Valuation of Land Regulations 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Valuation of Land Regulations 2014 S.R. No. 148/2014 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Revocation 1 5 Definition 2 6 Oath of fidelity and secrecy 2 7 Form of notification of decision by rating authority 2 8 Prescribed form of report to valuer-general 2 9 Prescribed form of report of supplementary valuation to the valuer-general following return to council 3 10 Prescribed form of returned valuations 3 11 Prescribed form of report of supplementary valuations to the valuer-general following return to collection agency 3 12 Prescribed form of return of valuations 4 13 Prescribed information for objections 4 14 Prescribed amount for exchange of information on certain objections 4 15 Prescribed information to be given by the valuer 5 __________________ SCHEDULES 6 SCHEDULE 1—Oath of Fidelity and Secrecy 6 SCHEDULE 2 7 Form—Notice of Decision under Section 6(1) 7 SCHEDULE 3—Information Required for Objection to Valuation under Section 16(2)(a) 8 PART A 8 PART B 8 ═══════════════ ENDNOTES 10 -- 1 of 11 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 148/2014 Valuation of Land Act 1960 Valuation of Land Regulations 2014 The Governor in Council makes the following Regulations: Dated: 30 September 2014 Responsible Minister: MATTHEW GUY Minister for Planning YVETTE CARISBROOKE Clerk of the Executive Council 1 Objective The objective of these Regulations is to prescribe certain matters for the purposes of the Valuation of Land Act 1960. 2 Authorising provision These Regulations are made under section 52 of the Valuation of Land Act 1960. 3 Commencement These Regulations come into operation on 1 November 2014. 4 Revocation The following Regulations are revoked— (a) the Valuation of Land (General and Supplementary Valuation) Regulations 2003 1 ; -- 2 of 11 -- S.R. No. 148/2014 Valuation of Land Regulations 2014 2 Authorised by the Chief Parliamentary Counsel (b) the Valuation of Land (General Valuation) (Amendment) Regulations 20062 ; (c) the Valuation of Land (General and Supplementary Valuation) (Amendment) Regulations 2007 3 ; (d) the Valuation of Land (General and Supplementary Valuation) Amendment Regulations 2009 4 . 5 Definition In these Regulations— the Act means the Valuation of Land Act 1960. 6 Oath of fidelity and secrecy For the purposes of section 3A(3)(b) of the Act, the prescribed oath of fidelity and secrecy is the oath set out in Schedule 1. 7 Form of notification of decision by rating authority Notice given under section 6(1) of the Act of a decision to cause a general valuation to be made must be given in the form in Schedule 2. 8 Prescribed form of report to valuer-general For the purposes of section 7AA(1) of the Act, a report of a valuation is in the prescribed form if— (a) it is data, text or images able to be stored and transmitted electronically; and (b) it contains the information required to be contained in a valuation record by the Valuation Best Practice Specifications Guidelines; and (c) it contains the information required to be contained in a report of general valuation by the Valuation Best Practice Specifications Guidelines. r. 5 -- 3 of 11 -- S.R. No. 148/2014 Valuation of Land Regulations 2014 3 Authorised by the Chief Parliamentary Counsel 9 Prescribed form of report of supplementary valuation to the valuer-general following return to council For the purposes of section 13DFA(1) of the Act, a report of a supplementary valuation is in the prescribed form if— (a) it is data, text or images able to be stored and transmitted electronically; and (b) it contains the information required to be contained in a valuation record by the Valuation Best Practice Specifications Guidelines. 10 Prescribed form of returned valuations For the purposes of section 13DH(1) of the Act, a returned valuation is in the prescribed form if— (a) it is data, text or images able to be stored and transmitted electronically; and (b) it contains the information required to be contained in a valuation record by the Valuation Best Practice Specifications Guidelines; and (c) it contains the information required to be contained in a report of general valuation by the Valuation Best Practice Specifications Guidelines. 11 Prescribed form of report of supplementary valuations to the valuer-general following return to collection agency For the purposes of section 13M(1) of the Act, a report of a supplementary valuation is in the prescribed form if— (a) it is data, text or images able to be stored and transmitted electronically; and r. 9 -- 4 of 11 -- S.R. No. 148/2014 Valuation of Land Regulations 2014 4 Authorised by the Chief Parliamentary Counsel (b) it contains the information required to be contained in a valuation record by the Valuation Best Practice Specifications Guidelines. 12 Prescribed form of return of valuations For the purposes of section 13O(1) of the Act, a valuation is returned in the prescribed form if— (a) it is data, text or images able to be stored and transmitted electronically; and (b) it contains the information required to be contained in a valuation record by the Valuation Best Practice Specifications Guidelines; and (c) it contains the information required to be contained in a report of general valuation by the Valuation Best Practice Specifications Guidelines. 13 Prescribed information for objections For the purposes of section 16(2)(a) of the Act, the prescribed information is the information set out in Schedule 3. 