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:
Author: Gerard Timbs
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.
Published by Gerard Timbs