New South Wales: Valuation of Land Act 1916 (NSW)

Valuation of Land Act 1916 No 2 An Act to make provision for the valuation of land; to establish the office of Valuer-General; to provide for the appointment of contract valuers; and for other purposes. Part 1 Preliminary 1 Name of Act This Act may be cited as the Valuation of Land Act 1916. 2 Date of commencement This Act shall commence and come into operation on the first day of January, one thousand nine hundred and sixteen. Parts 5 and 6 shall not come into operation within any district or any part of a district until a date to be specified by proclamation of the Governor in the Gazette. Editorial note— For list of districts and parts of districts to which the operation of Parts 5 and 6 has been extended, see the Historical notes at the end of this Act. 3 (Repealed) 4 Definitions (1) In this Act, unless inconsistent with the context or subject-matter— Area means the territory within which a rating or taxing authority levies rates or taxes. Compulsorily acquired means compulsorily acquired in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 or the Roads Act 1993. contract includes an arrangement. contract valuer means a person or body with whom the Valuer-General has a valuation service contract. Council has the same meaning as it has in the Local Government Act 1993. Department means the Department of Planning, Industry and Environment. Deposited plan means a plan (not being a plan under the Strata Schemes Development Act 2015) registered after being lodged at the office of the Registrar-General in accordance with Division 3 of Part 23 of the Conveyancing Act 1919. District means valuation district for the purposes of this Act. exercise a function includes perform a duty. function includes a duty. general valuation means a valuation referred to in section 14A (1). Land improvements means— (a) the clearing of land by the removal or thinning out of timber, scrub or other vegetable growths, (b) the picking up and removal of stone, (c) the improvement of soil fertility or the structure of soil, (d) the restoration or improvement of land surface by excavation, filling, grading or levelling, not being works of irrigation or conservation, (d1) without limiting paragraph (d), any excavation, filling, grading or levelling of land (otherwise than for the purpose of irrigation or conservation) that is associated with— (i) the erection of any building or structure, or (ii) the carrying out of any work, or (iii) the operations of any mine or extractive industry, (e) the reclamation of land by draining or filling together with any retaining walls or other works appurtenant to the reclamation, and (f) underground drains. Lease includes agreement to lease, licence, or any other document for the tenancy or occupancy of land. Lessee includes sub-lessee. List includes supplementary list. Local government area has the same meaning as area has in the Local Government Act 1993. Owner means the person who, whether jointly or severally, is seised or possessed of or entitled to any estate or interest in land. Planning instrument means an environmental planning instrument within the meaning of the Environmental Planning and Assessment Act 1979 (including a deemed environmental planning instrument within the meaning of that Act). rating or taxing authority means a rating or taxing authority referred to in section 47 (1). Register of Land Values means the Register of Land Values referred to in section 14CC. Rent, in respect of a lease, includes premium, fine, royalty, and any other consideration for the tenancy or occupancy of land. Secretary means the Secretary of the Department. Stratum means a part of land consisting of a space or layer below, on, or above the surface of the land, or partly below and partly above the surface of the land, defined or definable by reference to improvements or otherwise, whether some of the dimensions of the space or layer are unlimited or whether all the dimensions are limited; but refers only to a stratum ratable or taxable under any Act, and strata is the plural of stratum. Supplementary valuation means a valuation included in a supplementary list supplied pursuant to section 49 but does not include— (a) a valuation made under the provisions of section 19B or a valuation referred to in section 20 (3) (b), (b) an altered valuation made as the result of an objection, appeal, correction of a clerical error or misdescription, where the valuation which was altered was included in a general valuation. (c) (Repealed) Taxes includes duties. valuation recommendation means a recommendation of the kind referred to in section 13H. valuation service means a service involving the provision of valuation recommendations to the Valuer-General. valuation service contract means a valuation service contract referred to in Part 1A. valuing year means the year commencing 1 July. water right means a right or authority (however described) under the Water Management Act 2000, the Water Act 1912 or any other Act, being a right or authority to construct, install or use works of irrigation, or to use water supplied by works of irrigation. Western Division means that part of the State that is the Western Division within the meaning of the Crown Land Management Act 2016. Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (1A) In this Act, a reference to land includes a reference to a stratum and a reference to a parcel of land includes a reference to a parcel that comprises a stratum. (2) Notes in the text of this Act are explanatory notes and do not form part of this Act. (3) Nothing in this Act relating to strata shall affect the provisions of the Strata Schemes Development Act 2015. 4A Application of Act to fire and emergency services levy (1) In this Act— (a) a reference to a rate or tax includes a reference to the fire and emergency services levy under the Fire and Emergency Services Levy Act 2017, and (b) a reference to the levying of a rate or tax by a council includes a reference to the charging of that fire and emergency services levy by a council. (2) However, the application of this Act to the fire and emergency services levy is subject to provisions of the Fire and Emergency Services Levy Act 2017. Note— The Fire and Emergency Services Levy Act 2017 enables certain unvalued land (for example land on Lord Howe Island) to be valued for the purposes of the levy as provided for by the regulations under that Act. The valuation method is different from the method by which a general valuation for land is ascertained under Part 1B. 5 Improved value of land (1) The improved value of land is the capital sum which the fee-simple of the land might be expected to realise if offered for sale on such reasonable terms and conditions as a bona-fide seller would require. (2) In determining the improved value of any land being premises occupied for trade, business, or manufacturing purposes, such value shall not include the value of any plant, machines, tools, or other appliances which are not fixed to the premises or which are only so fixed that they may be removed from the premises without structural damage thereto. 