An Act to amend the Land Valuation Act 2010 for particular purposes
The Parliament of Queensland enacts—
This Act may be cited as the Land Valuation Amendment Act 2023.
This Act commences on a day to be fixed by proclamation.
This Act amends the Land Valuation Act 2010.See also the amendments in schedule 1.
4Amendment of s 5 (Valuer-general to make valuations)
Section 5(4), ‘any or all’—
omit, insert—1 or more
After section 6—
insert—6AValuer-general may make guidelines
(1)The valuer-general may make a guideline about any matter relating to—(a)the administration of this Act; or(b)the valuation of land.(2)A guideline may be made in the way the valuer-general considers appropriate.(3)Before making a guideline, the valuer-general may consult with, and have regard to the views of, any person the valuer-general considers appropriate.(4)A guideline takes effect when it is published on the department’s website.(5)A guideline may be amended or replaced by a later guideline made under this section.(6)The valuer-general must table each guideline made under this section, including a guideline amending or replacing a guideline, in the Legislative Assembly within 14 sitting days after it is made.(7)Despite subsection (6), the valuer-general is not required to table a guideline amending a guideline if the amendment only corrects a minor error or makes a minor editorial change.(8)The Statutory Instruments Act 1992, sections 50 and 51 apply to a guideline tabled under subsection (6) as if it were subordinate legislation.(9)A guideline is binding in relation to the valuations to which it applies.(10)The valuer-general must keep a copy of each guideline, as in force from time to time, on the department’s website.
6Amendment of s 17 (What is the land’s expected realisation)
Section 17(2), definition unencumbered, ‘agreement for lease,’—
omit.
7Amendment of s 22 (Assumptions for existing uses)
Section 22(3)(a), ‘section 17’—
omit, insert—section 19
8Amendment of s 34 (Land Act tenures)
(1)Section 34(2), ‘as’—
omit, insert—for
(2)Section 34(2), note, ‘as’—
omit, insert—for
(3)Section 34(3), from ‘If’ to ‘physical’—
omit, insert—The physical
9Replacement of s 41 (Making deduction application)
Section 41—
omit, insert—41Making deduction application
A deduction application must—(a)be in the approved form; and(b)state the following information—(i)full details of the site improvements the subject of the application, including the cost of the works for the improvements;(ii)who carried out the works;(iii)when the works were finished; and(c)be accompanied by—(i)evidence that the applicant paid for the improvements in the last 12 years and when the payment was made; and(ii)all documents in the applicant’s possession or control relating to the cost of the works for the improvements.
10Amendment of s 42 (Deciding deduction application)
Section 42(3), note—
omit.
11Amendment of s 43 (Valuations to which site improvement deduction applies)
Section 43(5), definition relevant valuation—
omit, insert—relevant valuation means the valuation for which a valuation notice is next to be given to the owner.
12Amendment of s 44 (Amount of site improvement deduction)
(1)Section 44—
insert—(1A)The valuer-general must decide the added value of the site improvements.(2)Section 44(2), note—
omit.(3)Section 44—
insert—(5)Notice of a decision under subsection (2) is taken to be given when a valuation notice stating the added value of the site improvements is given.(4)Section 44(1A) to (3)—
renumber as section 44(2) to (4).
13Amendment of s 49 (Application of sdiv 3)
(1)Section 49(1) and (2), ‘a parcel’—
omit, insert—a lot or parcel
(2)Section 49(1), ‘(the relevant parcel)’—
omit, insert—(3)Section 49, ‘the relevant parcel’—
omit, insert—the relevant lot or parcel
(4)Section 49(2), ‘(also the relevant parcel)’—
omit, insert—(5)Section 49(2)(b), ‘a relevant parcel’—
omit, insert—a relevant lot or parcel
14Amendment of s 50 (Discount until parcel developed or ownership changes)
(1)Section 50, heading, after ‘until’—
insert—lot or
(2)Section 50, ‘the relevant parcel’—
omit, insert—the relevant lot or parcel
(3)Section 50(3), definition discounted valuation period, ‘the parcel’—
omit, insert—the relevant lot or parcel
15Amendment of s 51 (Provisions for when discounted valuation period ends)
(1)Section 51(1) and (3), ‘the relevant parcel’—
omit, insert—the relevant lot or parcel
(2)Section 51(2), ‘the relevant parcel’s’—
omit, insert—the relevant lot or parcel’s
16Amendment of s 53 (Valuer-general’s power)
(1)Section 53(1), note—
omit, insert—See chapter 5 in relation to internal and external review of a separation declaration.(2)Section 53(3)—
omit, insert—(3)This section applies to—(a)land leased—(i)from the State by—(A)a local government; or(B)a department; or(C)an entity representing the State; or(ii)by a GOC or rail government entity from—(A)the State; or(B)a lessee of the State; and(b)land mentioned in paragraph (a) subleased by a lessee mentioned in paragraph (a) to another person.
