QUEENSLAND – RELEVANT SECTIONS OF THE VALUATION OF LAND ACT 1944

VALUATION OF LAND ACT 1944 - SECT 2
2 DEFINITIONS
In this Act--
"agent" includes every person who, in Queensland, for or on behalf of any person ("the principal") has the control or disposal of any land belonging to the principal, or the control, receipt or disposal of any rents, issues, or proceeds derived from any such land.
"annual valuation" means a valuation of all lands in an area made pursuant to part 4.
"annual valuation notice" see section 41A.
"approved form" means a form approved by the chief executive.
"area" means the area of a local government (other than an Aboriginal or Torres Strait Islander local government).
"discounted valuation period" see section 25.
"improved value" of land has the meaning given by section 4.
"improvements" has the meaning given by section 6.
"mineral" has the meaning given by the Mineral Resources Act 1989.
"mining lease" means a mining lease to which the Mineral Resources Act 1989 applies.
"owner" of land has the meaning given by section 7.
"parcel of land" means every part of an area of land which is separately held by any owner, or any part of an area of land which the chief executive directs should be valued as a separate parcel.
"person" includes--
(a) a person or entity representing the State; and
(b) a society, institute, partnership or other body, even if not incorporated; and
(c) a trustee or agent.
"petroleum lease" means a petroleum lease under the Petroleum Act 1923.
"protected person" see section 75B(2).
"registrar" of the Land Court includes a deputy registrar of the Land Court.
"resource operations plan" see the Water Act 2000, schedule 4.
"return" includes all returns, notices, declarations, statements and information prescribed or required by the chief executive to be furnished.
"roll" means valuation roll.
"subdivide" land has the meaning given by section 8.
"SunWater" means the entity corporatised under the Government Owned Corporations
(State Water Projects Corporatisation) Regulation 2000.
"suppression direction" means a direction under section 75B(2).
"trustee" in addition to every person appointed or constituted trustee by act of parties, or by order or declaration of a court, or by operation of law, includes--
(a) the executor or administrator, guardian, committee, receiver, or liquidator; and
(b) every person having or taking upon himself or herself the administration or control of land affected by any express or implied trust, or acting in any fiduciary capacity, or having possession, control or management of the land owned by a person under any legal or other disability.
"unimproved value" of land has the meaning given by section 3.
"valuation" means valuation under this Act.
"valuation for rental purposes" means the valuation under section 15 of land in a lease, licence or permit granted or issued under the Land Act 1994.
"valuation roll" means a valuation roll under section 47(1).
"value of improvements" has the meaning given by section 5.
"valuer" means a valuer registered under the Valuers Registration Act 1992.
"water authority" means a water authority established under the Water Act 2000.
"water licence" see the Water Act 2000, schedule 4.

VALUATION OF LAND ACT 1944 - SECT 3

3 MEANING OF "UNIMPROVED VALUE"

(1) For the purposes of this Act--
"unimproved value" of land means--
(a) in relation to unimproved land--the capital sum which the fee simple of the land might be expected to realise if offered for sale on such reasonable terms and conditions as a bona fide seller would require; and
(b) in relation to improved land--the capital sum which the fee simple of the land might be expected to realise if offered for sale on such reasonable terms and conditions as a bona fide seller would require, assuming that, at the time as at which the value is required to be ascertained for the purposes of this Act, the improvements did not exist.
(2) However, the unimproved value shall in no case be less than the sum that would be obtained by deducting the value of improvements from the improved value at the time as at which the value is required to be ascertained for the purposes of this Act.
(3) In addition, the restrictions and limitations in any deed of grant or certificate of title in respect of any racecourse shall be disregarded in ascertaining the unimproved value of the land of the racecourse concerned.
(4) Notwithstanding anything contained in this section, in determining the unimproved value of any land it shall be assumed that--
(a) the land may be used, or may continue to be used, for any purpose for which it was being used, or for which it could be used, at the date to which the valuation relates; and
(b) such improvements may be continued or made on the land as may be
required in order to enable the land to continue to be so used;
but nothing in this subsection prevents regard being had, in determining that value, to any other purpose for which the land may be used on the
assumption that any improvements referred to in subsection (1) had not been made.

VALUATION OF LAND ACT 1944 - SECT 4

4 MEANING OF "IMPROVED VALUE"

For the purposes of this Act--
"improved value" means, in relation to land, the capital sum which the fee simple of the land might be expected to realise if offered for sale on such reasonable terms and conditions as a bona fide seller would require.

5 MEANING OF "VALUE OF IMPROVEMENTS"

(1) The "value of improvements" means, in relation to land, the added value which the improvements give to the land at the time as at which the value is required to be ascertained for the purposes of this Act, irrespective of the cost of the improvements, including in such added value the value of any hotel licence the value of which has been included in the improved value.
(2) However, the added value shall in no case exceed the amount that should reasonably
be involved in effecting, at the time as at which the value is required to be ascertained for the purposes of this Act, improvements of a nature and efficiency equivalent to the existing improvements.

VALUATION OF LAND ACT 1944 - SECT 6

6 MEANING OF "IMPROVEMENTS"

(1) "Improvements" means, in relation to land, improvements thereon or appertaining thereto, whether visible or invisible, and made or acquired by the owner or the owner's predecessor in title, and includes all such destruction of suckers and seedlings as is incidental to the destruction of timber, and also includes the destruction of other vegetable growths and of animal pests on the land to the extent to which such destruction retains its utility, but does not include the destruction by any person of any such growths or pests which are allowed to establish themselves on the land during the ownership, except to the extent (if at all) to which it restores wholly or partly so much of the utility of a previous improvement in the nature of the destruction of such growths or pests as is, by the subsequent provisions of this definition, deemed to have been lost, and any improvement consisting of the destruction of such growths or pests, by whomsoever the same may be effected, shall be deemed to have lost its utility to the extent to which, after it has been made, other growths or pests (as the case may be) are allowed to establish themselves on the land.
(2) In deciding the unimproved value of land, the term does not include invisible improvements, other than timber treatment, made by the State, the Commonwealth, a local government or a GOC unless the expenditure on the invisible improvements has been recouped, other than by the payment of rent, rates or taxes--
(a) from a purchaser from the State, the Commonwealth or a local government; or
(b) from a lessee of land from the State, the Commonwealth, a local government or a GOC.
(3) However, the term includes invisible improvements, other than timber treatment, on land if a GOC is the owner of the land for rating and land tax purposes.
(4) In this section, a reference to the State or the Commonwealth includes a reference to a statutory body representing the State or Commonwealth.

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