6 (Repealed) 6A Land value (1) The land value of land is the capital sum which the fee-simple of the land might be expected to realise if offered for sale on such reasonable terms and conditions as a bona-fide seller would require, assuming that the improvements, if any, thereon or appertaining thereto, other than land improvements, and made or acquired by the owner or the owner's predecessor in title had not been made. (2) Notwithstanding anything in subsection (1), in determining the land value of any land it shall be assumed that— (a) the land may be used, or may continue to be used, for any purpose for which it was being used, or for which it could be used, at the date to which the valuation relates, and (b) such improvements may be continued or made on the land as may be required in order to enable the land to continue to be so used, but nothing in this subsection prevents regard being had, in determining that value, to any other purpose for which the land may be used on the assumption that the improvements, if any, other than land improvements, referred to in subsection (1) had not been made. (3) Notwithstanding anything in subsection (1), in determining the land value of any land, being land in relation to which, at the date to which the valuation relates, there was a water right— (a) the land value shall include the value of the right, and (b) it shall be assumed that the right shall continue to apply in relation to the land. (4) For the purpose of determining the value of a water right, the value of any water secured by, or referable to, that right is to be ignored. 7 Assessed annual value (1) The assessed annual value of land is— (a) nine-tenths of the fair average annual value of the land, with the improvements (if any) thereon, or (b) $10, whichever is the greater. (2) In determining the assessed annual value of any land being premises occupied for trade, business, or manufacturing purposes such value shall not include the value of any plant, machines, tools, or other appliances which are not fixed to the premises or which are only so fixed that they may be removed from the premises without structural damage thereto. (3) In determining the assessed annual value of any land it shall be assumed that the land, with the improvements, if any, thereon is not subject to the provisions of the Landlord and Tenant (Amendment) Act 1948. 7A Improved value of strata (1) The improved value of a stratum is the capital sum which the fee-simple of the stratum might be expected to realise if offered for sale on such reasonable terms and conditions as a bona-fide seller would require. (2) In determining the improved value of any stratum being premises occupied for trade, business, or manufacturing purposes, such value shall not include the value of any plant, machines, tools or other appliances which are not fixed to the premises or which are only so fixed that they may be removed from the premises without structural damage thereto. 7B Land value of strata (1) The land value of a stratum is the capital sum which the fee-simple of the stratum might be expected to realise if offered for sale on such reasonable terms and conditions as a bona-fide seller would require assuming— (a) that the improvements, if any, within the stratum and made or acquired by the owner or the owner's predecessor in title had not been made: Provided that where the stratum is wholly or partly in an excavation it shall be assumed that the excavation of the stratum had been made, (b) that means of access to the stratum may be used, and may continue to be used, as they were being used, or could be used, on the date to which the valuation relates, and (c) that lands outside the stratum, including land of which the stratum forms part, are in the state and condition existing at the date to which the valuation relates, and, in particular, without limiting the generality of this assumption, that where the stratum consists partly of a building, structure, or work or is portion of a building, structure, or work, such building, structure, or work, to the extent that it is outside the stratum, had been made. (2) Notwithstanding anything in subsection (1), in determining the land value of a stratum it shall be assumed that— (a) the stratum may be used, or may continue to be used, for any purpose for which it was being used, or for which it could be used, at the date to which the valuation relates, and (b) such improvements may be continued or made in the stratum as may be required in order to enable the stratum to continue to be so used, but nothing in this subsection prevents regard being had, in determining that value, to any other purpose for which the stratum may be used on the assumptions set forth in subsection (1). 7C Assessed annual value of strata (1) The assessed annual value of a stratum is— (a) nine-tenths of the fair average annual value of the stratum, with the improvements (if any) therein, or (b) $10, whichever is the greater. (2) In determining the assessed annual value of any stratum being premises occupied for trade, business, or manufacturing purposes such value shall not include the value of any plant, machines, tools, or other appliances which are not fixed to the premises or which are only so fixed that they may be removed from the premises without structural damage thereto. (3) In determining the assessed annual value of any stratum it shall be assumed that the stratum, with the improvements, if any, therein, is not subject to the provisions of the Landlord and Tenant (Amendment) Act 1948. 7D Valuer-General not required to determine certain valuations (1) Subject to subsection (5), on and after 1 January 1973, the Valuer-General is not required— (a) to determine the improved value of any land, (b) to determine the assessed annual value of any land except where the Valuer-General is requested, by instrument in writing, to do so by a rating or taxing authority, or (c) to record in the Register of Land Values the nature of the improvements on any land. (2) Subsection (1) shall not operate so as to prevent the Valuer-General, if he or she decides to do so, from determining the assessed annual value of any land or from recording in the Register of Land Values the nature of the improvements on any land. (2A) The Valuer-General is not required, in relation to a rating or taxing authority— (a) to make any valuation, or to determine any allowance or apportionment factor, under this Act, or (b) to comply with any other provision of this Act or any other law with respect to such a valuation, allowance, apportionment factor or rating base factor, if it appears to the Valuer-General, at the time at which the valuation, allowance, apportionment factor or rating base factor would otherwise be made or determined, that the valuation, allowance, apportionment factor or rating base factor would not, at any time, be used for the purpose of any rate or tax which may be made by or payable to the authority. (3) The omission to include in the Register of Land Values or to give in a valuation list the assessed annual value of any land in respect of which a request is made pursuant to subsection (1) (b) by a rating or taxing authority or a valuation, allowance, apportionment factor or rating base factor to which subsection (2A) applies shall not affect or invalidate the Register of Land Values or the valuation list. (4) This section shall have effect notwithstanding any provision of this Act or of any other law. (5) Nothing in or done under this section shall affect the operation of section 19B. 7E–7K (Repealed) 8 Valuer-General (1) The Governor may appoint a Valuer-General, who shall have the general administration of this Act. (2) Schedule 1 has effect in respect of the Valuer-General. (3) Subject to this Act, the Valuer-General has and may exercise the functions conferred or imposed on the Valuer-General by or under this or any other Act or law. (4) The general role of the Valuer-General is— (a) to exercise functions with respect to the valuation of land in the State, and (b) to ensure the integrity of valuations under this Act, and (c) to be the custodian of the Register of Land Values. (5) The Valuer-General may delegate to any person any of the functions conferred or imposed on the Valuer-General by or under this or any other Act or law, other than this power of delegation. 