17Omission of s 54 (Guidelines for making separation declaration)
Section 54—
omit.
18Amendment of s 55 (Notice and taking of effect of separation declaration)
(1)Section 55(1), from ‘valuation notice’—
omit, insert—notice of a maintenance valuation for the parcel given under part 5, division 3.
(2)Section 55(2)(b), ‘repealed’—
omit, insert—revoked
(3)Section 55(2)(b), example, ‘repealed’—
omit, insert—revoked
19Amendment of s 56 (Application of div 3)
(1)Section 56(1)—
omit, insert—(1)This division applies to all land, including, for example, a declared parcel.(1A)Despite subsection (1), this division does not apply to a parcel the subject of a discount under section 50.(2)Section 56(2), ‘Despite’—
omit, insert—Also, despite
(3)Section 56(1A) and (2)—
renumber as section 56(2) and (3).
20Amendment of s 57 (Adjoining lots—general)
(1)Section 57, heading, after ‘lots’—
insert—or parcels
(2)Section 57(1) and (2), after ‘lots’—
insert—or parcels
21Amendment of s 58 (Adjoining lots subleased from the State)
(1)Section 58, heading, after ‘lots’—
insert—or parcels
(2)Section 58(1) and (2), after ‘lots’—
insert—or parcels
22Replacement of s 59 (Non-adjoining farming lots)
Section 59—
omit, insert—59Applying for combined valuation for non-adjoining farming lots or parcels
(1)An owner of land may apply to the valuer-general for lots or parcels that do not join each other to be included in the same valuation if—(a)the lots or parcels are worked as 1 business unit and used only for farming; and(b)the lots or parcels are owned by the same person; and(c)if the lots or parcels are leased—the lots or parcels are all leased to the same person.(2)The application must be—(a)made in the approved form; and(b)accompanied by evidence to support the application.(3)The valuer-general must decide—(a)to include the lots or parcels in the same valuation; or(b)not to include the lots or parcels in the same valuation.(4)The valuer-general must decide the application within 60 days after receiving the application.
23Amendment of s 60 (Application of div 4)
Section 60, from ‘of’—
omit, insert—of—
(a)1 lot or parcel; or(b)more than 1 lot or parcel.
24Amendment of s 61 (Lots separately leased)
(1)Section 61, heading, after ‘Lots’—
insert—or parcels
(2)Section 61, after ‘lots’—
insert—or parcels
25Amendment of s 63 (Non-adjoining lots, separately owned lots and lots separated by a public road)
(1)Section 63, heading, after ‘lots’—
insert—or parcels
(2)Section 63, ‘parcel’—
omit, insert—lot or parcel
26Amendment of s 72 (General duty to make annual valuations)
(1)Section 72—
insert—(1A)However, an annual valuation may be made only for a statutory purpose.(2)Section 72(3), ‘Subsection (4)’—
omit, insert—Subsection (5)
(3)Section 72(3)(a), ‘for’—
omit, insert—of land in
(4)Section 72(4), ‘for all of’—
omit, insert—of all land in
(5)Section 72(1A) to (5)—
renumber as section 72(2) to (6).
27Amendment of s 74 (Exceptions to annual valuation requirement)
Section 74(1), ‘possible’—
omit, insert—appropriate
28Replacement of s 88 (Adjoining parcels in same valuation)
Section 88—
omit, insert—88Adjoining or non-adjoining lots or parcels in same valuation
A valuation for 2 or more adjoining or non-adjoining lots or parcels may be amended if 1 or more of the lots or parcels is sold.
