[Published Gazette 25 March 1972. pp. 1415-1434; and as amended by regulations published Gazette 15 June 1974. pp. 1009-1010; 14 June 1975, pp. 948- 949; 5 June 1976, p. 826; 29 January 1977, p. 286; 18 June 1977, p. 1059; 28 J,anuary
1978, p. 330; 29 April 1978, pp. 1826-1827; 2 June 1979, pp. 863~864; 7 June 1980, p. 951; 21 June 1980, p. 1517.J
Department of the Valuer-General, Brisbane, 23 March, 1972.
HIS Excellency the Governor, acting by and with the advice of the Executive Council and in pursuance of the provisions of the Valuation of Land Act 1944-1971, has been pleased to approve the following Regulations.
INTRODUCTORY Short Title
W.A.R.RAE.
1. (1) These Regulations may be cited as the Valuation of Land Regulations 1972.
(2) "The Valuation of Land Regulations 1951", as well as all subsequent Regulations made in amendment thereof, are hereby repealed as from the coming into operation of these Regulations:
Provided that such repeal shall not-
(a) Affect any previous operation of a repealed Regulation or Regulations or anything duly done or suffered thereunder; or (b) Affect a right, privilege, obligation or liability acquired, accrued or incurred under a repealed Regulation or Regula- tions; or
(c) Affect a penalty, forfeiture or punishment incurred in respect of an of{ence committed against a repealed Regulation or Regulations; or
(d) Affect an investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid:
And provided further that such investigation, legal proceeding, or remedy may be instituted, continued or enforced, and such penalty, forfeiture or punishment may be imposed as if the repealed Regulation or Regulations had not been repealed.
4414-D
46 Regs. 2-5 REGULA TIONS
2. (i) The Forms set forth in the Schedule hereto shall be used for the purpDse for which they are respectively applicable: PrDvided that nO' such Form shall be deemed invalid if it is to' the effect Df the respectively proper Form in the said Schedule with such modifications as the circumstances may require.
(ii) Where a Form prescribed by these Regulations requires com- pletion by the insertion of particulars or other matters referred to' in the Form, those particulars or other matters are prescribed as the particulars or other matters required under the provisions of the Act for the purpose for which the Form is prescribed.
(iii) A Form prescribed by these Regulations shall be completed in accordance with such directions as are specified in the Form as so prescribed.
Definitions
,3. In these Regulations unless the cDntext Dtherwise indicates Dr requires the terms used shall have the meanings respectively assigned to' them by the Act, and the following terms shall have and include the meanings set against them respectively that is to' say:-
"Form"-A Form of the Schedule of these Regulations;
"Officer"-A person appointed under the provisions of Section 7 of the Act;
"Regulation"-A Regulation of these Regulations;
"Schedule"-The Schedule to' these Regulations;
"The Act"-The Valuation of Land Act 1944-1971 and any Act passed in amendment thereof or in substitution therefor.
Officers
4. Every person appointed under sectiDn 7 of the Act shall be under the direction and control of the Valuer-General and shall perform such duties as he may be required to perform by the Valuer-General or as may be prescribed.
4A. The holder of the office of:- (i) Supervising Valuer;
(ii) Officer in Charge, Research, Statistics and Training Branch;
or
(iii) Assistant District Valuer,
as designated under ~he Public. Service Act 1922~1973,. and the person whO' fDr the time bemg occupIes, or performs the dutIes of, any such Dffice shall, for the purposes oftlhis Act, be a seniDr val~er and shall have and may exercise all or any Df the powers and dutIes cDnferred or imposed by Dr under this Act upon a senior valuer.
Inserted by regulations published Gazette 29 January 1977, p. 286.
S. The oath Of declaration to' be made pursuant to sectiDn 8 of the Act by a persDn howsoever appointed unde: the Act shall be made in Form V.G. 3 or V.O. 4 (as the case may reqUire).
Valuation Roll
6. Every Valuation Roll required to be prepared by the Valuer- General under section 17 of the Act shall be in Form V.G. 7 or Form V.G. 70 whichever is applicable.
Certification of copies of Valuation Rolls
7. The certificate of the Valuer-General of copies of a Valuation Roll furnished to a Local Authority and to the Commissioner of Land Tax shall be in Form V.G. 28 and V.G. 49 respectively.
Notice of Valuation
8. The notice of valuation required to be given to an owner under section 19 of the Act by the Valuer-General shall be in Form V.G. 9 or Form V.G. 71 whichever is applicable. Where the Valuer-General alters a valuation pursuant to section 13 of the Act notice of such altered valuation shall be given by the Valuer-General to the owner in like manner.
