Archer v The Valuer-General [1991] QLC 229

Re: Determination of Unimproved Value - Shire of Soulia. (AV90-535) R.B. Arch er V. The Valuer-General DECISION LAND COURT, BRISBANE. 21st June, 1991. This is an appeal against the determination by the Valuer-General of an unimproved value of $10,000 ($1.15/ha) for part of Lilleyvale Pastoral Holding in the Parish of Sandilla containing an area of 8,677 hectares. The holding in all contains an area of 32, 114 hectares and is situated 207 kilometres west of Winton and 160 kilometres east of Soulia. The balance area is in the Shire of Winton. The relevant date for the determination of the unimproved value is 31st March, 1989. The appellant contends within the Notice of Appeal for an unimproved value of $1,700. Mrs Rosemary Bethia Archer told the Court that this relevant portion of Lilleyvale is mostly rough country and despite the fact that she has put two watering points on the area cattle will not run there. At most she runs 40 head of cattle on this country which is not separately fenced. The last seven years have been poor seasons. Mrs Archer submits that the she receives absolutely no [1991] QLC 229 -- 1 of 3 -- - Page 2 - services from the Soulia Shire and it seems to her that she pays too much in rates to that Local Authority. Mrs Archer submitted that the property market has dropped of recent times and says that a Departmental Valuer assured that this drop in value would be taken into consideration and that later the valuation would be reduced. David Charles Funston Dorrough who is a practicing registered valuer currently contracting his services to the Department of Lands made the valuation under appeal. Mr Dorrough describes the nature of the land as comprising 5,300 hectares open gidyea forest, eroded slopes, hollows, sparsely grassed, saline weeds and herbage, and 3,377 hectares red broken residuals, ridges, tablelands broken by numerous valleys, creeks and gullies. There is 2,560 hectares of unfenced stock route within the property boundaries which is used by the appellant. Mr Durrough estimates the carrying capacity to be one beast to 50 hectares (170 head) and says that the country is suitable for breeding and growing of beef cattle. Mr Durrough values the land as follows:- 5,300 ha open gidyea forest, eroded slopes, hollows, sparsely grassed, saline weeds and herbage at $1.50/ha. 3,377 ha red broken residuals, ridges, tablelands broken by numerous valleys, creeks and gullies at $0.70/ha. Mr Dorrough relies upon the analyses of two sales as a basis for his valuation. "Archervale" comprising 30,674 hectares sold on 22nd November, 1988 from Lloyd to Drury for $330,000 - analysed unimproved value $1.38 per hectare. Mr Dorrough sees "Archervale" to be inferior to the total area to "Lilleyvale" but superior to the Soulia Shire area under appeal here. He sets out in some detail the reasons for this opinion and they are embodied within his valuation report. -- 2 of 3 -- - Page 3 - "Mackunda Downs" containing 54,120 hectares sold on 26th February, 1988 from Mead to Peoples for $1,200,000 - analysed unimproved value $2.21/ha. Mr Dorrough sees "Mackunda Downs" as being superior to "Lilleyvale" on an overall basis and also superior to the Soulia Shire area. Again his reasons for this opinion are stated. Mr Dorrough says that the market for properties was still rising at the relevant date for this valuation. He has no recent sales to indicate whether values have since fallen. It is clear that the unimproved value of the subject land is to be determined as at 31st March, 1989 and there is no evidence to show as at that date the market had fallen from the levels established from Mr Dorrough's sales which took place in 1988. Indeed the sale of "Archervale" was on 22nd November, 1988 and this is not much before and surely indicative of market value at relevant date. This Court is not a rating tribunal and has no jurisdiction to assess rates, that is for the Local Authority concerned. My function is to determine the unimproved value of the subject land and on the valuation evidence of Mr Durrough, which is uncontradicted, I cannot hold that an unimproved value of $1.15 per hectare for the subject land is excessive or unreasonable. Certainly there is no evidence to support the appellants' unimproved value of $1,700. It follows that the appeal be dismissed, and that the determination made by the Valuer-General of an unimproved value of $10,000 for the relevant part of Lilleyvale Pastoral Holding be affirmed. C.H. Carter Member of the Land Court. -- 3 of 3 --