29Amendment of s 97 (Combining valuations)
Section 97(1), after ‘lots’—
insert—or parcels
30Amendment of s 105 (Right to object)
(1)Section 105(5)—
omit.(2)Section 105(6)—
renumber as section 105(5).
31Amendment of s 112 (What is a properly made objection)
Section 112(3) to (6)—
omit.
32Amendment of s 113 (Required content of objections)
(1)Section 113(1)(c) to (e)—
omit, insert—(c)the valuation sought for the land;(d)at least 1 ground of objection (an objection ground) to the valuation;(e)in relation to each objection ground—the information on which the objector seeks to rely to establish the objection ground;(2)Section 113(2)—
omit.(3)Section 113(4), ‘necessarily’—
omit.(4)Section 113(5)—
omit, insert—(5)An objection ground can not be made concerning the added value of site improvements decided by the valuer-general under section 44.See chapter 5, part 1 in relation to internal review of a decision under section 44.(5)Section 113(6), definition, relevant amount—
omit.(6)Section 113(3) to (6)—
renumber as section 113(2) to (5).
33Amendment of ch 3, pt 2, hdg (Initial assessment of objections for defects)
Chapter 3, part 2, heading, ‘for defects’—
omit.
34Replacement of ss 114 and 115
Sections 114 and 115—
omit, insert—The valuer-general must consider an objection made under part 1 and decide (the initial assessment decision)—(a)the objection is properly made; or(b)the objection is not properly made.See chapter 5 in relation to internal and external review of the initial assessment decision.115Notice of decision if objection properly made
If the initial assessment decision for an objection is that the objection is properly made, the valuer-general may, but need not, give the objector notice of the decision.
35Amendment of s 116 (Correction notice if objection defective)
(1)Section 116, heading, ‘defective’—
omit, insert—not properly made
(2)Section 116(1), ‘defective’—
omit, insert—not properly made
(3)Section 116(2)(a)(iii) and (iv)—
omit, insert—(iii)how the valuer-general considers the objection is not properly made;(iv)that the objector must, within 28 days after the day the notice is issued, amend the objection so the objection is properly made.(4)Section 116(2)(a), note—
omit, insert—See section 144 for the power to amend.(5)Section 116(3)—
omit.
36Amendment of s 120 (What pt 3 is about)
Section 120(2)—
omit, insert—(2)The purpose of an objection conference is to—(a)facilitate the resolution of an objection by encouraging the parties to exchange information to inform the valuer-general when making an objection decision; and(b)allow the objector to be given information, relevant to the objection, about the operation of this Act; and(c)help resolve the objection in any other way.
37Insertion of new s 121
After section 120—
insert—121Valuer-general may invite objector to participate in conference
(1)The valuer-general may invite an objector to participate in an objection conference if—(a)the objection is properly made; and(b)the valuer-general has not decided the objection under part 6.(2)The invitation may be by notice or by oral communication.(3)The objector may decide to accept or reject the valuer-general’s invitation.(4)If the objector accepts the valuer-general’s invitation, the valuer-general must participate in the conference.
38Omission of ch 3, pt 3, div 2 (When objection conference may or must be held)
Chapter 3, part 3, division 2—
omit.
39Amendment of ch 3, pt 3, div 3, hdg (Preliminary steps for required conference)
Chapter 3, part 3, division 3, heading, ‘required’—
omit.
40Renumbering of ch 3, pt 3, div 3 (Preliminary steps for required conference)
Chapter 3, part 3, division 3—
renumber as chapter 3, part 3, division 2.
41Omission of ch 3, pt 3, div 2, sdivs 1 and 2, hdgs
Chapter 3, part 3, division 2, as renumbered by this Act, subdivision 1 and 2, headings—
omit.
42Amendment of s 124 (Application of div 3)
(1)Section 124, heading ‘div 3’—
omit, insert—division
(2)Section 124, ‘section 123’—
omit, insert—section 121
(3)Section 124, ‘offer’—
omit, insert—invitation
43Amendment of s 126 (Chairperson’s functions)
Section 126—
insert—(d)to prepare a written report about the conference.