Objections against Valuation
9. An objection made by an owner pursuant to section 20 of the Act against a valuation of the Valuer-General shall be in Form V.G. 23.
10. The written notice of the decision of the Valuer-General upon the objection of an owner shall be given to such owner by the Valuer- General in Form V.G. 24 or V.G. 25, whichever is applicable.
Appeals
11. An appeal under subsection (1) of section 21 of the Act to the Land Court by an owner dissatisfied with the decision of the Valuer- General upon his objection to a valuation by the Valuer-General shall be in Form V.G. 26 and shall otherwise comply with the Rules of the Land Court.
Application for a Certificate of Valuation, a Certified Copy or a Certified Extract of an Entry recorded on the Valuation Roll, a copy of a Certificate of Valuation, or a copy of a return in Form V.G. 1.
12. An application under the Act for- (a) A certificate of valuation;
(b) A certified copy of an entry in a Valuation Roll;
( c) A certified extract from a Valuation Roll;
(d) A copy of a Certificate of Valuation;
(e) A copy of a return in Form V.G. 1;
shall be made in writing in Form V.G. 29 and shall be accompanied by the prescribed fees.
Fees payable for Certificates of Valuation issued under section 27 of the Act
13. 'Vhere a valuation is made by the Valuer-General under section 27 of the Act and a Certificate of Valuation is issued by him, the fee payable, subject to the provisions of Regulation 14, for each such
48 Reg. 14 REGULATIONS
valua~tion and Certificate .of Valuation shall be either an amount equivalent to the actual cost involved in the making and issuing of such valuation, or, in accordance with the following scale:-
The Scale of Fees
(i) Urban Land and Improvements-
$
Property valued up to $10,000 60
Property valued from $10,001 to $14,000 70 Property valued fmm $14,001 to $18,000 80 Property valued from $18,001 to $22,000 90 Property valued from $22,001 to $26,000 100 Property valued from $26,001 to $30,000 110 Property valued from $30,001 to $35,000 130 Property valued from $35,001 to $50,000 170 Property valued from $50,001 to $75,000 220 Property valued from $75,001 to $100,000 275 Property valued from $100,001 to $250,000 275
plus. $2 per $1,000 or part thereof for the amount over $100,000
Property valued over $250,000 575
plus $1.50 per $1,000 or part thereof for the amount over $250,000
(ii) Rural Land and Improvements-At the same scale as above tabulated for Urban Land and Improvements plus an addi- tional thiIty per centum (30%).
(iii) Livestock, Furniture, Plant, Machinery and property not otherwise provided for-$5.00, or one per centum (1 %) of the Valuation whichever is the greater.
Further substituted by regulations published Gazette 2 June 1979, pp. 863-864.
14. (i) Where a valuation is made for any person by the Valuer- General under clause (ii) subsection (1) of section 27 of the Act, a deposit of $50 shall be paid by such person, where required by the Valuer-General, on lodgment of his application and upon completion of such valuation the Valuer-General shall determine the fee payable in accordance with the fees prescribed by Regulation 13.
(ii) Travelling expenses actually and necessarily incurred by or on behalf of the Valuer-General in the making of a valuation under section 27 of the Act shall be paid to the Valuer-General by the person requiring such valuation. Where the Valuer-General has not outlaid moneys for fares the amount to be paid to him shall be a sum determined at a rate of 20c per kilometre by the nearest and most practicable route to the land to be valued from the nearest office of the Valuer-General thereto calculated for both outward and return journey.
Further substituted by regulations published Gazette 7 June 1980, p. 951.
Fees payable by Local Authorities and the Commissioner of Land Tax
15. (1) The fee payable per annum to the Valuer-General by a Local Authority for each copy of a Valuation Roll prepared by him for such Local Authority pursuant to subsection (1) of section 26 of the Act shall be $1,300 or an amount calculated as follows, whichever is the greater:-
(a) For every valuation of rateable land used or occupied for any business purposes whatsoever-$3.55 per valuation per annum;
(b) For every valuation of rateable land used or occupied for other than business purposes-
(i) Under 4000 m2-$1.45 per valuation per annum;
(ii) 4 000 m2 and over but less than 20 ha-$l. 7 5 per valua- tion per annum;
(iii) 20 ha and over but less than 40 ha-$2.30 per valuation per annum;
(iv) 40 ha and over but less than 200 ha-$3.10 per valuation per annum;
(v) 200 ha and over-$4.25 per valuation per annum, from and including 1st July, 1980:
Provided that from the 1st July for each year thereafter the Local Authority shall pay a fee to the Valuer-General being a fee to be recalculated, in accordance with paragraphs (a) and (b) hereof, as though such valuations were first coming in force on or from the 30th June of each successive year.
