Victorian Numbered Acts Victorian Numbered ActsAfter Part II of the Valuation of Land Act 1960 insert —
This Part applies to the valuation of non-rateable leviable land by a collection agency.
Subject to section 13G, a collection agency is the valuation authority in respect of—
(a) non-rateable leviable land in the municipal district in which it is Council; and
(b) non-rateable leviable land not located in a municipal district if the Minister administering the Fire Services Property Levy Act 2012 has directed that the Council be the collection agency in respect of that land.
(1) A collection agency may nominate the valuer-general to be the valuation authority—
(a) in respect of non-rateable leviable land located in the municipal district of the nominating collection agency in which it is the Council;
(b) in respect of non-rateable leviable land that is not located in a municipal district if the Minister administering the Fire Services Property Levy Act 2012 has directed that the Council be the collection agency in respect of that land.
(2) On the making of a nomination under subsection (1), the valuer-general has the power to cause a valuation of all non-rateable leviable land in the municipal district of the council which has made the nomination or in respect of non-rateable leviable land in respect of which the council has been directed to be the collection agency.
(3) A nomination under subsection (1) must be made—
(a) to the valuer-general in writing; and
(b) by 30 June of the even calendar year that immediately precedes the next even calendar year in which a general valuation is to be made.
(4) A nomination under subsection (1) continues in force until the nomination is revoked in accordance with subsection (5).
(5) A nomination under subsection (1) may be revoked by a council if the revocation is made—
(a) in the same manner as the nomination was made; and
(b) before 30 June of the even calendar year that immediately precedes the next even calendar year in which a valuation is to be made; and
(c) in respect of a general valuation that has not yet been caused to commence.
For the purposes of the Fire Services Property Levy Act 2012 , a valuation authority must—
(a) cause a general valuation of non-rateable leviable land to be made as at 1 January in every even calendar year; and
(b) before 30 June that year, cause a general valuation made in accordance with paragraph (a)—
(i) to be returned to it; and
(ii) if the valuation authority is the valuer-general—to be provided to the relevant collection agency.
(1) The Minister, after consultation with the valuer-general, may direct a valuation authority to cause a valuation of non-rateable leviable land to be made as at, and returned before, dates other than those specified in section 13H.
(2) The Minister may direct the valuer-general to cause a valuation of non-rateable leviable land to be made.
(1) A valuation authority, when making a valuation under this Act for the purposes of the Fire Services Property Levy Act 2012 , may appoint one or more people to carry out the valuation.
(2) A valuation authority must not appoint a person under subsection (1) unless the person holds the qualifications or experience specified from time to time by the Minister by notice published in the Government Gazette.
(3) If—
(a) a valuer who is qualified under subsection (2) and acceptable to a council, as valuation authority, is not reasonably available to the council; and
(b) the valuer-general reasonably believes it is necessary to do so—
the valuer-general, or a valuer nominated by the valuer-general, may carry out valuations for the council for a fee.
(1) In every valuation for the purposes of the Fire Services Property Levy Act 2012 , each separate occupancy on non-rateable leviable land must—
(a) be computed at its net annual value, its capital improved value and, if required, its site value; and
(b) be allocated an AVPCC based on the Valuation Best Practice Specifications Guidelines.
(2) In a general valuation, regard must be had to every circumstance affecting the land at the date the valuation is returned that, were it to occur or come into existence subsequently, would be a circumstance in which, under section 13L(2), a supplementary valuation could be made.
(1) Despite anything in this or any other Act, a person referred to in section 13J may carry out a supplementary valuation for the purposes of the Fire Services Property Levy Act 2012 .