9 Functions of Valuer-General (1) The functions of the Valuer-General include the following— (a) to establish and maintain the Register of Land Values, and for this purpose to maintain such databases as the Valuer-General thinks appropriate, (b) to enter valuations on the Register of Land Values on the basis of valuation recommendations made under this Act, (c) to enter into, manage and monitor valuation service contracts, (d) to make valuations of land as authorised or required by or under this or any other Act, (e) to deal with objections and appeals against valuations under this Act. (2) The Valuer-General may, on behalf of the Crown, enter into contracts in connection with the exercise of the functions of the Valuer-General. Nothing in this subsection affects any other power to enter into contracts. 9A Private valuations by Valuer-General (1) The Valuer-General may make a valuation of land at the request of any person (a private valuation) for the purposes of any agreement or other arrangement between parties (a private agreement) that provides for the valuation to be made by the Valuer-General. (2) The terms of the private agreement do not prevent the Valuer-General from delegating the making of the private valuation or from making the private valuation on the recommendation of a contract valuer. Note— Section 8 (5) enables the Valuer-General to delegate the making of a private valuation to any person. Section 13H provides for the Valuer-General to make a private valuation on the recommendation of a contract valuer. (3) A private valuation made by a delegate of the Valuer-General or by the Valuer-General on the recommendation of a contract valuer is, for the purposes of a private agreement, deemed to have been made by the Valuer-General (even if the private agreement provides for the valuation to be made by the Valuer-General as an expert valuer or on the basis of the Valuer-General's own investigations, skill and judgment). (4) The making of a private valuation under this section is at the discretion of the Valuer-General and the Valuer-General cannot be required to make a private valuation under this section. 10 Staff Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the Valuer-General to exercise his or her functions. Note— Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the Valuer-General makes use of) may be referred to as officers or employees, or members of staff, of the Valuer-General. Section 47A of the Constitution Act 1902 precludes the Valuer-General from employing staff. 11 Disclosure and misuse of certain information (1) A person shall not disclose any information obtained in connection with the administration or execution of this Act unless that disclosure is made— (a) with the consent of the person from whom the information was obtained, (b) in connection with the administration or execution of this Act, (c) for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings, (d) in accordance with a requirement imposed under the Ombudsman Act 1974, or (e) with other lawful excuse. (2) A person acting in the administration or execution of this Act shall not use, either directly or indirectly, information acquired by the person in that capacity, being information that is not generally known but if generally known might reasonably be expected to affect materially the market value or price of any land for the purpose of gaining either directly or indirectly any personal advantage. (3) The following persons, namely— (a) contract valuers, (b) directors of corporations that are contract valuers, (c) officers, employees and agents of contract valuers, are, for the purposes of this section, taken to be involved in the administration or execution of this Act. Accordingly, they are persons to whom subsections (1) and (2) apply. Maximum penalty—20 penalty units. 12 Local government areas (1) Each local government area is a valuation district for the purposes of this Act. (2) Whenever there is any change in the boundaries of a local government area, the same change is taken to have been made in the boundaries of the valuation district that corresponds to that area. 13 Western Division That portion of the Western Division which is not incorporated as local government areas shall also be a valuation district, but may be divided by the Governor into two or more such districts. The Governor shall notify any such division in the Gazette, and may rescind or alter any such division. Part 1A Contract valuers 13A Valuation service contracts (1) The Valuer-General may negotiate and enter into valuation service contracts for the provision of valuation services to the Valuer-General. (2) Without limiting the terms and conditions of valuation service contracts, such contracts may regulate the manner in which valuation services are to be carried out. In particular, such contracts may contain provisions— (a) setting out the principles and methods according to which the valuation services are to be carried out, (b) establishing performance indicators to assist with assessing the effectiveness and efficiency of the valuation services that have been carried out, (c) prescribing the qualifications of persons (including contract valuers and employees or agents of contract valuers) who may exercise specified functions, (d) identifying persons (including contract valuers and employees or agents of contract valuers) who may or may not exercise specified functions, (e) regulating the manner in which specified functions are to be exercised, (f) imposing restrictions on the exercise of specified functions, (g) authorising contract valuers to exercise functions or discretions that expressly or impliedly belong to the Valuer-General, (h) setting out the obligations of contract valuers to provide assistance to the Valuer-General in dealing with objections under Part 3, defending appeals under Part 4 and exercising functions under Part 5. (3) Contract valuers are not agents of and do not represent the Valuer-General, except where expressly provided by or under this or any other Act or by the terms of the relevant valuation service contract. 13B Kinds of contracts Valuation service contracts are of two kinds, as follows— (a) contested contracts, being contracts contested through open tender, and (b) uncontested contracts, being contracts that are not contested through open tender. 13C Contested contracts (1) The Minister may, by order in writing, direct the Valuer-General to invite tenders for contested valuation service contracts for the provision of valuation services— (a) in specified parts of the State, or (b) for specified purposes, or (c) for specified purposes in specified parts of the State. (2) The Valuer-General is required to comply with a direction under subsection (1). However, any failure to do so does not invalidate anything done or omitted to be done under or for the purposes of this or any other Act or law. (3), (4) (Repealed) 13D Uncontested contracts The Valuer-General may negotiate and enter into uncontested valuation service contracts with the State Valuation Office for the provision of— (a) valuation services not covered by a direction under section 13C, and (b) valuation services for which there are no successful tenderers under section 13C. 13E Termination of contracts The Valuer-General may terminate a valuation service contract at any time, subject only to the terms of the contract. 