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Land Valuation Bill 2010
Land Valuation Bill 2010
Explanatory Notes for Amendments to be
moved During Consideration in Detail by the
Minister for Natural Resources, Mines and
Energy and Minister for Trade, the Honourable
Stephen Robertson MP
Title of the Bill
Land Valuation Bill 2010.
Objectives of the Amendments
The objectives of the amendments are to ensure the desired policy
objectives can be achieved in full and as intended, correct certain incorrect
cross references and make minor typographical corrections.
Achievement of Objectives
The objectives are achieved by making minor and technical amendments to
the Land Valuation Bill 2010 (the Bill) as outlined below.
Alternatives Ways of Achieving the Policy Objectives
There are no viable alternatives that would achieve the Governments policy
objectives.
Estimated for Government for Implementation
There will no additional administrative cost to the Government for
implementing the amendments to the Bill.
Consistency with Fundamental Legislative Principles
The amendments to the Bill do not infringe fundamental legislative
principles.
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Land Valuation Bill 2010
Consultation
The Shopping Centre of Council raised concerns with clause 158(2)(b),
whilst noting that a Court would interpret the intent of the clause, the
amendment would clarify the meaning of the clause without any
requirement to interpret.
Consistent with the minor and technical nature of the amendments, there
has been no community consultation on the other amendments. Limited
consultation with relevant Government stakeholders has occurred.
Notes on Provisions
Amendment 1 amends the definition of `Queensland planning provisions'
in clause 10(5) (Zoned rural land) to correct an incorrect reference to a
section in the Sustainable Planning Act 2009 (the Planning Act). The
section in the Planning Act that contains the planning scheme provisions
referred to in the definition is section 54 not section 53.
Amendment 2 amends subclause 158(2)(b) to clarify the intention of clause
158(2) which is that the Land Court can only hear an appeal if the notice of
appeal was filed less than 1 year after the objection decision notice was
issued and the appellant satisfies the court that there was a reasonable
excuse for not filing the notice within the appeal period. The amendment
rectifies two minor issues:
1. the word `not' has been included; and
2. the subclause refers to `the period', a term that is not defined.
The amendment makes it clear that the period referred to is the
`appeal' period.
Amendment 3 amends subclause 207(1) (General functions and powers) to
add `and' at the end of paragraphs (a). The amendment, together with
amendments 4 and 5, clarify that the valuer-general has all of the functions
listed.
Amendment 4 amends subclause 207(1) (General functions and powers) to
add `and' at the end of paragraphs (b). The amendment, together with
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Land Valuation Bill 2010
amendments 3 and 5, clarify that the valuer-general has all of the functions
listed.
Amendment 5 amends subclause 207(1) (General functions and powers) to
add `and' at the end of paragraphs (c). The amendment, together with
amendments 3 and 4, clarify that the valuer-general has all of the functions
listed.
Amendment 6 amends the definition of `appropriately qualified' in
subclause 214(2) (Delegation). Under clause 214 the valuer-general may
delegate the valuer-general's functions to an appropriately qualified person
(which includes having the qualifications, experience or standing
appropriate to perform the functions or exercise the power). The
amendment removes the words `or exercise the power' because they are not
needed. The term `function' is defined in subclause 214(2) to include
`powers'.
Amendment 7 amends the heading to clause 246 (Requirement to fix
defective change of ownership notice) to read `requirement to fix defective
ownership change notice because `ownership change notice' is a term
defined in Schedule 2 (Dictionary).
Amendment 8 amends subclause 265(5) of the Bill (Regulation-making
power). The subclause currently provides that a regulation fixing a further
or other period for making or doing a matter may be made only because of
unusual circumstances or because a strict application of the fixed period
would lead to a harsh or unjust result. The amendment replaces reference
to `fixed period' with `required period' because the latter is a term defined
in clause 265(3) of the Bill.
Amendment 9 amends Schedule 1, part 2 (Consequential and minor
amendments - other amendments) to replace references in the following
sections of the Valuers Registration Act 1992 to the `chief executive' with
references to the `valuer-general':
· 10A (Investigations about eligibility for appointment) which enables
an investigation to be made about a person whose name has been
submitted for appointment as a member or assistant member of the
Valuers Registration Board of Queensland (the Board);
· 10B (Criminal history is confidential document), which provides that
an officer, employee or agent of the department must not directly or
indirectly, disclose to anyone else a report, or information contained in
a report given under section 10A unless disclosure is authorised by the
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chief executive. The section further requires the chief executive to
destroy the report as soon as practicable after considering the person's
eligibility for appointment; and
· 15 (Who may act as member in absence of chief executive's nominee)
which empowers the chief executive to authorise a valuer who is an
officer of the department to act as a member during an absence of the
chief executive's nominee.
The amendment to Valuers Registration Act 1992 already in the Schedule
provides that the board will contain a nominee, who is a valuer, of the
valuer-general (formerly a nominee of the chief executive) to reflect the
creation by this Bill of the position of valuer-general. It is appropriate that
the other functions above, that relate to the board also be transferred to the
valuer-general.
Amendment 10 amends Schedule 1, part 2 (Consequential and minor
amendments - other amendments) to replace reference in section 15 of the
Valuers Registration Act 1992 (Who may act as member in absence of chief
executive's nominee) to the `chief executive's' with references to the
`valuer-general's'. The amendment complements the amendment to
section 15 being made by amendment 9 above and is being made because it
is appropriate that the function, which relates to the board, also be
transferred to the valuer-general.
© State of Queensland 2010
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