(2) A supplementary valuation may be made in any of the following circumstances—
(a) if any land which should be included in the valuation then in force is not included;
(b) if the value of the land is materially altered by the approval of a planning scheme under the Planning and Environment Act 1987 or an amendment to a planning scheme under that Act, or by the granting, refusal or cancellation of a permit under such a scheme;
(c) if by reason of the sale of lots, any land in respect of which two or more persons are liable to pay the fire services property levy has been valued together as non-rateable leviable land;
(d) if by reason of the purchase of non-rateable leviable land or any other cause, any land in respect of which only one person is liable to pay the fire services property levy has been valued as if more than one person was liable to pay the fire services property levy;
(e) if any land has become non-rateable leviable land since the return of the existing valuation;
(f) if by reason of—
(i) any building on the land being included in the Heritage Register established under the Heritage Act 1995 ; or
(ii) any building ceasing to be included in the Heritage Register established under that Act; or
(iii) the issue of a permit under the Heritage Act 1995 to remove, demolish or alter a building included in the Heritage Register established under that Act or to subdivide or develop any land—
the capital improved value, net annual value or site value of that land has been materially decreased or materially increased;
(g) if by reason of the destruction or removal of buildings or other improvements on land by reason of any physical changes of a permanent nature to land or improvements or by the making of roads or any other work of man or by adverse natural causes, the capital improved value, net annual value or site value of that land has been materially decreased;
(h) if any land or part of any land is burdened by a covenant under section 3A(1) of the Victorian Conservation Trust Act 1972 or, if upon variation or release of such a covenant, the capital improved value, net annual value or site value of that land has been materially decreased or materially increased;
(i) if by reason of the erection or construction of buildings or other improvements on land or by reason of any physical changes of a permanent nature to land or improvements or by the making of roads or any other work of man or by favourable natural causes, the capital improved value, net annual value or site value of that land has been materially increased;
(j) if there has been a change in occupancy which affects the net annual value of the land;
(k) if by reason of the sale, transfer or conveyance of any land or the transfer, surrender or expiration of a lease of any land there are on the land any of the improvements described in paragraph (b) of the definition of improvements in section 2(1) which were not made by the person who is the owner or occupier of the land;
(l) if there has been an error made in the AVPCC allocation given to the land, discovery of which has given rise to a change in the land use classification of the land;
(m) if for any reason other than a reason referred to in any of paragraphs (a) to (l), the capital improved value—
(i) of any land specified by Order of the Governor in Council published in the Government Gazette; or
(ii) of the land in any area specified by Order of the Governor in Council published in the Government Gazette—
is or is likely to have been materially altered as a consequence of any Act, proclamation, Order in Council, regulation, by-law or local law;
(n) if any arithmetical error has been made in calculating any valuation upon which any fire services property levy is payable or if by reason of any error in describing the land or any matter relating to the land or any improvements to it, an incorrect valuation has resulted.
(3) Any supplementary valuation when returned and certified by the valuer-general under section 13M must be treated as a part of the valuation in force and has the effect of cancelling anything contained in the existing valuation which is not consistent with the supplementary valuation.
(4) Despite subsection (3), for the purposes of the Fire Services Property Levy Act 2012 , the collection agency that caused the supplementary valuation to be made may use the supplementary valuation before it is certified by the valuer-general.
(5) If a supplementary valuation has been made in any of the circumstances referred to in subsection (2) other than paragraph (e), the amount of any fire services property levy payable in relation to that land must be calculated—
(a) for any period until the day of that return—by reference to the existing valuation; and
(b) from the day after that return for the remainder of the period—upon the supplementary valuation.
(6) If a supplementary valuation has been made in any of the circumstances referred to in subsection (2)(n), the collection agency may adjust the fire services property levy payable retrospectively for any period it considers just.
(7) The valuer in making a supplementary valuation must—
(a) have regard to the general levels of value upon which the valuation in force was based; and
(b) assess the value that the land to which the supplementary valuation applies would have had if at the time at which the last valuation was made it had been in the condition in which it is at the time of the making of the supplementary valuation, having regard to every circumstance which affects the value of the land at the time of the making of the supplementary valuation, if it is a circumstance requiring the making of a supplementary valuation of the land under subsection (2).
(8) A person who is qualified or authorised to make a supplementary valuation may delete from a valuation return any entry for land if the whole of the land has ceased to be leviable land.
(9) The valuer must make entries on the return showing every alteration made on supplementary valuations or on an adjustment or determination of VCAT or the Supreme Court under Part III for as long as the valuation remains in force.
(1) Within one month after returning a supplementary valuation to the collection agency, the valuer must submit a report of the valuation in the prescribed form to the valuer-general.
(2) If, after considering the report by the valuer, the valuer-general is satisfied that the supplementary valuation is correct, the valuer-general must so certify in writing to the collection agency.
(3) If, after considering the report by the valuer, the valuer-general is not satisfied that the supplementary valuation is correct, the valuer-general must inform the valuer, who must make a further supplementary valuation in accordance with section 13L.
(4) The valuer-general may at any time require the valuer to give further information concerning the supplementary valuation to the valuer-general.
(5) If, within 2 months after receiving a report on a supplementary valuation, the valuer-general has not certified the valuation or informed the valuer under subsection (3), the valuer-general is deemed to have certified the valuation at the end of that period.
(6) In calculating the period referred to in subsection (5), any time between the time when the valuer-general requires the valuer to give him or her further information under subsection (4) and the time when that requirement is complied with is not to be counted.
(1) If the valuer-general is the valuation authority, the valuer-general must cause a supplementary valuation under section 13L to be made if so requested by the collection agency.
(2) A request by a collection agency under subsection (1) must be made to the valuer-general in writing.
(1) A valuer must return valuations in the prescribed form.
(2) Before any valuation and return is made the person appointed to make it must make a statutory declaration that the valuation and return will be impartial and true to the best of that person's judgment and will be made by that person or under that person's immediate personal supervision.
(1) On written application by a person to the relevant collection agency, the collection agency must provide the person with a copy of the most recent valuation of any non- rateable leviable land.
(2) The copy must specify the date as at which the value was assessed.
(3) Each application must be accompanied by the prescribed fee for each area of land for which a valuation is required.
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