13F Monitoring of contract valuers The Valuer-General is required— (a) to monitor the standard of valuation services provided under valuation service contracts, and (b) to make assessments (on a sample basis or otherwise) of the compliance by contract valuers with procedural and other requirements of this Act, the regulations and the applicable valuation service contracts. 13G Provisions relating to State Valuation Office (1) The State Valuation Office may enter into contested and uncontested valuation service contracts with the Valuer-General. (2) The Secretary may enter into contracts, and do anything else, on behalf of the State Valuation Office for the purposes of this Act. (3) The Secretary may delegate his or her functions under this section, other than this power of delegation, to any person employed in the State Valuation Office. (4) Nothing in this section affects any other power to enter into contracts or do anything else. 13H Recommendations for valuations (1) Any valuation for which the Valuer-General is required under section 13C to invite tenders for contested valuation service contracts must, and any other valuation under this Act may, be made by the Valuer-General on the recommendation of a contract valuer. (2) For the purpose of formulating recommendations in connection with a valuation, a contract valuer may exercise any relevant functions or discretions that expressly or impliedly belong to the Valuer-General and— (a) that are specifically authorised by the relevant valuation service contract to be exercised by the contract valuer, or (b) that, although not so specifically authorised, are ancillary to or otherwise relate to the making of the valuation. This subsection has effect subject to the valuation service contract. (3) The Valuer-General may make a valuation on the basis of such a recommendation— (a) without independently exercising relevant functions or discretions referred to in subsection (2), and (b) without independently assessing the accuracy of the recommendation. (4) Without limiting section 13F, the Valuer-General is to monitor and make general assessments of the standards of accuracy of recommendations. (5) The Valuer-General may request that a recommendation be revised by the contract valuer who prepared it. (6) If a contract valuer under a contested valuation service contract— (a) fails to make a recommendation in respect of a valuation or class of valuations to which the contract applies, or (b) fails to revise a recommendation, in respect of a valuation or class of valuations to which the contract applies, in accordance with a request under subsection (5), the Valuer-General may make the valuation or valuations concerned without the need for such a recommendation. (7) Alternatively, the Valuer-General may negotiate and enter into an uncontested valuation service contract with some other contract valuer to provide the relevant recommendations. Part 1B Valuation of land Division 1 Land to be valued 14A Valuer-General to ascertain land values (1) The land value of each parcel of land in New South Wales, other than— (a) lands of the Crown, or (b) land that is within the Western Division and is not within the area of a rating or taxing authority, is to be ascertained each year. (2) The Valuer-General may at any time value any parcel of land, either on his or her own initiative or— (a) in the case of lands of the Crown, on the application of the public authority by or on whose behalf the land is held, or (b) in the case of land within the Western Division (including land referred to in paragraph (a)), on the application of the Secretary of the Department of Industry, or (c) in the case of land within the area of a rating or taxing authority (including land referred to in paragraph (a) or (b)), on the application of that authority. (3) (Repealed) (4) The Valuer-General may separately value different parts of the same parcel of land, in which case this Act applies to each such part as if it were a separate parcel of land. (5) Any land value ascertained under this Act is to be entered in the Register of Land Values. (6) The power to ascertain a land value includes the power to reascertain that land value, and references in this Part to the ascertainment of land value are taken to include references to the reascertainment of land value. 14B Valuations to be made as at 1 July in current valuing year (1) Land that is valued for the purposes of a general valuation is to be valued as at 1 July in the valuing year in which the valuation takes place. (2) A land value for any year commencing 1 July may be ascertained for a parcel of land even if it did not exist, as at 1 July in that year, in the form in which it exists when its value is ascertained. (3) If any part of the parcel was, as at 1 July in that year, included in another parcel of land for which a value as at that date has been ascertained, the Valuer-General is to reascertain the value of the residue of that other parcel. Division 2 How land is to be valued 14C Valuation of land in the Western Division (1) In making a valuation for use by a rating or taxing authority of land in the Western Division, the Valuer-General is to assume— (a) if the land is freehold land, that the land is, as freehold land, subject to such restrictions on the use and disposition of the land as would be applicable if the land were held under and in accordance with a Western lands lease (within the meaning of Schedule 3 to the Crown Land Management Act 2016) that authorised the use to which the land was put as at the date to which the valuation of the land relates, and (b) if the land is not freehold land and is held under a lease or other tenure under the Crown Land Management Act 2016, or any other Act, that the land is freehold land and that it is, as freehold land, subject to such restrictions on the use and disposition of the land as are applicable to the land by reason of its being the subject of the lease or other tenure. (2) The restrictions referred to in subsection (1) are to be assumed to apply to land at the date to which the valuation of the land relates. 14D Protected archaeological areas, wildlife districts, wildlife refuges and game reserves (1) On receipt of a copy of an order or revocation made under section 65 of the National Parks and Wildlife Act 1974, or a proclamation made under section 67, 68 or 69 of that Act, the Valuer-General is to make a valuation of the land affected by the order, revocation or proclamation. (2) Despite any other provision of this Act, the Valuer-General must assume, in making a valuation for use by a rating or taxing authority of land, the whole or part of which comprises— (a) a protected archaeological area within the meaning of the National Parks and Wildlife Act 1974, that the land so comprised may be used only for the purposes of such a protected archaeological area as at the date to which the valuation relates, or (b) a wildlife district within the meaning of that Act, that the land so comprised may be used only for the purposes of such a wildlife district as at the date to which the valuation relates, or (c) a wildlife refuge within the meaning of that Act, that the land so comprised may be used only for the purposes of such a wildlife refuge as at the date to which the valuation relates, or (d) a game reserve within the meaning of that Act, that the land so comprised may be used only for the purposes of such a game reserve as at the date to which the valuation relates. 