Land Valuation Amendment Bill 2023
Plain English Summary
Overview
This bill modernises Queensland's land valuation framework, which determines how property is valued for land tax, council rates, and state land rent. It gives the valuer-general new powers to make binding guidelines on valuation practices, streamlines the objection process by removing arbitrary monetary thresholds, and gives farmers more control over how their non-adjoining lots are valued.
Who it affects
Property owners who object to their land valuations, farmers with non-adjoining lots, landowners applying for site improvement deductions, local governments, and registered valuers all face changed processes.
Key changes
- The valuer-general can now make binding guidelines on valuation practices for complex property types like shopping centres, volumetric lots, and heritage-restricted land
- The $5 million threshold for mandatory objection conferences is removed — conferences will now be offered based on complexity, meaning owners of lower-value properties can also access them
- All objectors must now state the valuation they are seeking, regardless of property value (previously only required for valuations over $750,000)
- Farmers with non-adjoining lots can choose whether to combine them for valuation purposes, rather than the valuer-general deciding automatically
- Site improvement deduction applications are separated from the objection process and must be lodged with upfront evidence, with new review rights through QCAT
- Valuation notices can now be sent via SMS in addition to email and post
Bill Journey
▸Committee23 Aug 2023View Hansard
Referred to Transport and Resources Committee
The Transport and Resources Committee examined the Land Valuation Amendment Bill 2023, receiving 54 submissions and holding public hearings with key stakeholders including AgForce, the Queensland Law Society, and the Property Council of Australia. The committee recommended the bill be passed but made seven additional recommendations addressing concerns about statutory valuation guidelines, consultation requirements, human rights compatibility of disclosure provisions, and the proposed shift of site improvement decisions from the Land Court to QCAT. The government supported or noted all recommendations and proposed amendments during consideration in detail to address stakeholder concerns.
Key findings (5)
- Stakeholders raised significant concerns that proposed statutory valuation guidelines could fetter the discretion of the Land Court of Queensland and limit landholders' objection and appeal rights.
- The removal of 'agreement for lease' from the definition of unencumbered land was opposed by most submitters, who argued it would increase rates, land tax, and land rent for affected properties.
- The committee identified potential human rights issues with disclosure requirements imposed on agents and representatives during objection conferences, which may breach privacy rights under the Human Rights Act 2019.
- The proposed transfer of site improvement deduction decisions from the Land Court to QCAT was opposed by stakeholders who argued it would shift complex matters from one tribunal to another without achieving the intended simplification.
- AgForce supported the new applicant-led process for combining non-adjoining farming lots into one valuation, viewing it as giving rural landowners greater autonomy over how their land is valued.
Recommendations (8)
- The committee recommends that the Land Valuation Amendment Bill 2023 be passed.
- The committee recommends the Minister reconsiders Clause 5 of the Bill to ensure that statutory guidelines bind only the Valuer-General and do not limit objection or appeal rights of landholders or fetter the discretion of the Land Court of Queensland.
- The committee recommends the Minister reconsiders Clause 6A(3) to ensure the Valuer-General must consult with, and have regard to the views of, any person the Minister considers appropriate before making a statutory guideline.
- The committee recommends the Minister should encourage the department to undertake sufficient, substantive consultation when implementing this Bill, including communicating the rationale for the change proposed in Clause 27.
- The committee recommends the Minister should consider amending the Statement of Compatibility to address any potential breach of human rights of agents and representatives by clauses 44, 47, and 51 regarding disclosure requirements.
- The committee recommends the Minister should consider amending the Statement of Compatibility to address any potential breach of human rights of parties by clauses 44 and 47 regarding the chairperson's power to decide not to hold or to end an objection conference.
- The committee recommends the Minister reconsiders Clause 49 to provide that the chairperson's written report must be kept confidential and that consideration be given to making the report without prejudice.
- The committee recommends the Minister reconsiders Clause 57 to provide that applicants facing external review by QCAT are entitled to legal representation as a right.
Committee report tabled
Assent date: 26 April 2024
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Sectors Affected
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