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Land valuation objections in Queensland

14 April 2020

#Planning, Environment & Sustainability, #COVID-19

Gerard Timbs

Published by Gerard Timbs

Land valuation objections in Queensland

If, as a landowner, you do not agree with your recently received statutory land valuation, you can lodge an objection. In order for an objection to be considered, it must provide sufficient information to demonstrate that the valuation is incorrect. This would likely include valuation evidence based on comparable property sales. The objection must be lodged within 60 days of the date of issue of the valuation notice. For the 2020 annual valuations, this date is 5 May 2020.

Landowners wishing to submit an objection to their annual land valuation and are unable to do so by 5 May 2020 due to the COVID-19 pandemic and state that on the objection, can lodge a late objection up until 1 July 2020. Each objection lodged after 5 May 2020 will be assessed on a case by case basis and should include reasons for late lodgement.

The objection process

An objection must be properly made in accordance with the Land Valuation Act 2010 (Qld).

In order for it to be properly made, it needs to be in the approved form signed by the objector and be accompanied by the appropriate fee and contain grounds of objection. The Department of Natural Resources, Mines and Energy (DNRME) – State Valuation Service publishes useful landowners’ guides to statutory land valuation objections, including:

Once the objection is lodged

Once an objection is lodged, the DNRME determine whether it meets the requirements contained in the Land Valuation Act 2010 (Qld) for it to be considered properly made. If the requirements are not met, a correction notice is issued with details of the problems and provides for the opportunity to correct any issues and return the objection within 28 days. Once considered “properly made”, the Valuer-General appoints a valuer from within the DNRME to consider the grounds raised in the objection and the valuation amount sought. The valuer may request additional information by issuing an information notice. If the valuation amount is less than $5 million, an invitation to attend an objection conference may be issued. Where the valuation exceeds $5 million, a compulsory objection conference that is chaired by an independent chairperson is conducted.

Decision on objections

When a decision is made on the objection, it is notified in writing to the objector. If you do not agree with the objection decision, an appeal to the Land Court can be filed.

Land Court process for objections to valuations

Appeals against the Valuer-General’s objection decisions typically progress through the following steps:

  • a Notice of Appeal is lodged with the Land Court and served on the Valuer-General
  • the Land Court holds a directions hearing to make orders and set a timetable down for steps undertaken by the parties to progress the appeal
  • the parties make disclosure of documents relevant to the objection that are in their control or possession
  • the parties identify and nominate expert witnesses (typically valuers and town planners) they intend to rely on at the hearing of the appeal
  • the Land Court may direct the parties to participate in a Court Managed Expert Evidence Process (CMEE Process) whereby the parties attend a without prejudice meeting to manage the process of obtaining and giving expert evidence in the appeal. The CMEE Process can assist to identify the true issues in dispute in the appeal and to narrow the scope of the matters that will need to be considered by the expert witnesses
  • the expert witnesses participate in a joint expert meeting and prepare a joint expert report that identifies the areas of agreement and the disagreement between the experts in respect of the issues in dispute relevant to their area of expertise
  • a Court-supervised mediation is usually conducted after the experts have completed their joint expert reports
  • if the appeal is not resolved, the expert witnesses may then produce a further statement of evidence addressing the areas of disagreement coming from their joint expert report
  • the Land Court will review the appeal and determine whether the matter is ready to proceed to a hearing and will subsequently allocate hearing dates for the appeal
  • the Land Court will hear the appeal and make a determination.

Author: Gerard Timbs

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.

Gerard Timbs

Published by Gerard Timbs

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