14E Community schemes, neighbourhood schemes and certain strata schemes (1) Land that is association property is not to be separately valued unless the Valuer-General has been informed by— (a) the local council, or (b) the Chief Commissioner of State Revenue, or (c) a prescribed person, that the land is used for commercial purposes. (2) In valuing— (a) a community development lot or a precinct development lot, or (b) a neighbourhood lot or strata parcel that is part of a community scheme (whether or not it is also part of a precinct scheme), the Valuer-General is to take into account any benefits and disadvantages applicable to the lot or parcel because of its special status as part of the community scheme and, except in the case of a community development lot, as part of a subsidiary scheme or schemes. (3) In valuing a neighbourhood lot that is not part of a community scheme the Valuer-General is to take into account any benefits and disadvantages applicable to the lot as part of the neighbourhood scheme. (4) In valuing a lot— (a) in a scheme referred to in subsection (2), the Valuer-General is to take into account the value to the proprietor of the lot of the interest attributable to the lot in community property, precinct property or neighbourhood property that is not used for commercial purposes, (b) in a neighbourhood scheme referred to in subsection (3), the Valuer-General is to take into account the value to the proprietor of the lot of the interest attributable to the lot in neighbourhood property that is not used for commercial purposes. (5) Expressions used in this section have the same meanings as they have in the Community Land Development Act 2021. 14F Valuation of mines and minerals (1) If a mine is situated partly in one area and partly in another, the mine is to be valued as a whole, and the land value, improved value and assessed annual value are to be apportioned between the areas as the Valuer-General may direct. (2) If any part of a mine is under the sea or under the tidal waters of an estuary or harbour, the part is to be valued with and as part of the mine, even though the overlying land and water are not within the boundaries of any area. (3) If any part of a mine is separately occupied by a person for a purpose other than mining, the part is taken to be distinct from the mine, and is to be valued and rated accordingly. (4) To the extent to which the presence of coal in any land within a colliery holding (within the meaning of the Mining Act 1992) increases the land value of that land, the amount of the increase is to be separately recorded in the Register of Land Values in relation to that land. (5) Objection may be made under Part 3 against any apportionment referred to in subsection (1) or the amount of any increase referred to in subsection (4). 14G Valuation subject to heritage restrictions under EPI (1) Land that is heritage restricted on the date by reference to which its land value is to be determined is to have its land value determined on the basis of the following assumptions— (a) that the land may be used only for the purpose, if any, for which it was used when the value is determined, (b) that all improvements on that land when the value is determined may be continued and maintained in order that the use of that land as referred to in paragraph (a) may be continued, (b1) that all improvements referred to in paragraph (b) on that land are new (without any deduction being made because of their actual condition), (c) that no improvements, other than those referred to in paragraph (b), may be made to or on that land, (d) that the cost of construction of improvements on that land has no effect on its land value, with the result that there is to be no reduction in land value because of any difference between the cost of construction of the improvements referred to in paragraph (b) as new improvements and the cost of construction of other improvements used as a basis for comparison in the determination of land value. (1A) When the land value of heritage restricted land is determined on the basis of the assumptions required by this section, there is to be no deduction from or other adjustment of that land value on account of the effect on land value of any factor concerned with the land being heritage restricted land (other than the effect of those assumptions). (2) Land is heritage restricted as at a particular date if the Valuer-General has determined that it would be reasonable to make the assumptions referred to in subsection (1) in respect of the land as at that date because of any provision of a planning instrument concerned with the heritage significance or heritage value of the land or any building, work or other thing on or in the land. (3) The Valuer-General may, and on the application of the owner of land must, make a determination as to whether a particular parcel of land is heritage restricted. (4) An application under subsection (3) is to be in the form required by the Valuer-General and accompanied by such supporting information as the Valuer-General may request. (5) The Valuer-General is not to determine that land is heritage restricted as at a particular date if the land is the subject of a listing on the State Heritage Register under the Heritage Act 1977 as at that date. Note— Division 6 of Part 6 of the Heritage Act 1977 deals with heritage valuations. In certain circumstances the Valuer-General is required to make a heritage valuation of land that is listed on the State Heritage Register under that Act. 14H Valuing rent-controlled land (1) Land that is rent-protected is to have its land value determined taking into account any restriction imposed by the Landlord and Tenant (Amendment) Act 1948 on the rent at which any premises or part of premises on the land may be let. (2) Land is rent-protected if the Valuer-General has determined that a fair rent is applicable to any premises or part of premises on the land under the Landlord and Tenant (Amendment) Act 1948. (3) The Valuer-General may, and on the application of the owner of land must, make a determination as to whether a particular parcel of land is rent-protected. (4) An application under subsection (3) is to be in the form required by the Valuer-General and accompanied by such supporting information as the Valuer-General may request. 14I Valuing Crown lease restricted land (1) Land that is Crown lease restricted is to have its land value determined taking into account the restrictions on the disposition or manner of use that apply to the land by reason of its being the subject of the lease concerned. (2) Land is Crown lease restricted if it is subject to any of the following— (a) a holding or enclosure permit within the meaning of the Crown Land Management Act 2016, (b) a continued permissive occupancy within the meaning of Schedule 1 to the Crown Land Management Act 2016, (c) a lease under the Forestry Act 2012, (d) in the case of lands of the Crown, a lease of a class or description prescribed by the regulations. 14J Deduction of allowances (1) In determining the land value of land, there is to be deducted the amount of any allowance or allowances ascertained under Divisions 3 (Allowances for profitable expenditure) and 4 (Allowances for subdivision). (2) If more than one provision of this Division is applicable to the determination of land value in a particular case, the applicable provisions apply cumulatively. 