Valuation of Land Update

18 February 2010

New valuations

New unimproved valuations are due for release in late March 2010 (valuations as at 1 October 2009 and with effect from 30 June 2010) for land in a range of local government areas. These are Balonne, Banana, Brisbane, Bundaberg, Cassowary Coast, Charters Towers, Cook, Croydon, Etheridge, Fraser Coast, Gold Coast, Lockyer Valley, Moreton Bay, Redlands, Rockhampton, Somerset, South Burnett, Southern Downs, Torres, Townsville, Weipa, Western Dows and Whitsunday. 

Valuations issued under the Valuation of Land Act 1944 (VLA) are used for assessing land tax and rates.

Valuation of Land and Other Legislation Amendment Bill 2010 

On 11 February 2010, the Sate Government introduced the Valuation of Land and Other Legislation Amendment Bill 2010 into Parliament following protracted and, in the end, unsuccessful litigation with a number of major shopping centre owners. According to the State Government, the Bill is designed to "correct the Appeal Court's interpretation of the law". The Property Council of Australia is critical of the Government's action taking the view that the State intends to rush the new Bill through Parliament in order to protect their land tax income stream and, thus, denying owners their anticipated reductions in land valuation.

The Bill proposes major changes to the VLA affecting the way in which land is valued and objection and appeal rights for land owners in Queensland. The proposed changes are intended to apply retrospectively to valuations from 1 October 2002 as well as to the new valuations which are about to be issued.

If the Bill is passed it will fundamentally change the way in which land is required to be valued in Queensland and impose new requirements on land owners who wish to object to valuations.

Objection rights

Land owners should consider their objection rights and be aware of proposed changes to their objection and appeal rights which may affect their ability to seek a valuation review. Appropriate systems should be put in place to ensure that when received a new valuation is dealt with in a timely manner.

Objections will be required to be lodged within 45 days of the issuing date of the new valuations.  Failure to lodge an objection within the specified time will result in the loss of objection and appeal rights and owners will be bound by the new valuations.

Objections lodged out of time because a notice was not received or misplaced will not be considered. 

Land owners who do not receive a notice within the anticipated time frame should check with the Department of Environment and Resource Management to ensure that their correct contact details are recorded. Objection rights will be lost if the objection period is missed because of failure by a land owner to advise the Department of their correct contact details.

Importantly, land owners considering objecting to their valuation should seek legal and valuation advice. A further requirement of the proposed changes is that objections will be deemed invalid if they fail to comply with relevant requirements and objections and appeals will be limited to the grounds raised in the objection. 

For more information, please contact: 

Rebecca Castley | Partner
Mullins Lawyers
t +61 7 3224 0211
f +61 7 3224 0333
rcastley@mullinslaw.com.au