44Replacement of s 127 (Disclosure by parties before conference held)
Section 127—
omit, insert—127Disclosure by parties before conference starts
(1)The chairperson must give each of the parties a notice requiring the party to give the chairperson, within 14 days after the notice is given, copies of all documents relevant to the valuation in the custody, possession or power of—(a) the party; or(b)an agent or representative of the party.(2)If the chairperson is satisfied all parties have complied with subsection (1), the chairperson must—(a)give copies of the documents given by a party to the other party; and(b)arrange the objection conference.(3)If the chairperson is not satisfied all parties have complied with subsection (1), the chairperson may give a party who has not complied with subsection (1) a notice giving the party a further period to comply with the requirement.(4)The further period must be—(a)the period that ends 14 days after the day the chairperson gives the party the notice (the usual period); or(b)if, within the usual period, the chairperson and the party agree in writing to a longer period that ends not more than 14 days after the usual period ends—the longer period.(5)The chairperson may give a party who has not complied with subsection (1) a notice under subsection (3) on the chairperson’s own initiative or on the request of a party.(6)If all parties have not complied with subsection (1), the chairperson must give a notice to each of the parties stating that the conference will not be held.
45Renumbering of ch 3, pt 3, div 2, sdiv 3 (Holding objection conference)
Chapter 3, part 3, division 2, as renumbered by this Act, subdivision 3—
renumber as chapter 3, part 3, division 3.
46Amendment of s 128 (Conduct of conference)
Section 128(1), ‘The’—
omit, insert—An
After section 128—
insert—128A Chairperson may require further information
(1)This section applies if the chairperson for an objection conference considers further information, other than information the subject of legal professional privilege—(a)is likely to be in the custody, possession or power of—(i)a party; or(ii)an agent or representative of a party; and(b)is likely to facilitate the resolution of the objection conference.(2)The chairperson may—(a)adjourn the objection conference; and(b)by notice, require the party to give the further information in writing.(3)The party must comply with the requirement within the following period—(a)generally—the period that ends 14 days after the day the chairperson gives the party the notice (the usual period);(b)if, within the usual period, the chairperson and the party agree in writing to a longer period that ends not more than 14 days after the usual period ends—the longer period.(4)If the party does not comply with the requirement, the chairperson may end the conference by giving a notice to each of the parties.
48Amendment of s 129 (Attendance and representation)
Section 129(1), ‘the objection conference’—
omit, insert—an objection conference
Before section 130—
insert—129A Written conference report
(1)This section applies if an objector has accepted an invitation by the valuer-general to participate in an objection conference.(2)The chairperson must prepare and sign a written report about the conference.(3)The report may include the chairperson’s opinion of any matter the chairperson considers appropriate, including, for example—(a)the chairperson’s assessment of any of the following matters—(i)the objection grounds;(ii)the information provided by the parties;(iii)the merits of the objection; and(b)the chairperson’s recommendations about the valuation.(4)If the chairperson gives the parties a notice under section 127(6), or the conference is not held for another reason, the report must include the reasons why the conference was not held.(5)If the chairperson ends the conference under section 128A(4), or the conference ends for another reason, the report must include the reasons why the conference was ended.(6)The chairperson must give a copy of the report to the objector and the valuer-general—(a)within 28 days after the conference ends; or(b)if the conference is not held—within 28 days after the chairperson forms the opinion the conference will not be held.
50Replacement of s 131 (Evidence)
Section 131—
omit, insert—(1)Evidence of anything said by a person in an objection conference is inadmissible in any proceeding.(2)Subsection (1) does not limit or affect the admissibility in a proceeding of a document or information given to the chairperson under section 127 or 128A.
51Amendment of s 135 (Application of div 2)
Section 135(1)—
omit, insert—(1)This division applies if the valuer-general considers further information, other than information the subject of legal professional privilege—(a)is likely to be in the custody, possession or power of—(i)the objector; or(ii)an agent or representative of the objector; and(b)is likely to be relevant to the deciding of an objection; andExamples of possible further information—
any of the following about the objector’s land or other land—•a valuation report (improved or unimproved)•a town planning report•a record of discussions with purchasers, vendors or agents•information about a stated type of cost associated with a development of the objector’s land or other land
52Amendment of s 136 (Valuer-general may require further information)
(1)Section 136, note—
omit, insert—See chapter 5 in relation to internal and external review of an information requirement.(2)Section 136—
insert—(2)To remove any doubt, it is declared that subsection (1) applies to the further information mentioned in section 135(1) whether the information is in the custody, possession or power of—(a)the objector; or(b)an agent or representative of the objector.