14K Assumption as to physical condition and manner of use of land (1) For the purpose of valuing any land, it is to be assumed— (a) that the physical condition of the land, and of any other land, and (b) that the manner in which the land, and any other land, may be used, were the same on 1 July of the valuing year in respect of which the land is being valued as they were on the date on which the valuation is made. (2) For the purpose of ascertaining any allowance or apportionment factor for any land, it is to be assumed— (a) that the physical condition of the land, and of any other land, and (b) that the manner in which the land, and any other land, may be used, were the same on 1 July of the valuing year in respect of which the allowance or apportionment factor is being ascertained as they were on the date on which the land became eligible to have an allowance or apportionment factor ascertained for it. Division 3 Allowances for profitable expenditure 14L Expenditure for which allowance is to be made (1) For the purpose of ascertaining the land value of any land, the Valuer-General is to ascertain a reasonable allowance for profitable expenditure by the owner, occupier or lessee in respect of— (a) any effective land improvements on or appertaining to the land, and (b) any visible and effective improvements which, although not on the land, have been constructed— (i) for the purpose of supplying water to the land, or (ii) for the purpose of draining the land, protecting the land from inundation or making some other provision for the more beneficial use of the land. (2) In the case of a stratum, the Valuer-General is also to ascertain a reasonable allowance for profitable expenditure by the owner or occupier on any visible and effective improvements which, although not in the stratum, have been constructed exclusively for the benefit of the stratum. (3) An allowance for profitable expenditure is to be calculated on the assumption that— (a) the allowance is being calculated at the date by reference to which the land value is being determined, and (b) any improvements that have been taken into account for the purpose of ascertaining the land value of the land were in existence at the date referred to in paragraph (a). (4) An allowance for profitable expenditure is to be entered in the Register of Land Values in respect of any land value to which it relates. 14M Exclusion of allowances in certain circumstances (1) For the purposes of the Land Tax Management Act 1956, the land value of a parcel of land is taken not to include an allowance for profitable expenditure in respect of any land tax year— (a) if the owner of the land was not the owner of the land when the profitable expenditure was incurred, or (b) if the profitable expenditure was incurred by an occupier or lessee of the land, and the occupancy or lease has been transferred or surrendered or has expired since that expenditure was incurred, or (c) in the case of land zoned or otherwise designated for use for any purpose (other than rural or non-urban purposes) under a planning instrument, if any building or structure has been erected or any works have been carried out on the land, or (d) if the profitable expenditure was incurred more than 15 years before the date by reference to which the land value is being determined, or (e) if, as at 31 December before the beginning of that year, the parcel of land was no longer owned by the person by whom the profitable expenditure was incurred, and land tax under that Act is to be assessed and levied accordingly. (2) For the purposes of the Local Government Act 1993, the land value of a parcel of land is taken not to include an allowance for profitable expenditure in respect of any rating year— (a) if the owner of the land was not the owner of the land when the profitable expenditure was incurred, or (b) if the profitable expenditure was incurred by an occupier or lessee of the land, and the occupancy or lease has been transferred or surrendered or has expired since that expenditure was incurred, or (c) in the case of land zoned or otherwise designated for use for any purpose (other than rural or non-urban purposes) under a planning instrument, if any building or structure has been erected or any works have been carried out on the land, or (d) if the profitable expenditure was incurred more than 15 years before the date by reference to which the land value is being determined, or (e) if, as at 30 June before the beginning of that year, the parcel of land was no longer owned by the person by whom the profitable expenditure was incurred, and rates and charges under that Act are to be assessed and levied accordingly. 14N Allowance not to exceed cost of improvements The amount of an allowance for profitable expenditure is not to exceed the cost of the improvements determined as at the date by reference to which the land value is being determined. 14O No allowance for expenditure by the Crown If land has been leased by the Crown or a statutory body, no allowance is to be ascertained under this Division for expenditure incurred by the Crown or body, except to the extent to which the Crown or body has been reimbursed in respect of the expenditure by the lessee (otherwise than by payment of rent, rates or taxes). 14P Time at which allowance is to be calculated An allowance for profitable expenditure is to be ascertained in relation to a rating or taxing authority— (a) as at the 1 July by reference to which the land was valued for the purposes of the valuation list for that authority current at the time the land became eligible for the allowance, and (b) as at the 1 July by reference to which the land has been valued for the purposes of any subsequent valuation list for that authority. 14Q Apportionment of joint expenditure (1) This section applies to the calculation of allowances for profitable expenditure for improvements constructed on or for the benefit of a number of parcels of land, where the profitable expenditure has (by agreement or otherwise) been apportioned between the various owners of the land. (2) The proportion of the total profitable expenditure on any such improvements to be allowed in relation to any one parcel of land is to be the same as the proportion of the total cost of those improvements that are paid or payable by the owner of that parcel. 14R Allowance can be objected against (1) An objection under Part 3 may be made against a decision of the Valuer-General— (a) to ascertain an allowance for profitable expenditure in respect of any land, or (b) not to ascertain an allowance for profitable expenditure in respect of any land, or (c) as to the amount of an allowance for profitable expenditure in respect of any land, in the same way as an objection may be made under that Part against a decision of the Valuer-General as to the valuation of any land. (2) An objection referred to in subsection (1) may be made on any ground that is relevant to the decision concerned. Division 4 Allowances for subdivision 14S Definition of "subdivider" In this Division, subdivider, in relation to a lot in a deposited plan, means— (a) the person who, either alone or with any other person, owned the whole of the land comprising the lots in the plan immediately before registration of the plan, or (b) if, immediately before registration of the plan, the land referred to in paragraph (a) comprised two or more parcels, any person who, either alone or with any other person, owned the whole of the land comprising any one or more of those parcels. 