(2) The Local Authority shall pay such fee to the Valuer-General in each year not later than the thirtieth day of September, or on such other day as the Valuer-General may direct.
(3) For the purpose of this Regulation the term "business purposes"
includes any wholesale or retail business, profession, trade, manufacture, calling or occupation for profit:
Provided, however, the term does not include-
(a) the carrying on for residential purposes only of a boarding- house or residential fiats; nor
(b) the winning, gathering, raising, or growing of any primary products.
Further substituted by regulations published Gazette 7 June 1980, p. 951.
16. The fee payable to the Valuer-General by the Commissioner of Land Tax for copies of the Valuation Roll furnished pursuant to subsection (1) of section 26 of the Act shall be an annual sum calculated and payable at the rate of one third of the fees payable to the Valuer- General by all Local Authorities as calculated according to Regulation
15.
Substituted by regulations published Gazette 15 June 1974, pp. 1009-1010.
50 Regs.17, 18 REGULATIONS
Fees payable for Certified Copy of Extract of an Entry recorded on the Valuation Roll, and Copies of Certificates or Returns,
and extracts of information therefrom.
. 17. The fees payable to the Valuer-General for the following shall shall be-
( a) for each extract or each certified copy of an entry on a Valuation Roll-
(i) where the current valuation number or the survey description is supplied with the request-$1.5 0;
(ii) in any other case-$2.00;
(b)· for each copy of a Certific.ate of Valuation-$2.00;
(c) for each certified copy of a notification of change of owner- ship-$2.00;
(d)-
(i) for particulars or information contained in each notice given to the Valuer-General under section 31 of the Act-$1.00 for each search;
(ii) for particulars in each notice given to the Valuer-General under section 31 of the Act where lists are supplied in commercial/industrial sales-75 cents for each entry;
(iii) for particulars or information contained in any notice given to the Valuer-General under the provisions of section 31 of this Act given by way of entry in a copy of a computer listing-
( 1) for each of the first 2,000 entries supplied to a person by the Valuer-General during a calendar year-40 cents;
(2) for ·each subsequent entry supplied to a person by the Valuer-General during a calendar year-15 cents.
(e) for particulars or information contained in an entry on a Valuation Roll but not including the owner's name and address-$1.00;
(f) for particulars or information contained in an entry on a Valuation Roll including the owner's name and address-
$1.50.
(g) for particulars or information contained in an entry on a Valuation Roll supplied by the Valuer-General in the form of a computer listing-20 cents for each entry, provided that the minimum sum payable for each listing shall be $50.
Further substituted by regulations published Gazette 7 June 1980, p. 951; as amended by regulations published Gazette 21 June 1980, p. 1517.
Notice to attend and give evidence
18. The notice to a person to attend and give evidence before the Valuer-General as prescribed in subsection (1) of section 30 of the Act shall be in Form V.G. 34.
Acquisition and disposal of land by Local Authorities
19. Where a Local Authority disposes of any land at auction for unpaid rates or acquires or disposes of any land by any process whatsoever, notice thereof by such Local Authority to the Valuer-General as required by subsection (2) of section 16 of the Act shall include the following particulars : -
Reference number;
Full description of the property disposed of;
Name and address of previous owner or owners;
Name and address of person or persons to whom sold;
Reason for sale;
Date of sale;
Sale price.
Notice of Change of Ownership
20. Forms V.G. 1 and V.G. 30 shall be used for compliance with the provisions of subsections ( 1) and (3) respectively of section 31 of the Act.
AIl
owner of land who subdivides such land shall forthwith upon the subdivision being passed or consented to by the properly constituted statutory authority or authorities in that behalf give notice to the Valuer- General of such subdivision in Form V.G. 31, accompanied by a copy of the plan of subdivision and (where such is required by the Local Authority) a contour plan.Forfeitures of land to the Crown
21. When a person transfers or forfeits any land to the Crown he shall give notice of· such transfer or forfeiture in Form V.G. 32 to the Valuer-General of such transfer or forfeiture within thirty (30) days after the execution of the instrument of transfer or after such forfeiture, as the case may be.
RETURNS
Owner's Return
22. The return required to be furnished by a person under the provisions of subsection ( 1 ) of section 32 of the Act shall be in Form V.G. 33.
Owner's Further or Special Return
23. The return of rental information to be furnished by a person under the provisions of subsections 2 and 4 or 2 or 4 of section 32 of the Act shall be furnished in Form V.G. 78.
Any further information or particulars which may be required in addition to that supplied by a person on such form shall be furnished by such person on the written request of the Valuer-General.