14 Prescribed amount for exchange of information on certain objections For the purposes of 20(1)(b) of the Act, the prescribed amount is— (a) a net annual value of $120 000; or (b) a site value of $1 500 000; or (c) a capital improved value of $2 000 000. r. 12 -- 5 of 11 -- S.R. No. 148/2014 Valuation of Land Regulations 2014 5 Authorised by the Chief Parliamentary Counsel 15 Prescribed information to be given by the valuer For the purposes of section 20(2) of the Act, the prescribed information is— (a) the address of the land; and (b) the rating authority's property reference number; and (c) details of the land and improvements; and (d) a description of the rating authority's valuation approach including, if appropriate, any sales or rentals relied on; and (e) a response to the information contained in the objection, if appropriate. __________________ r. 15 -- 6 of 11 -- S.R. No. 148/2014 Valuation of Land Regulations 2014 6 Authorised by the Chief Parliamentary Counsel SCHEDULES SCHEDULE 1 Regulation 6 OATH OF FIDELITY AND SECRECY I, [insert name] of [insert address] swear that I will truly and faithfully perform any duties carried out under the Valuation of Land Act 1960 to the best of my skill and knowledge, and that I will not divulge or communicate any matter coming to my knowledge in relation to any books, documents or papers inspected for the purpose of making a valuation pursuant to the Act or any other matter coming to my knowledge in the performance of my duties to any person except for the purpose of carrying into effect the provisions of the Act. __________________ Sch. 1 -- 7 of 11 -- S.R. No. 148/2014 Valuation of Land Regulations 2014 7 Authorised by the Chief Parliamentary Counsel SCHEDULE 2 FORM Regulation 7 Valuation of Land Act 1960 Valuation of Land Regulations 2014 NOTICE OF DECISION UNDER SECTION 6(1) On behalf of [name of valuation authority], notice is given that it decided to cause a general valuation to be made of: (a) all the rateable land within the [description of the rating area] of a rating authority or in any one or more subdivisions of such an area; (b) all the non-rateable leviable land within the [description of the rating area] of a rating authority or in any one or more subdivisions of such an area; (c) non-rateable leviable land for which a rating authority is responsible for valuing not located within the municipal district [description of the non-rateable leviable area]. The valuation is to be returned not later than [date] and the valuer or valuers [to be] appointed are [name(s)]. Notice of this general valuation has been sent to [names of relevant authorities]. Signed: Date: __________________ Sch. 2 -- 8 of 11 -- S.R. No. 148/2014 Valuation of Land Regulations 2014 8 Authorised by the Chief Parliamentary Counsel SCHEDULE 3 Regulation 13 INFORMATION REQUIRED FOR OBJECTION TO VALUATION UNDER SECTION 16(2)(a) PART A For each land objected to 1. The address of the land. 2. The rating authority's land reference number. 3. The name of the aggrieved person and whether that person is an owner and/or occupier. 4. The postal address of the aggrieved person (if different to the address of the subject land). 5. The telephone contact details of the aggrieved person. 6. The area of the land in square metres or hectares. 7. The date of lodgement of the objection. 8. The value or values for which an objection is being lodged. PART B B1 For land classified as residential land 1. The description of the dwelling including the area in square metres. 2. The details of any structural improvements erected on the property. B2 For land classified as commercial or industrial land 1. The gross area of any buildings on the land in square metres. 2. The lettable area of any buildings on the land in square metres. 3. The nature of occupancy of any building on the land. 4. The commencement date and term in years of any lease relating to the land. 5. The actual net and/or gross rent payable per year, as specified in any lease. Sch. 3 -- 9 of 11 -- S.R. No. 148/2014 Valuation of Land Regulations 2014 9 Authorised by the Chief Parliamentary Counsel 6. The details of rent reviews specified in any lease. 7. The details of any incentives provided by the lessor in relation to the letting of the land. 8. The details of any outgoings relevant to the lease and the name of the person responsible for those outgoings. 9. The number of car parking spaces on the land or associated with any lease relating to the land and the annual rent payable for those spaces. 10. The details of any fixed plant. B3 For land classified as rural production land 1. A description of the major soil types and topographical features on the land with the area of each type in hectares. 2. The details of the type and extent of any vegetation or planting found on the land with the area of each type in hectares. 3. The details of the existence and extent of any irrigation including details of user permit and access rights, and any dam and bore licences. 4. A description of the fencing, pastures and water supply on the land. 5. The details of any leases or licences for unused roads or water frontages. 6. A description of the main dwelling on the land (if any). 7. A description of any additional dwelling or other structural improvements to the land including any fixed plant. ═══════════════ Sch. 3 -- 10 of 11 -- S.R. No. 148/2014 Valuation of Land Regulations 2014 10 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4(a): S.R. No. 153/2003 as amended by S.R. Nos 117/2006, 78/2007 and 41/2009 and extended in operation by S.R. No. 160/2013. 2 Reg. 4(b): S.R. No. 117/2006. 3 Reg. 4(c): S.R. No. 78/2007. 4 Reg. 4(d): S.R. No. 41/2009. Endnotes -- 11 of 11 --