53Amendment of s 145 (Other permitted amendments)
Section 145(2)(a)—
omit, insert—(a)the objection as amended would not be properly made; or
54Amendment of s 147 (Considering objection)
(1)Section 147—
insert—(2A)In deciding a properly made objection, the valuer-general may consider any matter the valuer-general considers appropriate, including, for example, a written report given by the chairperson of an objection conference to the valuer-general under section 129A.(2)Section 147(2A) and (3)—
renumber as section 147(3) and (4).
55Amendment of s 151 (Notice of objection decision)
Section 151(3)—
omit.
56Amendment of s 157 (How to appeal)
Section 157(3)(c)—
omit.
57Amendment of s 175 (Decisions subject to internal review)
(1)Section 175(1)—
insert—(ba)a decision about a deduction application;(bb)a decision under section 44 about the added value of site improvements;(2)Section 175(1)—
insert—(ca)a decision under section 59 not to include non-adjoining lots or parcels used for farming in the same valuation;(3)Section 175(1)(f), from ‘objection—’—
omit, insert—objection is not properly made;
(4)Section 175(1)(ba) to (h)—
renumber as section 175(c) to (k).
58Amendment of ss 181, 186, 187, 189 and 192
Sections 181(1)(e), 186, 187(1)(b), 189(2)(b) and 192(1), ‘parcel’—
omit, insert—lot or parcel
59Amendment of s 204 (Notice about protected persons to local governments)
Section 204—
insert—Generally speaking, local governments must not include in land records the names and addresses for service of protected persons for whom suppression directions are given.See the City of Brisbane Regulation 2012, section 147(5) and the Local Government Regulation 2012, section 155(5).
60Amendment of s 208 (Power to contract to supply bulk data or microfiche data)
Section 208(2)(a)(ii) and (6), definition change-of-ownership information, ‘parcel’—
omit, insert—lot or parcel
61Amendment of s 247A (Electronic service)
(1)Section 247A(2) to (4)—
omit, insert—(2)The valuer-general may serve the document on the person by an electronic communication to the electronic address.(3)The electronic communication must—(a)attach the document; or(b)include the content of the document; or(c)include an electronic link that allows the person to view and obtain a copy of the document mentioned in paragraph (a), or the content mentioned in paragraph (b), for a reasonable period.(4)To remove any doubt, it is declared that subsection (3)(c) is satisfied whether or not the person is required to take another step, including, for example, accepting terms and conditions of the electronic link, to access, and obtain a copy of, the document mentioned in subsection (3)(a), or the content mentioned in subsection (3)(b).(2)Section 247A—
insert—(6)In this section—electronic communication see the Electronic Transactions (Queensland) Act 2001, schedule 2.
62Omission of s 262 (Limited application of Act to particular land)
Section 262—
omit.
63Amendment of ch 11, hdg (Transitional provisions for Natural Resources and Other Legislation Amendment Act 2019)
Chapter 11, heading, from ‘for’—
omit.
64Insertion of new ch 11, pt 1, hdg
Chapter 11, before section 303—
insert—Part 1 Transitional provision for Natural Resources and Other Legislation Amendment Act 2019
65Insertion of new ch 11, pt 2
Chapter 11—
insert—304Existing separation guidelines made by valuer-general
(1)This section applies to guidelines, about the circumstances in which the valuer-general will make a separation declaration, made by the valuer-general under former section 54 before the commencement.(2)The guidelines are taken to be a guideline made by the valuer-general under section 6A.(3)However, the valuer-general is not required to table the guideline in the Legislative Assembly under section 6A(6).(4)To remove any doubt, it is declared that the guideline may be amended or replaced by a later guideline made under section 6A.(5)In this section—former section 54 means section 54 of this Act as in force from time to time before the commencement.305Objection to valuation made before commencement
(1)This section applies if—(a)before the commencement, an owner objected to a valuation of the owner’s land; and(b)immediately before the commencement, the valuer-general had not decided the objection.(2)The objection must be dealt with as if the Land Valuation Amendment Act 2023 had not been enacted.
