Valuation of Land Act 2001

In this Act, unless the contrary intention appears –

adjustment factor means an adjustment factor determined by the Valuer-General under Part 9A;

Agency has the same meaning as in the State Service Act 2000;

approved form means a form approved by the Valuer-General for the purposes of this Act;

arbitrator means an arbitrator appointed under section 31;

assessed annual value, in respect of land, means the gross annual income, excepting any amount to be applied for goods and services tax and reimbursement of council rates and land tax applicable to the land, which at the time of valuation a person owning the land and its appurtenances in fee simple free from encumbrances and able freely to dispose of it might reasonably expect to obtain by letting it to a tenant without fine on reasonable terms and conditions;

building of a prescribed class means – a dwelling house; or a building that is used, or designed for use, as a professional chambers or for the carrying on of any trade, business or manufacture; or a hotel, public house or theatre;

business day means a day on which the office of the Valuer-General is open for business;

capital value, in respect of land, means the capital sum which the land, if it were held for an estate in fee simple free from encumbrances by an owner who is at liberty to dispose of it as and when he or she desires, might be expected to realise if offered for sale on such reasonable terms and conditions as a bona fide seller would require;

certified copy, in respect of an entry on a valuation roll, means a copy of that entry that – is certified by the Valuer-General or an officer acting on the Valuer-General's behalf to be a copy of the public record; or in the case of a copy created by a facsimile or electronic transmission process, has recorded on it by that process an indication that the transmission creating the copy was initiated by the Valuer-General and a record of the time and date of the transmission;

commencement day means the day fixed under section 2(2);

Committee means the tender committee appointed under section 9;

contravene includes fail to comply with;

council means a council established under section 18 of the Local Government Act 1993;

court means the Land Valuation Court as continued by section 34(1);

demolish includes unroof, remove doors and windows, partly demolish and otherwise make unusable;

dwelling house includes a boarding house and a lodging house;

foundations, used in respect of plant, machines, tools or other appliances, means the foundations or other like structures on which the plant, machines, tools or appliances are erected if the sole purpose of the foundations or structures is to support the plant, machines, tools or appliances;

fresh valuation means a fresh valuation made under section 20;

function includes duty;

improvements, in respect of the assessment of land value, means all work done or material used on the land by the expenditure of capital on or for the benefit of the land, but only so far as – the effect of the work done or material used is to increase the value of the land; and the benefit of the work is unexhausted at the time of valuation;

land includes – messuages, tenements and hereditaments, corporeal and incorporeal, of every kind and description (whatever may be the estate or interest in them), together with all structures, paths, passages, ways, waters, watercourses, liberties, privileges, easements, plantations, gardens, mines, minerals and quarries and all trees and timber on land or lying or being under land; and any structure which is above land but permanently anchored to, or otherwise kept in place above, the land; and a licence to enter or remain on land;

land improvements means – the draining, excavation, filling or reclamation of any land or the making of retaining walls or other works appurtenant to that draining, excavation, filling or reclamation; or the grading or levelling of the land or the removal of rocks, stone, sand or soil from the land; or the removal or destruction of vegetation or the effecting of any change in the nature or character of the vegetation; or the alteration of soil fertility or of the structure of the soil; or the arresting or elimination of erosion or flooding;

land value, in respect of land, means an amount assessed in respect of that land as provided in section 11(5);

lease includes an agreement to lease, a licence and any tenancy or occupancy of any land for an estate or interest less than in fee simple;

owner of land means a person having an estate of freehold at law or in equity in any land and includes – a lessee or licensee who is liable for payment of any rates; and a mortgagee in possession;

qualified person means – a person who is qualified to carry on business as a land valuer under section 4 of the Land Valuers Act 2001; and a body corporate of which at least one of the directors or employees is qualified to carry on business as a land valuer as mentioned in section 5 of the Land Valuers Act 2001;

rating authority means a council or other statutory authority authorised by law to make and levy rates or charges in respect of land in any defined area;

registrar means the Administrator of the Magistrates Court, a district registrar or deputy district registrar appointed under the Magistrates Court Act 1987;

regulations means regulations made and in force under this Act;

rent, in respect of a lease, includes any premium, fine, royalty or other consideration for the granting of the lease;

rules of court means rules of court made and in force under this Act;

Secretary means the Secretary of the Department;

statutory authority means a person, body or authority, whether incorporated or unincorporated, constituted by or under an Act or appointed by the Governor under the authority of an Act to administer or control an office, business or undertaking on behalf of the State;

structure includes – any building or erection; and a relocatable structure, building or device that is plumbed or connected to the ground or otherwise made capable of human occupation, other than a mobile home or caravan that is, or is capable of being, fitted with wheels for the purpose of transportation;

subdivide means to divide land by creating estates or interests rendering different parts of land available for separate disposition or occupation;

supplementary valuation means a valuation made under section 18 or 21;

Supreme Court means the Supreme Court of Tasmania;

valuation contractor means a person or body with whom a contract for valuation services is in force under this Act;

valuation district means the municipal area of a council;

valuation list means a valuation list, supplementary valuation list or particulars of adjustment factors referred to in section 45;

valuation roll means a valuation roll referred to in section 24.