14T Lots which qualify for subdivision allowance (1) A lot in a deposited plan qualifies for an allowance for subdivision if, as at the date by reference to which the allowance is ascertained, the lot is owned by the subdivider. (2) If a lot qualifies for an allowance for subdivision, the Valuer-General is to ascertain the allowance in respect of that lot in accordance with this Division. (3) An allowance for subdivision (including a nil allowance) is to be entered in the Register of Land Values in respect of any land value to which it relates. 14U How subdivision allowance is ascertained (1) The amount of the allowance for subdivision in respect of a lot in a deposited plan is the proportionate amount of the discount from sale price of all lots in that plan that in the opinion of the Valuer-General would be applicable to the lot. (2) The discount from sale price, in relation to lots in a deposited plan, means the amount (if any) that in the opinion of the Valuer-General is the difference between— (a) the total of the land values of the lots had they been sold separately, and (b) the total of the land values of the lots had they been sold to one person. (3) An allowance for subdivision is to be ascertained in relation to a rating or taxing authority— (a) as at the 1 July by reference to which the land was valued for the purposes of the valuation list for that authority current at the time the land became eligible for the allowance, and (b) as at the 1 July by reference to which the land has been valued for the purposes of any subsequent valuation list for that authority. 14V Exclusion of subdivision allowances in certain circumstances (1) For the purposes of the Land Tax Management Act 1956, the land value of a parcel of land is taken not to include an allowance for subdivision in respect of any land tax year— (a) if any building has been erected on the land, or any works have been carried out on the land, since the deposited plan was registered, or (b) if, as at 31 December before the beginning of that year, more than 3 years have passed since the deposited plan was registered, or (c) if, as at 31 December before the beginning of that year, the parcel of land was no longer owned by the subdivider, and land tax under that Act is to be assessed and levied accordingly. (2) For the purposes of the Local Government Act 1993, the land value of a parcel of land is taken not to include an allowance for subdivision in respect of any rating year— (a) if any building has been erected on the land, or any works have been carried out on the land, since the deposited plan was registered, or (b) if, as at 30 June before the beginning of that year, more than 3 years have passed since the deposited plan was registered, or (c) if, as at 30 June before the beginning of that year, the parcel of land was no longer owned by the subdivider, and rates and charges under that Act are to be assessed and levied accordingly. 14W Allowance can be objected against (1) An objection under Part 3 may be made against a decision of the Valuer-General— (a) to ascertain an allowance for subdivision in respect of any land, or (b) not to ascertain an allowance for subdivision in respect of any land, or (c) as to the amount of an allowance for subdivision in respect of any land, in the same way as an objection may be made under that Part against a decision of the Valuer-General as to the valuation of any land. (2) An objection referred to in subsection (1) may be made on any ground that is relevant to the decision concerned. Division 5 Apportionment factors for mixed development land 14X Owner may apply for apportionment factor for mixed development land (1) The Valuer-General may ascertain an apportionment factor for the land value of mixed development land, either on his or her own initiative or on the application of the owner of the land or of a rating or taxing authority. (2) An apportionment factor ascertained by the Valuer-General under this Division is to be entered by the Valuer-General in the Register of Land Values in respect of the land value to which it relates. 14Y How apportionment factor is determined (1) The apportionment factor is the proportion (expressed as a percentage) that the rental value of the part of that land that is non-residential land bears to the rental value of the mixed development land as a whole. (2) Rental values are to be ascertained in relation to a rating or taxing authority— (a) as at the 1 July by reference to which the land was valued for the purposes of the valuation list for that authority current at the time the land became mixed development land, and (b) as at the 1 July by reference to which the land has been valued for the purposes of any subsequent valuation list for that authority. 14Z Apportionment factors can be objected against (1) An objection under Part 3 may be made against a decision of the Valuer-General— (a) to ascertain an apportionment factor in respect of any land, or (b) not to ascertain an apportionment factor in respect of any land, or (c) as to the amount of an apportionment factor in respect of any land, in the same way as an objection may be made under that Part against a decision of the Valuer-General as to the valuation of any land. (2) An objection referred to in subsection (1) may be made on any ground that is relevant to the decision concerned. 14AA Apportionment factor to be reascertained in certain cases If the land value of land in respect of which an apportionment factor has been ascertained is altered (whether as the result of being reascertained or on objection or appeal or for the correction of a clerical error or misdescription), the Valuer-General must reascertain an apportionment factor for that land value. 14BB Definitions (1) For the purposes of this Division— mixed development land means a parcel of land occupied or used solely as the site of one or more buildings comprising— (a) one, or more than one, flat, and (b) one, or more than one, office. non-residential land means— (a) a parcel of land that is not residential land or mixed development land, or (b) a strata lot that is not residential land, or (c) a parcel of land occupied or used (whether wholly or partly) as the site of an inn, or (d) a stratum separately valued under this Act that is not a stratum referred to in paragraph (g) of the definition of residential land. residential land means— (a) a parcel of land occupied or used solely as the site of one single dwelling, or (b) a parcel of land (not exceeding 2.428 hectares in area) occupied or used solely as the site of one single dwelling and for primary production, or (c) a parcel of land occupied or used solely as the site of one building comprising two or more flats, or (d) a parcel of land occupied or used solely as the site of a boarding house or lodging house, or (e) a strata lot occupied or used, or if not occupied or used so constructed, designed or adapted as to be capable of being occupied or used, as a separate dwelling, or (f) a strata lot designed and intended for use in conjunction with a strata lot referred to in paragraph (e) for the purpose of accommodating one, or more than one, motor vehicle, or (g) a stratum separately valued under this Act that is occupied or used, or if not occupied or used so constructed, designed or adapted as to be capable of being occupied or used, as a separate dwelling, but does not include a parcel of land occupied or used solely as the site of a hotel, motel, guest-house, backpacker hostel, nursing home or other form of residential accommodation prescribed under