) any building ceasing to be included in the Heritage Register
        established under that Act; or

   (iii) the issue of a permit under the Heritage Act 1995 to remove, demolish
        or alter a building included in the Heritage Register established
        under that Act or to subdivide or develop any land-

the capital improved value, net annual value or site value of that land has
been materially decreased or materially increased;

   (h)  if by reason of the destruction or removal of buildings or other
        improvements on land or by reason of any physical changes of a
        permanent nature to land or improvements or by the making of roads or
        any other work of man or by adverse natural causes, the capital
        improved value, net annual value or site value of that land has been
        materially decreased;

        (i)    if any land or part of any land is burdened by a covenant under
               section 3A(1) of the Victorian Conservation Trust Act 1972 or,
               if upon variation or release of such a covenant, the capital
               improved value, net annual value or site value of that land has
               been materially decreased or materially increased;

   (j)  if by reason of the erection or construction of buildings or other
        improvements on land or by reason of any physical changes of a
        permanent nature to land or improvements or by the making of roads or
        any other work of man or by favourable natural causes, the capital
        improved value, net annual value or site value of that land has been
        materially increased;

   (k)  if there has been a change in occupancy which affects the net annual
        value of the land;

   (l)  where the value of any land has been determined on the basis that an
        associated water share in relation to that land is deemed relevant and
        where the water share ceases to be an associated water share in
        relation to the land because the owner of the water share-

   (i)  sells the water share to a person who is not a related person (within
        the meaning of section 3 of the Water Act 1989) to the owner; or

   (ii) sells the water share to a person who is a related person to the owner
        of the water share and the water share becomes an associated water
        share in relation to other land;

   (m)  if by reason of the sale, transfer or conveyance of any land or the
        transfer, surrender or expiration of a lease of any land there are on
        the land any of the improvements described in paragraph (b) of the
        definition of improvements in section 2(1) which were not made by the
        person who is the owner or occupier of the land;

   (n)  if for any reason other than a reason referred to in any of paragraphs
        (a) to (m), the capital improved value, net annual value or site
        value-

   (i)  of any land specified by Order of the Governor in Council published in
        the Government Gazette; or

   (ii) of the land in any area specified by Order of the Governor in Council
        published in the Government Gazette-

is or is likely to have been materially altered as a consequence of any Act,
proclamation, Order in Council, regulation, by-law or local law;

   (o)  if any arithmetical error has been made in calculating any valuation
        upon which any rate is payable or if by reason of any error in
        describing the land or any matter relating to the land or any
        improvements to it, an incorrect valuation has resulted.

(3) Any supplementary valuation when returned and certified by the
valuer-general under section 13DFA must be treated as a part of the valuation
in force and has the effect of cancelling anything contained in the existing
valuation which is not consistent with the supplementary valuation.

(3A) Despite subsection (3), the council that caused the supplementary
valuation to be made may, for the purposes of levying or adjusting a municipal
rate, use the supplementary valuation before it is certified by the
valuer-general.

(4) If a supplementary valuation has been made in any of the circumstances
referred to in subsection (2) other than paragraph (o), the amount of any rate
payable in relation to that land must be calculated-

   (a)  for any period until the day of that return-by reference to the
        existing valuation; and

   (b)  from the day after that return for the remainder of the period-upon
        the supplementary valuation.

(5) If a supplementary valuation has been made in any of the circumstances
referred to in subsection (2)(o), the council may adjust the rate payable
retrospectively for any period it considers just.

(6) The valuer in making a supplementary valuation must-

   (a)  have regard to the general levels of value upon which the valuation in
        force within the municipal district or ward was based; and



   (b)  assess the value that the land to which the supplementary valuation
        applies would have had if at the time at which the last valuation of
        the municipal district or ward was made it had been in the condition
        in which it is at the time of the making of the supplementary
        valuation, having regard to every circumstance which affects the value
        of the land at the time of the making of the supplementary valuation,
        if it is a circumstance requiring the making of a supplementary
        valuation of the land under subsection (2).

(7) A person who is qualified or authorised to make a supplementary valuation,
or, if that person is not available, the Chief Executive Officer of the
council, may delete from a valuation return any entry for rateable land if the
whole of the land has become non-rateable.

(8) The valuer must make entries on the return showing every alteration made
on supplementary valuations or on an adjustment or determination of VCAT or
the Supreme Court under Part III for as long as the valuation remains in
force.

(9) In this section associated water share and water share have the same
meanings as in section 3 of the Water Act 1989.

(10) Subsections (2)(l), (9) and this subsection expire on 1 July 2008.