66Amendment of schedule (Dictionary)
(1)Schedule, definitions BCCM Act, defective, Forestry Act, ground requirement, Integrated Resort Act, noncompliant ground, parcel, partially complies, relevant parcel and Sanctuary Cove Act—
omit.(2)Schedule—
insert—defective, for a valuation appeal notice, means the notice—(a)does not comply with the valuation appeal requirements; or(b)is otherwise defective in a material particular.electronic address includes an email address, internet protocol address, digital mailbox address and mobile telephone number.parcel means a part of a lot, including, for example—(a)a declared parcel; and(b)the land remaining in a lot after part of the lot is made a declared parcel.relevant lot or parcel, for chapter 2, part 2, division 5, subdivision 3, see section 49(1) and (2).(3)Schedule, definition address for service, examples—
omit.(4)Schedule, definition lot, paragraph (f), from ‘Integrated’—
omit, insert—Integrated Resort Development Act 1987 or the Sanctuary Cove Resort Act 1985; or
(5)Schedule, definition lot—
insert—(h)other land that is land on which rates may be levied under the City of Brisbane Act 2010, section 95 or the Local Government Act 2009, section 93; or(i)any other land for which a valuation is required or authorised for a statutory purpose.
1Sections 13(3), 14, 90(2) and 111(3), note—
omit, insert—See chapter 5 in relation to internal and external review of a decision under this section.
2Chapter 2, part 2, division 4, subdivision 1, heading, ‘resource Acts’—
omit, insert—Resource Acts
3Section 33, heading ‘rights’—
omit, insert—interests
4Section 33(1), from ‘land’ to ‘subject’—
omit, insert—land subject to any of the following interests
5Section 33(1)(a)(i), ‘Forestry Act’—
omit, insert—
6Section 33(2) and (3), ‘right’—
omit, insert—interest
7Section 33(4), definition SunWater—
omit, insert—Sunwater means SunWater Limited ACN 131 034 985.
8Sections 36 and 70, heading, ‘Integrated Resort Act’—
omit, insert—
9Section 36, heading, ‘Sanctuary Cove Act’—
omit, insert—
10Sections 36(1)(a) and 70(2), ‘Integrated Resort Act’—
omit, insert—
11Sections 36(1)(b) and 71(2), ‘Sanctuary Cove Act’—
omit, insert—
omit, insert—the site
13Chapter 2, part 2, division 5, subdivision 2, heading, ‘as’—
omit, insert—for
14Sections 45(1), 92(a) and 93(a) and (c), ‘as’—
omit, insert—for
15Sections 46(1), after ‘the value’—
insert—of the land
16Sections 46(1)(b), ‘purposes’—
omit, insert—purpose
omit, insert—(b)the business complies with the conditions mentioned in subsections (2) and (3).
18Section 69(4), definitions body corporate and scheme land, ‘BCCM Act’—
omit, insert—
omit, insert—of all land in a
omit, insert—of all land in the
21Section 85, example, ‘parcel A’—
omit, insert—lot A
omit, insert—for
omit, insert—See chapter 5 in relation to internal and external review of a decision under this division.
omit, insert—See chapter 5 in relation to internal and external review of a lapsing notice.
omit, insert—See section 118 for the consequence of not amending.
26Section 182, examples, ‘parcel’—
omit, insert—lot or parcel
27Section 192, heading, ‘or parcel’—
omit.
omit, insert—See chapter 5 in relation to internal and external review of an authorised person’s information requirement.
29Section 261(4), ‘be, but need not necessarily be,’—
omit, insert—, but need not, be
30Schedule, definitions 2011 annual valuation, 2011 issue day, 2011 unimproved-site value difference, 2011 valuation-making day, commencement, corresponding new provision, document, former, former provision, offset, saved former provisions, saved valuation and separation direction—
omit.
insert—Resource Act see the Mineral and Energy Resources (Common Provisions) Act 2014, section 9.
32Schedule, definition community titles scheme, ‘BCCM Act’—
omit, insert—
33Schedule, definition Forestry Act chief executive, ‘Forestry Act’—
omit, insert—
34Schedule, definition initial assessment decision, ‘section 114(1)’—
omit, insert—section 114
35Schedule, definition mining lease, from ‘to’—
omit, insert—under the Mineral Resources Act 1989, chapter 6, part 1 or 2.
© State of Queensland 2023