Joint Owners' Returns
24. A return required to be furnished to the Valuer-General by the joint owners of any land shall be so furnished by the joint owner resident in Queensland whose name appears first in the title deed, lease, contract of sale, or deed of partnership relative to such land.
52 Regs. 25-29 REGULATIONS
Returns by Agents for Absentees
25. When the owner, including a trustee, of any land or Crown leasehold is permanently or temporarily out of Queensland the return required by or under the Act to be made or furnished by such owner or trustee shall be made or furnished by the attorney under power of such owner or trustee and if there be no such attorney then such return shall be made or furnished by the agent, manager, or other representative in Queensland of or for such owner or trustee or by ,the person in present occupation of such land.
Service of Notice
26. An owner shall state his address for service in every notice of objection and! or appeal given by him under the Act.
General
27. Every Local Authority which is required by the Valuer-General to furnish copies of or extracts from any valuation returns, rate book, or documents, under subsection (2) of section 16 of this Act, may receive payment therefor at a rate to be determined by the Valuer- General.
28. Where a person has been required to attend and give evidence ,in accordance with the provisions of section 30 of the Act and the Valuer- General has taken such action only as the result of the neglect or failure of such person to comply with any requirement of the Act or the Valuer-General, then such person shall not be entitled to any expenses for his attendance.
29. A person who contravenes or fails to comply with any provision of these Regulations shall be guilty of an offence against these Regula- tions, and shall upon conviction be liable to a penalty not exceeding $40.
THE SCHEDULE Form V.G. 1 To be forwarded to Valuer-General,
Box 1401.
G.P.O., Brisbane.
QUEENSLAND
DEPARTMENT OF VALUER-GENERAL
Office Use Only Roll No.:
Roll Noted:
F.S. Noted:
V.G. 2 Issued:
NOTIFICATION OF CHANGE OF OWNERSHIP
The Valuer-General, Brisbane.
Sir,-In accordance with the Valuation of Land Act 1944-1971, I/We hereby give notice of the following change of ownership:-
Name of Vendor:
Address:
*Name of Purchaser:
Address (for service of notices, &c.):
Date of Contract:
Date of Possession:
Sale Price, $ Terms of Sale:
County:
Town:
Valuation District:
Local Authority:
Parish:
Street:
Real Property Description of Land
Town Land Area
-
Frontage Depth Acres Rds.1 Pers.
I
Crown Leasehold
Land Agent's District: Area:
Tenure and No. (G.F., P.L.S., &c.): Portion:
Amount required to Freehold as at Date of Sale, $ (A) Sugar Cane Land.-
Gross Assignment Farm Peak:
(B) Tobacco Land.- Quota:
Country Lands
Acres. Net Assignment:
Reference to Titles No.
I
Vol. Fol.Acres.
54 Sch.,ff. V.G. 3, 4 REGULATIONS
I/We,
Apportionment of Sale Price Value of Lease (Crown Leasehold)
Unimproved Value of Land (Freehold) Nature and Value of Improvements:
Value of Implements, Plant, and Machinery Value of Live Stock,
Value of Chattels, $ Value of Crops, $
$ ... M
$ ... .
$ ... .
$ ... .
$ ... .
$ ...•...
Total $ ... . details of the several
, declare that this statement contains full and accurate matters and things set forth herein.
Dated this day of , 19
Signature of Purchaser.
Signature of Vendor.
NOTE: Penalty for lodging false Returns $40.
*If joint owners please insert whether joint tenants or tenants in common.
A separate form must be used for each sale.
Form V.G. 3 STATE OF QUEENSLAND
Valuation of Land Act 1944-1971
OATH OF SECRECY
I , , 0 f , ill . t e tate h S 0 f Q ueens an, emg *a person 1 d b ' * an officer within the meaning of :~:~~~~~ ~o (2A) of the Valuation of Land Act 1944-1971, do swear that I will not, either directly or indirectly, except as permitted under the said section, and either while I am, or after I cease to be, an officer, make a record of or divulge or communicate to any person any information respecting the affairs of any other person disclosed or obtained under the provisions of the Valuation of Land Act 1944-1971 or of any amendment thereof, or of any Act substituted therefor, or of any previous law of the State relating to the valuation of land.
So Help Me God.
Sworn and subscribed at
Signature.
in the State of Queensland this
day of , 19
Before me-
Justice of the Peace for the State of Queensland:
*Delete whichever is inapplicable.
Form V.G. 4
STATE OF QUEENSLAND
Valuation of Land Act 1944-1971
DECLARATION OF SECRECY
Signature.
I, , of , ill . the tate S 0 f Qu eens an, emg *a person I d b ' * an officer
*Section 8
within the meaning of *Section 20 (2A) of the Valuation of Land Act 1944-1971,