section 516 (1) (a) of the Local Government Act 1993. (2) A parcel of land occupied or used as the site of one or more buildings comprising one, or more than one, office is not mixed development land by reason only that it comprises (in addition) one, or more than one, flat, if the flat is, or the flats are, intended for use for the purpose of accommodating a person or persons responsible for the security or maintenance of the building or buildings. (3) For the purposes of the definition of mixed development land in subsection (1), a parcel of land does not cease to be occupied or used solely as the site of one or more buildings comprising one, or more than one, flat and one, or more than one, office. (4) For the purposes of the definition of residential land in subsection (1), a parcel of land does not cease to be occupied or used solely as the site of one single dwelling, one or more buildings comprising two or more flats, a boarding house or a lodging house by reason of there being on the parcel of land any building or improvement that is occupied or used for a purpose ancillary to the single dwelling, building or buildings, boarding house or lodging house, as the case may be. (5) For the purposes of paragraph (b) of the definition of residential land in subsection (1), land is used for primary production if it is used primarily for— (a) the cultivation of the land for the purpose of selling the produce of the cultivation, or (b) the maintenance of animals or poultry on the land for the purpose of selling them or their natural increase or bodily produce, or (c) the keeping of bees on the land for the purpose of selling their honey. (6) The reference in this section to a parcel of land is a reference to a parcel of land required to be separately valued, or to land included in one valuation, pursuant to this Act. (7) In this section— flat means a room or a suite of rooms— (a) occupied or used as a separate dwelling, or (b) so constructed, designed or adapted as to be capable of being occupied or used as a separate dwelling, but does not include a strata lot or a dwelling, or a portion of a building, under company title that is rated in accordance with section 547 of the Local Government Act 1993. inn means a common inn. office means a room or a suite of rooms— (a) separately occupied or used for a commercial, industrial or professional purpose, or (b) so constructed, designed or adapted as to be capable of being separately occupied or used for a commercial, industrial or professional purpose, but does not include a dwelling, or a portion of a building, under company title that is rated in accordance with section 547 of the Local Government Act 1993. single dwelling means a house— (a) occupied or used as a separate dwelling, or (b) so constructed, designed or adapted as to be capable of being occupied or used as a separate dwelling, but does not include a lot in a strata plan or a property commonly known as a shop and dwelling. strata lot means a lot within the meaning of the Strata Schemes Development Act 2015. Division 5A Apportionment factors for mixed use land 14BBA Owner may apply for apportionment factor for mixed use land (1) The Valuer-General may ascertain an apportionment factor for the land value of mixed use land, either on his or her own initiative or on the application of the owner of the land or of a rating or taxing authority. (2) An apportionment factor ascertained by the Valuer-General under this Division is to be entered by the Valuer-General in the Register of Land Values in respect of the land value to which it relates. 14BBB How apportionment factor is determined (1) The apportionment factor is the proportion (expressed as a percentage) that the rental value of the part of that land that is occupied or used for non-residential purposes bears to the rental value of the mixed use land as a whole. (2) Rental values are to be ascertained in relation to a rating or taxing authority— (a) as at the 1 July by reference to which the land was valued for the purposes of the valuation list for that authority current at the time the land became mixed use land, and (b) as at the 1 July by reference to which the land has been valued for the purposes of any subsequent valuation list for that authority. 14BBC Apportionment factors can be objected against (1) An objection under Part 3 may be made against a decision of the Valuer-General— (a) to ascertain an apportionment factor in respect of any land, or (b) not to ascertain an apportionment factor in respect of any land, or (c) as to the amount of an apportionment factor in respect of any land, in the same way as an objection may be made under that Part against a decision of the Valuer-General as to the valuation of any land. (2) An objection referred to in subsection (1) may be made on any ground that is relevant to the decision concerned. 14BBD Apportionment factor to be reascertained in certain cases If the land value of land in respect of which an apportionment factor has been ascertained is altered (whether as the result of being reascertained or on objection or appeal or for the correction of a clerical error or misdescription), the Valuer-General must reascertain an apportionment factor for that land value. 14BBE Definitions (1) For the purposes of this Division, mixed use land means a parcel of land (other than mixed development land within the meaning of Division 5) that— (a) is the site of a residence occupied or used for residential purposes, and (b) is also used for non-residential purposes. (2) A residence is one or more buildings comprising— (a) one, or more than one, flat, or (b) one single dwelling. (3) For the purpose of this Division, land is occupied or used for a non-residential purpose if it is occupied or used for any purpose that is not ancillary to the use and occupation of the residence for residential purposes, such as a commercial, industrial or professional purpose. (4) Land occupied or used for non-residential purposes is not mixed use land by reason only that it is the site of a residence intended for use for the purpose of accommodating a person or persons responsible for the security or maintenance of the building or buildings. (5) The reference in this section to a parcel of land is a reference to a parcel of land required to be separately valued, or to land included in one valuation, pursuant to this Act. (6) For the purpose of applying this section in respect of land on which there is one single dwelling, the land does not cease to be regarded as land on which there is one single dwelling merely because of the use or occupation of any building on the land, or any part of a building, for the purpose of another residential occupancy, if the use of the land for the purpose of that other residential occupancy could be disregarded as an excluded residential occupancy under Schedule 1A to the Land Tax Management Act 1956 if the principal place of residence exemption were to apply in respect of the land (whether or not the principal place of residence exemption in fact applies in respect of the land). (7) In this section— flat means a room or a suite of rooms— (a) occupied or used as a separate dwelling, or (b) so constructed, designed or adapted as to be capable of being occupied or used as a separate dwelling, but does not include a single dwelling, a strata lot or a dwelling, or a portion of a building, under company title that is rated in accordance with section 547 of the Local Government Act 1993. single dwelling means a house— (a) occupied or used as a separate dwe