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.
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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
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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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