Valuation of Land Regulations 2002

Valuation of Land Regulations 2002

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Valuation of Land Act 2001 .

17 June 2002

G. S. M. GREEN

Governor

By His Excellency's Command,

D. E. LLEWELLYN

Minister for Primary Industries, Water and Environment

1.   Short title

These regulations may be cited as the Valuation of Land Regulations 2002 .

2.   Commencement

These regulations take effect on the day fixed under section 2(2) of the Valuation of Land Act 2001 .

3.   Interpretation

(1)  In these regulations –

Act means the Valuation of Land Act 2001 ;

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.

(2)  In these regulations, a reference to a form by number is a reference to the form so numbered in Schedule 1 .

4.   Owner's return – urban or suburban land and country land

For the purposes of section 23 of the Act, the prescribed forms are Form 1 in the case of urban or suburban land and Form 2 in the case of country land.

5.   Notice of valuation

For the purposes of section 27 of the Act, the prescribed form is Form 3 .

6.   Notice of objection

For the purposes of section 28 of the Act, the prescribed form is Form 4 .

7.   Objection to capital value, land value or assessed annual value

For the purposes of section 30(4)(b) of the Act, the prescribed amount is an amount that is 25% higher than the capital value, land value or assessed annual value, as the case may require, of the relevant land.

8.   Fee for new valuation

(1)  For the purposes of section 44(1) of the Act, the prescribed fee is the sum of –

(a) an amount determined at the rate of 125 fee units an hour for the time spent in any valuation work, excluding travelling time; and

(b) an amount determined at the rate of 85 fee units an hour for the time actually and reasonably spent in travelling for the purposes of the new valuation; and

(c) if the land valuer travelled by motor vehicle for the purposes of the new valuation, an amount determined at the rate of 0.6 fee units a kilometre or, if the land valuer travelled by any other means of transport, an amount that was actually and reasonably incurred in that transport.

(2)  If the amount determined under subregulation (1) is less than the equivalent of 100 fee units, the prescribed fee is an amount equivalent to 100 fee units.

9.   Application for new valuation, certified copy of entry on valuation roll or certified copy of certificate of new valuation

For the purposes of making an application for a new valuation under section 44(1) , for furnishing a certified copy of an entry on a valuation roll under section 52(2) of the Act or for furnishing a certified copy of a certificate of new valuation under section 52(4) of the Act, an application is to be in accordance with Form 5 .

10.   Certificate of new valuation

For the purposes of section 44(3) of the Act, a certificate of a new valuation is to be in accordance with Form 6 .

11.   Details of valuation lists

(1)  For the purposes of section 45(1) of the Act, the prescribed particulars are –

(a) references to enable identification of the relevant land; and

(b) the name and last known postal address of the owner of the land; and

(c) the situation, description and measurements or area of the land; and

(d) the land value of the land; and

(e) the capital value of the land; and

(f) the assessed annual value of the land; and

(g) a brief description of the land and of any improvements on the land.

(2)  A valuation list may, in addition to the particulars specified in subregulation (1) , state –

(a) the value of the estate and interest in the land within the relevant valuation district, including the interests of lessors and lessees; and

(b) the name and postal address of a lessee of land within that valuation district; and

(c) any apportionment of a valuation that the Valuer-General considers appropriate.

12.   Certified copy of entry on valuation roll

For the purposes of section 52(2) of the Act –

(a) a certified copy of an entry on a valuation roll is to be in accordance with Form 7 ; and

(b) the prescribed fee is 18 fee units.

13.   Certified copy of certificate of new valuation

For the purposes of section 52(4) of the Act –

(a) a certified copy of a certificate of a new valuation is to be in accordance with Form 8 ; and

(b) the prescribed fee is 18 fee units.

14.   Notice of sale, or agreement for sale, of growing trees

For the purposes of section 56 of the Act, the prescribed form is Form 9 .

SCHEDULE 1 - Forms

Form 1 - Owner's Return - Urban or Suburban Land

Form 2 - Owner's Return - Country Land

Form 3 - Notice of Valuation

Form 4 - Notice of Objection

Form 5 - Application Form

Form 6 - Certificate of New Valuation

Form 7 - Certified Copy of Entry on Valuation Roll

Form 8 - Certified Copy of Certificate of New Valuation

Form 9 - Notice of Sale, or Agreement for Sale, of Growing Trees

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 26 June 2002

These regulations are administered in the Department of Primary Industries, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations prescribe, for the purposes of the Valuation of Land Act 2001  –

(a) a form required for an owner of land to furnish information in the case of urban or suburban land or in the case of country land; and

(b) a form for a notice of valuation; and

(c) a form for an objection to a valuation; and

(d) an amount by reference to which objections to valuations may be determined by the Supreme Court; and

(e) the fee to be paid for a new valuation; and

(f) a form for an application for a new valuation, for furnishing a certified copy of an entry on a valuation roll or for furnishing a certified copy of a certificate of a new valuation; and

(g) a form for a certificate of a new valuation; and

(h) particulars to be furnished to the Commissioner of Taxes and a rating authority by the Valuer-General; and

(i) a form for a certified copy of an entry on a valuation roll; and

(j) a form for a certified copy of a certificate of a new valuation; and

(k) a form for a notice of sale, or agreement for sale, of growing trees.