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3 (Repealed)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.